HomeMy WebLinkAbout2810 Prohibiting Sale and Discharge of Fireworks and Possession and Use of ExplosivesOrdinance No. 2810
AN ORDINANCE OF THE CITY OF PORT TOWNSEND,
WASHINGTON, AMENDING THE PORT TOWNSEND MUNICIPAL
CODE TO CREATE CHAPTER 9. 06, FIREWORKS,
PROHIBITING THE SALE AND DISCHARGE OF FIREWORKS,
AND POSSESSION AND/OR USE OF EXPLOSIVES, PROVIDING
EXEMPTION FOR PUBLIC DISPLAYS, PROVIDING PENALTIES,
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Chapter 70.77 RCW (Washington State Fireworks Law) authorizes
municipalities, including the city, to regulate the sale, discharge and public display of
fireworks within the City; and
WHEREAS, Chapter 70.74 RCW (Washington State Explosives Act) authorizes
municipalities, including the city, to regulate the sale and discharge of explosives within
the City; and
WHEREAS, the City Council deems it to be in the best interests of public health,
safety and welfare that fireworks and explosives be regulated as provided in this
Ordinance.
NOW, THEREFORE, the City Council of the City of Port Townsend does
hereby ordain as follows:
SECTION 1. New Chapter. There is added to the Port Townsend Municipal
Code a new chapter 9.06 to read as follows: See attached Exhibit A incorporated by
reference herein.
SECTION 2. Recodification of Existing PTMC 9.02.370. PTMC 9.02.370, as
amended by this ordinance, is re-codified and shall become a part of Chapter 9.06 as
section 9.06.010, as shown on Exhibit A.
SECTION 3. Severability. If any provision of this ordinance or its application
to any person or circumstances is held invalid, the remainder of the ordinance, or the
application of the provision to other person or circumstances is not affected.
SECTION 4. Effective Date. This ordinance shall take effect five days after
date of its publication, and consistent with requirements of Section 70.77.250 (4) RCW,
and SSSB 6080 (Laws of 2002, amending RCW 70.77.395), be effective for the period
December 27-31, 2002, and thereafter.
Ordinance 2810
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this seventeenth day of June, 2002.
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Attest:
Approved as to Form:
Pamela Kolacy, CMC, City ClerkdJ
John P. Watts, City Attorney
2 Ordinance 2810
Exhibit A
Chapter 9.06 - Fireworks
Sections:
9.06.010
9.06.020
9.06.030
9.06.040
9.06.050
9.06.060
9.06.070
State statutes adopted by reference
Sale, use or discharge of fireworks unlawful
Possession or use of explosives unlawful.
Public display.
Chapter in connection with State law.
Enforcement.
Penalty for violations.
9.06.010
State statutes adopted by reference
The following state statutes, as now or hereafter amended, are hereby adopted by
reference as and for a portion of the fireworks regulations of the City as if set forth in full
herein.
RCW
RCW
RCW
RCW 70.77.285
RCW 70.77.295
RCW 70.77.345
RCW 70~77.420
RCW 70.77.425
RCW 70.77.480
RCW 70.77.485
RCW 70.77.488
RCW 70.77.510
RCW 70.77.515
RCW 70.77.517
RCW 70.77.520
RCW 70.77.540
RCW 70.77.545
RCW 70.77.547
70.77.120 - 70.77.239.236 Definitions.
70.77.255 Acts prohibited without appropriate license.
70.77.260(2) Application for public display permit.
Public display permit - bond or insurance for liability.
Public display permit - amoum of bond or insurance.
Duration of Licenses and retain fireworks sales permits.
Storage permit required - application - investigation - issuance.
Approved storage facilities required.
Prohibited transfers of fireworks.
Unlawful possession of fireworks,
Unlawful discharge or use of fireworks.
Unlawful sales or transfers of special fireworks.
Unlawful sales or transfers of common fireworks - Penalty.
Unlawful transportation of fireworks - Penalty.
Unlawful to permit fire nuisance where fireworks kept - Penalty.
Penalty.
Violation a separate, cominuing offense.
Civil enforcement not precluded. (Ord. 2441 § 38, 1995).
9.06.020 Sale, use or discharge of fireworks unlawful - Exemptions
It shall be unlawful for any person to sell or offer to sell, or use, discharge, ignite or
explode, any fireworks within the City; provided, that this prohibition shall not apply to:
Duly authorized public displays as authorized by a state license granted
pursuant to Chapter 70.77.260(2) RCW;
Use by individual or group for religious or other specified purpose on
approved date and at approved location or as exempted under Chapter
70.77.311 (2) RCW; or
Special effects for entertainment media pursuant to RCW 70.77.535.
Nothing herein prohibits possession of fireworks.
9.06.030
Possession or use of explosives unlawful.
It shall be unlawful for any person to possess, use, discharge, ignite or explode explosives
as defined under RCW 70.74.010, except as provided permitted or authorized by Chapter
70.74 RCW (Washington State Explosives Act).
9.06.040 Public display.
A. Permit required for public display of fireworks. It shall be unlawful for any
person to hold, store for, or conduct or engage in any public display of fireworks within
the City without first having obtained and being the holder of a valid permit from the City
of Port Townsend and license from the State of Washington pursuant to Chapter 70.77
RCW.
B. Permit fee for public display. The annual fee for a public display and permit of
fireworks shall be $250.
C. Issuance - nontransferable - voiding. Each public display permit issued pursuant
to this chapter shall be valid only for the specific authorized display event, shall be used
only by the designated permittee, and shall be nontransferable. Any transfer or
unauthorized use of a permit is a violation of this chapter and shall void the permit in
addition to all other sanctions provided by this code and public law.
D. Application for public display of fireworks. Applications for a permit to hold,
conduct, or operate a public display of fireworks shall be made to the City of Port
Townsend at least forty-five [45] days prior to the scheduled event. Applicants shall
meet all qualifications and requirements of state law regarding public display of
fireworks and all fire and safety requirements in the standards for public display set forth
herein.
E. Standards for public fireworks display[s].
All public fireworks displays shall conform to the following minimum standards and
conditions:
1. All public fireworks displays shall be planned, organized, and discharged by a
State of Washington licensed pyrotcchnician; and
2. A permit shall be obtained from the City of Port Townsend prior to any display of
public fireworks. The permit shall include the name of the applicant and their address;
the name of the pyrotechnician[s] and the respective address, State License number and
expiration date; the exact location, date and time of the proposed display; the number,
type and class of fireworks to be displayed; the location and manner in which the
fireworks are being stored and transported prior to the public fireworks display; and shall
include the name, address and insurance certification form of the insurance company
providing the bond required;
3. A drawing shall be submitted to the fire chief or designee showing a plan of view
of the fireworks area of discharge for a distance 70 feet for every inch of the proposed
display's largest shell diameter [minimum], in all directions;
4. The drawing shall include all structures, fences, barricades, streets, fields,
waterways, and any other significant factors that may be subjected to ignition or that may
inhibit firefighting capabilities;
5. The Chief of the Fire Department may require that a fire department pumper and
minimum of two trained firefighters be on site thirty minutes prior to and after discharge
of any fireworks;
6. All combustible debris and trash shall be removed from the area of discharge for a
distance 70 feet for every inch of the proposed display's largest shell diameter
[minimum], in all directions;
7. All dud fireworks shall be disposed of in a safe and legal manner;
8. A minimum of two minimum 2-A rated pressurized water fire extinguisher and
one 3-A:40-B:C rated fire extinguisher and one fire blanket shall be required to be at the
fireworks discharge site;
9. The permit may be immediately revoked at any time deemed necessary by the
Fire Marshal or designee due to non-compliance, or weather conditions such as extremely
iow humidity or wind factors. The display may also be cancelled by accidental ignition
of any form of combustible or flammable material in the vicinity due to falling debris
from the display;
10. A cash debris bond in the amount of $500, conditioned upon the cleaning up of all
debris and litter from the site and the adjoining area, unless for good cause the
requirement is waived.
11. The Chief of the Fire Department may stipulate additional permit requirements as
deemed necessary for the public and permittee's health, fire and life safety, and welfare.
F. Permit. Based on the investigation by the Fire Chief, or designee, the Fire Chief, or
designee, shall submit a report of findings and a recommendation for or against the
issuance of the permit, together with reasons, to the City Council whether the display as
proposed would be hazardous to property or dangerous to any person. As provided by
RCW 70.77.280, the City Council shall grant the application if it meets the requirements
of this chapter and Chapter 70.77 RCW and applicable laws and regulations. The City
Council delegates to the City Manager the decision to grant or deny the application.
9.06.050 Chapter in connection with State law.
This chapter is intended to implement provisions of the Revised Code of Washington,
particularly Chapter 70.77 RCW (State Fireworks Law), and shall be construed in
connection with that law and any and all rules or regulations issued pursuant thereto.
9.06.060 Enforcement.
The Police Chief, or designee, is authorized to enforce all provisions of this chapter and,
in addition to criminal sanctions or civil remedies, may revoke any permit issued
pursuant to this chapter upon any failure or refusal of the permittee or any person to
comply with the orders and directives of the Fire Chief or designee, or Police officer, and
/or to comply with any provisions of this chapter or other laws or regulations of the City
or State. The procedures for administration and enforcement set forth in Chapter 20.10
PTMC are hereby made applicable to the enforcement of this chapter.
9.06.070 Penalty for violations.
Any person violating or failing to comply with the provisions of this chapter, is guilty of
a misdemeanor.
In addition, or alternatively, violation(s) of any of the provisions of this chapter or any of
the conditions imposed upon a permit issued hereunder shall subject the permittee to a
daily civil penalty as provided in Chapter 20.10 PTMC.
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