HomeMy WebLinkAboutOrdinance 41941
ORDINANCE NO. 4194
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PENALTIES ASSOCIATED
WITH VIOLATING AND OTHERWISE UPDATING THE
CITY’S FIREWORKS CODE
WHEREAS, the state fireworks law is set forth in chapter 70.77 RCW; and
WHEREAS, the City’s fireworks regulations are codified in chapter 5.27 ECC; and
WHEREAS, the penalty for violating the City’s fireworks regulation has not been updated
since 1995; and
WHEREAS, recent experience during the Fourth of July holiday of 2020 suggests that the
City may need to create stronger incentives to comply with the City’s fireworks code; and
WHEREAS, other aspects of the City’s fireworks regulations need to be updated;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 5.27.010 of the Edmonds City Code, entitled “Definitions,” is hereby
amended to read as follows (new text is shown in underline; deleted text is shown in strike-
through):
The definitions of Chapter 70.77 RCW as now stated or hereafter amended shall
govern the construction of this chapter, when applicable. RCW 70.77.120 through and
including RCW 70.77.241230 as now stated or hereafter amended are adopted by this
reference and a copy or the same shall be kept on file in the office of the city clerk for
public use and inspection. In addition, the following term(s) are defined:
A. “Dangerous fireworks” means any firework not defined as a “common firework” under
the provisions of RCW 70.77.136.
B. The “local fire official” for the purposes of chapter 70.77 RCW shall be the City’s fire
marshal.
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Section 2. Section 5.27.020 of the Edmonds City Code, entitled “Sale, possession, use and
discharge of fireworks unlawful,” is hereby amended to read as follows (new text is shown in
underline; deleted text is shown in strike-through):
A. It is unlawful for any person to sell, possess, use, transfer, discharge, ignite
or explode any fireworks within the city; provided that this prohibition shall not apply to
the following activities, when authorized by a state license and city permit:
1.A. Duly authorized public displays, as provided in RCW 70.77.260;
and
2.B. Duly authorized use by religious organizations or private
organizations or persons for religious or other specific purposes on an approved
date and in an approved location, as provided in RCW 70.77.311(2).
B. RCW 70.77.485, entitled “Unlawful possession of fireworks—Penalties,”
RCW 70.77.540, entitled “Penalty,” RCW 70.77.515, entitled “Unlawful sales or transfers
of consumer fireworks—Penalty,” RCW 70.77.488, entitled “Unlawful discharge or use of
fireworks—Penalty,” RCW 70.77.517, entitled “Unlawful transportation of fireworks—
Penalty,” RCW 70.77.520, entitled “Unlawful to permit fire nuisance where fireworks
kept—Penalty,” and RCW 70.77.510 entitled “Unlawful sales or transfers of display
fireworks—Penalty,” collectively, as now stated or hereafter amended, are adopted by this
reference and a copy or the same shall be kept on file in the office of the city clerk for
public use and inspection.
Section 3. Section 5.27.060 of the Edmonds City Code, entitled “Permit fees,” is hereby
amended to read as follows (new text is shown in underline; deleted text is shown in strike-
through):
The fee for a “public display permit” for public display of fireworks shall be $30.00
$500.00 payable in advance. In addition, in the event that the location specified in the
permit has unusual parameters, limitations or risks requiring inspection over and above that
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anticipated in the establishment of this fee (that is in excess of one hour), a charge for
inspection shall be paid by the applicant equal to the actual cost of providing the inspection.
See ECDC 19.75.065.
Section 4. Section 5.27.180 of the Edmonds City Code, entitled “Enforcement,” is hereby
amended to read as follows (new text is shown in underline; deleted text is shown in strike-
through):
The police chief, fire marshal chief, or their designees, are is authorized to enforce
all provisions of this chapter and, in addition to criminal sanctions or civil remedies, he
may revoke any permit issued pursuant to this chapter upon any failure or refusal of the
permittee to comply: 1) with the orders and directives of the police chief, fire marshal,
chief or their designees,; and/or to comply 2) with any provisions of this chapter or the
requirements of the community development code relating to temporary structures.
Section 5. Section 5.27.210 of the Edmonds City Code, entitled “Penalty and violations,”
is hereby amended to read as follows (new text is shown in underline; deleted text is shown in
strike-through):
A. Except as otherwise provided in subsection B of this section, violations of this
chapter shall be punished as a non-traffic infraction, punishable by a fine of five hundred
dollars. All public safety and education assessments (PSEA) required by state law shall be
added to the base fine described herein. Remission of PSEA money shall be as set forth in
state law and cannot be suspended or waived. The municipal court shall have discretion to
assess additional penalties for failure to pay or respond to notices of infraction issued under
this section as otherwise allowed by law.
B. Any person violating or failing to comply with the provisions of this chapter which
does not also constitute a violation of state law for the second time within five years, and
any subsequent violations within five years, shall be guilty of a civil infraction
misdemeanor and upon conviction thereof, shall be punished by a fine of not more than
$1,000 and/or jail not to exceed 90 days; a fine of $50.00 for the first offense, $100.00 for