Loading...
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: - 1 - JEH24108.10/0006.07005 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 2 - JEH24108.10/0006.07005 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: 3 - JEH24108.10/0006.07005 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 4 - 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. B-2-1