Ordinance 28880006.070.005
JEH/naa
07/02/92
ORDINANCE NO. 2888
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING AND REPEALING VARIOUS
SECTIONS OF CHAPTER 5.27 OF THE EDMONDS CITY
CODE IN ORDER TO BAN THE SALE AND DISCHARGE OF
FIREWORKS WITHIN THE CITY EFFECTIVE JULY 1,
1993.
WHEREAS, fireworks are the cause of numerous fires and
injuries within the State of Washington every year, and
WHEREAS, fireworks also produce significant amounts of
nuisance -type noise, and
WHEREAS, the City of Edmonds has the authority to
regulate and restrain the use of fireworks under Article 11,
Section 11, of the Washington State Constitution and RCW
35.22.280(22), and
WHEREAS, the City Council has determined that it is in
the best interests of the public health, safety and welfare to ban
the sale and discharge of fireworks within the City of Edmonds, and
WHEREAS, RCW 70.77.250(4) provides that any local
regulation which is more restrictive than state law as to the type
of fireworks that may be sold may take effect no sooner than one
year after adoption, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. Sale, Possession, Use and Discharge of
Fireworks Unlawful. Section 5.27.020 of the Edmonds City Code is
hereby amended to read as follows:
5.27.020 SALE, POSSESSION, USE AND DISCHARGE
OF FIREWORKS UNLAWFUL.
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:
A. Duly authorized public displays, as
provided in RCW 70.77.260; and
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).
Section 2. Public Displays. Sections 5.27.040,
5.27.060, 5.27.070 and 5.27.080 of the Edmonds City Code are each
amended to read as follows:
5.27.040 PERMIT REQUIRED FOR PUBLIC DISPLAY.
It is unlawful for any person to hold, conduct
or engage in a public display of fireworks
within the City without first having obtained
and being the holder of a valid permit issued
pursuant to the provisions of this Chapter.
5.27.060 PERMIT FEES.
The fee for a "public display permit" for the
public display of fireworks shall be Ten
Dollars ($10), payable in advance.
5.27.070 ISSUANCE - NONTRANSFERABLE -
VOIDING.
Each public display permit issued pursuant to
this Chapter shall be valid for the specific
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authorized public display event only, 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 granted
in addition to all other sanctions provided in
this Code.
5.27.080 APPLICATION FOR PUBLIC DISPLAY
PERMIT.
Applications for a permit to hold, conduct or
operate a public display of fireworks shall be
made to the Edmonds Fire Marshal at least
fourteen (14) 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 as set forth in
the standards for public display.
Section 3. Repealer. Sections 5.27.030, 5.27.050,
5.27.090, 5.27.100, 5.27.110, 5.27.130 and 5.27.200 of the Edmonds
City Code are hereby repealed.
Section 4. Severability. If any section, sentence,
clause or phrase of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
Section 5. Effective Date. Pursuant to RCW
70.77.250(4), this ordinance shall take effect and be in full force
one year from the date of its adoption, to wit: July 1, 1993.
APPROVED:
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ATTEST/AUTHENTICATED:
4CTY CLERK, ONDA J. MARCH
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILEV/ WITH THE CITY CLERK: July 2, 1992
PASSED BY THE CITY COUNCIL: July 2, 1992
PUBLISHED: July 12, 1992
EFFECTIVE DATE: July 1, 1993
ORDINANCE NO. 2888
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JEH24108.10/0006.07005
RECEIVEt)
STATE OF WASHINGTON,
COUNTY OF SNOHOIYISH,
SUMMARY OF_
ORDINANCE NO. 2888
of the City of
Edmonds, Washington
On the 2nd day of July 1992
the City Council of the 6ty of
Edmonds, passed Ordinance
Jo. 2888. A summary of the
:onslstilt9 of tOf he Title, prlovides
OL IN
RDER�TO BAN THE DSALE
�FIREIVORKSDISCWITH N THE
CITY EFFECTIVE JULY 1,
1993.
Ordinanceuwill bewailed pon
request.
DATED this 2nd day of July,
1992.
LRHONDA J. MARCH
Pubiislhed•IJuly 12, 1992,
Ss.
Affidavit of Publication
.1Ut171992
Edmonds city Cisrk
The. undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
Summary of Ordinance NO. 2888
....................................
Amending Edmonds City Code
........... .........................
............................................................................•-----....................•..........
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
July 12, 1992
...................................................•-------...........----••-•----••----•-----.......---......................
......................................................................................................................................
and that said newspaper was regularly distributed to its subscribers
during all of sal period.
j/ Principal Clerk
Subscribed and sworn to before me this ...... 1..4.th............
d for th`5&4te of Washington,
Snohomish County.
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