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HomeMy WebLinkAboutITEM VIII-A-3 , * * CI'iY OF * ~ AGENDA BILL APPROVAL FORM )WASH W GTO N Agenda Subject: Ordinance No. 6314 Date: June 15, 2010 Department: Attachments: Ordinance 6314 Budget impact: Police Administrative Recommendation: City Council introduce and adopt Ordinance No. 6314. Background Summary: The current provisions of the Aubum Municipal Code provide for cegulation of fireworks, essentially holding anything that goes up in the air or explodes, "goes up or blows up," is illegal and impermissible in the City of Aubum. Because of recent problems that the City has had with respect to people lighting off fireworks, ineluding fireworks that appear not to be in conformity with the City regulations, it is appropriate that the City Council consider its options. Among those options are further restricting fhe ban on fireworks. If the ban were more comprehensive, such as providing that only sparklers and such devices could be used, and prohibiting all othercommercial fireworks; except for public displays, it would set an easier demarcation between those #hings that are permitted and those things thaf are not; so that police would have an easier time enforcing the regulations at hand. Proposed Ordinance 6314 would proh'ibit fireworks, other than for sparlclers and other than for public displays of fireworks, as defined in the Code. A0621-1 01.8 - Reviewed by Council & Committees: Reviewed by Departments & Divisions: 0 Arts Commission COUNCIL COMMITTEES: p Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. p Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire p Planning ❑ Park Boarcl 0Public Works ❑ Legal p Police , ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Actlon: Committee ApprovaL• ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Peloza Staff: Kell Meetin Date: June 21, 2010 Item Number: VIII.A.3 AUBURN * MORE THAN YOU IMAGIN£D ORDINANCE NO. 6 3 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 8.24 OF THE AUBURN CITY CODE RELATING TO FIREWORKS WHEREAS, the laws of the State of Washington authorize municipalities #o exercise some controls over the sale and use of fireworks with their corporate boundaries; and _ WHEREAS, the City Council of the City of Auburn recognizes the dangers that . fieworks present to the health, safety and welfare of the citizens of the City of Auburn; and WHEREAS, in keeping with those concerns, it is a appropriate to prohibit the use, possession and detonation of certain fireworks within the City of Aubum; and WHEREAS, additionally, after further review of the city code, it is also appropriate to clarify the language regarding the issuance and approval of firework sale permits. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to Citv Code. That chapter 8.24 of the Auburn City Code is amended to read as follows: Chapter.8:24 FIREWORKS Sections: 8.24.010 RCW adopted - Copies filed and authenticated. 8.24.020 Restriction on times for sale and discharge of fireworks. 8.24.030 ' Restriction on tvpes of fireworks. 8.24.040 Public display of fireworks. 8.24.050 Violation - Penalty. Ordinance No. 6314 June 14, 2010 Page 1 ~ 8.24.060 Severability. - 8.24.010 RCW adopted - Copies filed and authenticated. Except as otherwise provided herein, Chapter 70.77 RCW, State Fireworks Law, is hereby adopted by reference, including all future amendments or additions thereto, and under the provisions of RCW 35A.12.140, the sections codified in this chapter shall be published as required by law, but the specified Chapter 70.77 RCW adopted by reference need not be - pablished but shall be authenticated and recorded with the Aubum city clerk, and not less than one copy of such chapter in the form in whicfi it was adopted shall forthwith be filed in the office of the Auburn city:clerk for use and examination by the public. (Ord. 5679 § 1, 2002; Ord. 5385 § 3, 2000.) 8.24.020 Restriction on times for sale and discharge of fireworks. The sale, purchase, possession and discharge of consumer fireworks shall not be permitted at any time except for the tvae(s) of fireworks described in Section 8.24.030 of this Chaqter,_and except during the following times and dates: A. Sale and Purchase of Consumer Fireworks. Between the hours of 12:00 noon and 9:00 p;m: on June 28th of any year and befinreen 9:00 a.m. and 9:00 p.m. on June 29th through July 4th of any year, with the sale of consumer fireworks not being permitted on or , around New Year's Day, or at any time other than specified above; and ; B. Discharge on July Fourth. Between the hours of 9:00 a.m. and 11:00 p.m. on the 4th of July of any year; and C. . Discharge on New Year's. Between the hours of 6:00 p.m. on December 31st and 1;00 a.m. on January 1st of the subsequent year. D. Anv sale of fireworks described in Section 8.24.030 of this Chapter shall be bv permit issued bv the Citv of Aubum and apqroved bv the chief of the Vallev Re_qional Fire Authoritv (VRFA). E. It is provided, however, that possession of consumer fireworks maV occur within the Citv of Auburn while such fireworks are in transit throuah the Citv of Auburn from a location where their purchase and possession are lawful to a location where their possession and use are lawful: provided that such transit to and from such locations is continuous and uninferrupfed while within the Citv of Auburn, and that such transit is in a vehicle in which such transit can be safely accomplished and that such transit through the Citv of Auburn is on state hiqhwavs onlv (SR-18 SR-164 SR-167); and it is further provided, that the transit of such fireworks is in conformitv with all leqal requirements for such transit. (Ord. 5679 § 1, 2002; Ord. 5385 § 1, , 2000; Ord. 4749 § 2, 1995. Formerly 8.24.060.) 8.24.030 ' Restriction on tvaes of fireworks. . , pessessed, , . , . a C12res fnr omerncnnv nMnta4inn. . 3. 1 lse hv militani nrnoni-si4inns . Ordinance No. 6314 June 14, 2010 Page 2 . , , , ; , B. , possessed, , . igRitien, • , , , • , • . UpeR , . GFOLind . , . S. . , UPGR , A The followina tvpe(s) of fireworks shall be permitted within the time paramefers described in Section 824,020 of this Chapter: 1 "Sparklers" means a wire or stick coated with pvrotechnic composition that produces a shower of sqarks upon iqnition. 2 No sparklers mav be combined at anv time, unless thev are affixed to a common base and the tofal quantitv of qvrotechnic composition of all sparklers combined does not exceed.200 qrams. 3 All other tvpes of .Gonsumer Fireworks are prohibited within the Citv of Auburn, except as a qart of a public displav of fireworks qursuant to Section 8.24.040 et seq. of this Chapter. ' 6B. Permit for Display of Fireworks. A permit for display of fireworks may be issued by the Citv of Aubum and approved bv the €r-e-chief of the VRFA under the provisions as set forth in ACC 8.24.040. (Ord. 5945 § 1, 2005; Ord. 5679 § 1, 2002; Ord. 5385 § 5, 2000.) 8.24.040 Public display of fireworks. A. Every public display of fireworks shall be handled by a competent operator approved by the fire chief or his designee and shall be of such character, and so located, discharged, or fired, that, in the opinion of the fire chief or his designee, after proper - - - - Ordinance No. 6314 June 14, 2010 Page 3 investigation, it will not constitute a hazard to property or endanger any person. Should the fire chief or his designee deny a permit for public display of fireworks, the applicant therefor shall have the right to appeal that denial to the appropriate Auburn city council committee, which shall consider such application, recommendation and denial, and in its discretion shall either uphold the denial or grant the permit applied for. B. A state pyrotechnics license is required for operators of a public display of fireworks. C. A bond or certificate of insurance must be furnished to the fire chief before a permit is issued. The bond shall be in the amount of $1,000,000 and shall be conditioned upon the applicant's payment of all damages to persons and property resulting from or caused by such public display of fireworks, or by any negligence on the part of the applicant or its agents; servants, employees or subcontractors in the presentation of the display. The certificate of insurance shall evidence a comprehensive general liability, including automobile coverage, insurance policy providing limits of $1,000,000 combined single limit, per occurrence and annual aggregafe, no deductible, and naming the city of Auburn as an additional insured. ' D. Transportation and Sforage. 1. All fireworks shall be transported within the city in accordance with 49 GFR Part 177 and 397.9(b) prior to reaching the display site. 2: As soon as the fireworks have been delivered to the display site, they shall be attended and shall remain dry. 3. All shells shall be inspected upon delivery to the display site by the display operator. .Any shells having tears, leaks, broken fuses, or showing signs of having been wet shall be set aside and shall not be fred. After the display, any such shells shall be either retumed to the supplier or destroyed according to the supplier's instructions. 4. All fireworks at the firing site must be. stored in ready boxes (substantially. constnacted wood magazines). During the display, the magazines must be 25 feet upwind (relation to firing line) from the nearest mortar. Magazine lids must open in the opposite direction fo the firing. All ready boxes are to be protected by a flame-proof water-repellent canvas cover until emptied. 5. The shell storage area shall be located at a minimum distance of not less than 25 feet from the discharge site. ,6. During the display, shells shall be stored upwind from the discharge site. If the wind shifts during the display, the shell storage area shall be relocated to be upwind from the discharge site. 8. Preparation of Site and Crowd Control. 1. All dry grass, weeds and other combustible waste matter within 50 feet of the firing site shall be removed. 2. The site shall be located so that the trajectory of shells shall not come within 25 feet of any ovefiead object. ' 3. Discharged fireworks shall not come within 100 feet of any tent or canvas shelter. 4. The firing and storage site shall be located not less than 200 feet from any building. 5. The operator shall provide sufficient personnel to assure that no unauthorized persons are allowed within 200 feet of the firing and storage site. This requirement shall be in effect from one-half hour prior to the arrival of fireworks until all fireworks debris, equipment and fireworks have been removed from the site. 6. Spectators shall be restrained behind lines or barriers at least 200 feet from the firing and storage locations. F. Installation of Mortars. Ordinance No. 6314 June 14, 2010 Page 4 1. Mortars shall be inspected for dents, bent ends, and cracked or broken plugs prior to ground placement. Mortars found to be defective in any way shall not be used. Any scale on the inside surface of the mortars shall be removed. 2. Mortars shall be positioned so that the shells are carried away from spectators and buildings. When fired over water, mortars shall be installed at an angle of not less than 10 degrees, pointing toward the water. 3: Mortars shall be either buried securely into the ground to a depth of between two- thirds and three-fourths of their length or fastened securely in mortar boxes or drums. In soft ground, heavy timber or rocK slabs shall be placed beneath the mortars to prevent their sinking or being driven into the ground during firing. 4. In damp ground, a weather-resistant bag shall be placed under the bottom of the mortar prior to placement in the ground to protect the mortar against moisture.. 5. Weather-resistant bags shall be placed over the open end of the mortar in damp weather to keep moisture from accumulating on the inside surFace of the mortar. 6. Sand bags, dirt boxes, or other suitable protection shall be placed around the mortars to protect the operator from ground bursts. This requirement shall not apply to the down-range side of the discharge site. G. Operation of the Display. 1. The operator shall provide fire protection at the site as required by the fire chief or his designee. 2. Only permitted fireworks are authorized for use. 3. If, in the opinion of the fire chief or his authorized representative, lack of.crowd control should pose a danger, the display shall be immediately discontinued until such time as the situation is coRected. 4. If at any time high winds or unusually wet weather prevail such that, in the opinion of the fire chief, his authorized representative or the display operator, a definite danger exists, the public display shall be postponed until weather conditions improve to permit safe discharge of fireworks. 5. Light snow or mist need not cause cancellation of the display; however, all materials used in the display shall be protected from the weather until immediately prior to use. 6. Display operators and assistants shalf use only flashlights or approved electric lighting for artificial illumination. 7. No smoking or open flames shall be allowed within 50 feet of the firing or storage area as long as shells are present. Signs to this effect shall be conspicuously posfed. 8. The first shell fired shall be carefully observed to determine that its trajectory will carry it into the intended firing range and that the shell functions over, and any debris falls into, the planned landing area. 9. TFie mortars shall be re-angled or reset if necessary at any time during the display. 10. When a shell fails to ignite in the mortar, the mortar shall not be touched for a minimum of five minutes. After five minutes it shall be carefully flooded with water. Immediately following the display, the mortar shall be emptied into a bucket of water. The supplier shall be contacted as soon as possible for proper disposal instructions. 11. Operators shall not attempt to repair a damaged shell nor shall they attempt to dismantle a dry shell. In all such cases, the supplier shall be contacted as soon as possible for proper disposal instructions. 12. Operafors shall not dry a wet shell, lance, or pot for reuse. 13. The entire firing range shall be inspected immediately following the display to locafe any defective shells. Any such shells found shall be immediately doused with water Ordinance No. 6314 June 14, 2010 Page 5 before handling. The shells shall be placed in a bucket of water. The supplier shall then be contacted as soon as possible for proper disposal instructions. 14. When fireworks are displayed in darkness the sponsor shall ensure that the firing range is inspected early the following moming. 15. Any fireworks remaining unfired after the display shalt be immediately disposed of or removed from the city to the supplier from which they were purchased or to a location approved by the fire chief or his designee. 16. The debris from discharged fireworks shall be properly disposed of. H. The denial by the fire chief of a permit for the public display of fireworks may be appealed to the appropriate Aubum city council committee. (Ord. 5679 § 1, 2002; Ord. 5385 § 6, 2000; Ord. 3976 § 8, 1984. Formerly 8.24.080.) 8.24.050 Violation - Penalty. A. Any person violating any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be 'punished by a fine in an amount not exceeding $1,000, or by imprisonment in jail for a term not exceeding 90 days, or by both. In the case of a conviction for ~ a violation of this chapter, the ' VRFA chief or designee may order the fireworks stand closed and may deny approval of a request by the person for a fireworks license for the next year. B. A person is guilty of a separate offense for each separate and distinct violation of any provisions of this chapter, and a person is guilty of a separate offense for each day during which he/she commits or allows to continue any violation of the provisions of this chapter. C. Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this chapter or ofi Chapter 70.71 RCW shall be subject to seizure by any police officer or by the cify's fire marshal or his designee. (Ord. 5679 § 1; 2002.) 8.24.060 Severability. If any provision of this chapter or Chapter 70.77 RCW adopted by reference in this chapter and effective from and after five days from publication following adoption by the city council or its application to any person or circumstance is held invalid, the remainder of this chapter or its application of the provisions to other persons or circumstances shall not be affected. (Ord. 5679 § 1, 2002; Ord. 5385 § 4, 2000. Formerly 8.24.020.) Section 2. Imalementation. The Mayor is hereby authorized to implement . such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severabilitv. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application Ordinance No. 6314 June 14, 2010 Page 6 thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force three hundred sixty-five (365) days from and after its.passage and approval, and after its publication as provided by law. DATED and SIGNED this day of , 2010. INTRODUCED: . PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APP E O F M: ~ Daniel B. Fleid-,,' City Aftorney . PUBLICATION Ordinance No. 6314 June 14, 2010 . Page 7