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Ordinance 2437Ii i BBH:jry 06/15/84 ORDINANCE NO. 2437 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, ADDING A NEW CHAPTER 5.29 TO THE EDMONDS CITY CODE REGULATING THE SALE, USE, POSSESSION, MANUFACTURE AND PUBLIC DISPLAY OF FIREWORKS WITHIN THE CITY; REQUIRING PERMITS THEREFOR; PROVIDING STANDARDS FOR TEMPORARY FIREWORKS STANDS; PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF, REPEALING ORDINANCE NO. 1052 AND CHAPTER 5.28 RELATING TO FIRE- WORKS AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edmonds is a noncharter optional municipal code city and as such has the power, pursuant to RCW Chapter 35A.11 and RCW Chapter 70.77 to regulate the sale, use, possession, manufacture and public display of fireworks within its boundaries, and WHEREAS, the City Council deems it to be in the in- terest of the public health, safety and welfare to regulate such sale, use, possession, manufacture and public display of fireworks, and, WHEREAS, the City Council deems it desirable to re- peal Ordinance No. 1052 and Chapter 5.28 of the Edmonds City Code regulating fireworks and to provide new regulations to conform to recent amendments to RCW 70.77, and WHEREAS, the City Council declares and finds that the health, safety and welfare of its citizens would be affected by the unregulated use of fireworks, and that the ordinance must be immediately effective in order to be in full force and effect during the Fourth of July holiday period, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new chapter 5.29 is hereby added to the Edmonds City Code to read as follows: 5.29.010 Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device, in a finished state, containing any combustible or explo- sive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagra- tion or detonation, and classified as common or spe- cial fireworks. B. "Special fireworks" includes any fireworks designed primarily for exhibition display by producing visible or audible effects. The term includes fireworks commonly known as skyrockets, missile -type rockets, firecrackers, salutes and chasers and fireworks not classified as common fireworks. C. "Common fireworks" means any fireworks designed pri- marily to produce visible or audible effects by com- bustion. 1. The term includes: (a) Ground and hand-held sparkling devices, including items commonly known as dipped -2- sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, and flitter spark- lers; (b) Smoke devices; (c) Fireworks commonly known as helicopters, aerials, spinners, roman candles, mines, and shells; (d) Class C explosives classified on January 1, 1984, as common fireworks by the United States Department of Transportation. 2. The term does not include fireworks commonly known as firecrackers, salutes, chasers, sky- rockets, and missile -type rockets. D. "Agricultural and wildlife fireworks" includes fire- works devices distributed to farmers, ranchers, and growers through a wildlife management program admin- istered by the United States Department of the In- terior. E. "Public display of fireworks" means an entertainment feature where the public is admitted or permitted to view the display or discharge of special fireworks. F. "Fire nuisance" means anything or any act which in- creases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinquishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance to the prevention of or extinquishment of fire. G. "License" means a nontransferable formal authori- zation which the State Fire Marshal is permitted to issue under RCW Chapter 70.77 to engage in the acts specifically designated therein. H. "Permit" means the official permission granted by the City of Edmonds for the purpose of doing any act which is regulated by this ordinance. -3- S. "Person" includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. J. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fire- works article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks. K. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells special fireworks to public display permittees. L. "Retailer" includes any person who, at a fixed loca- tion or place of business, sells, transfers, or gives common fireworks to a consumer or user. M. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and dis- charging public displays of fireworks. N. "Fire Chief" means the Chief Administrative Officer of the Edmonds Fire Department and/or his designee who shall be the local fire official for purposes of RCW 70.77. 5.29.020 Acts'Prohibited Without a Permit. No person shall do any of the following acts in the City of Edmonds without having first obtained and having in full force and effect a valid permit issued by the City to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use provided, however no permit is required for the possession or use of com- mon fireworks lawfully purchased at retail; -4- B. Discharge special fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a public carrier de- livering to a permittee. 5.29.030 Application for Permit. A. Any person desiring to do any act set forth in Sec- tion 5.29.020 shall first make written application for a permit to the Fire Chief. The application for a permit shall be signed by the applicant. If the application is made by a partnership, it shall be signed by each partner of the partnership, and if the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation. The application shall be in such form as the Fire Chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant; 2. A statement by the applicant that he or she is over the age of eighteen (18) years of age; 3. A statement as to whether the applicant pos- sesses a license issued by the State Fire Mar- shal to do the act for which the permit is sought, and the current status of the said li- cense; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought; and 5. Such other information as the Fire Chief may require in order to make any investigation or report required by of this chapter. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of Thirty dollars ($30.00). The City Council hereby finds that this charge is necessary to cover the legitimate -5- administrative costs for permit processing and inspection. C. All applications for permits pursuant to this chapter shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of $500,000 and $1,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage lia- bility for each event. Such general liability policy shall name the City of Edmonds as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of said policy without thir- ty (30) days written notice to the City. Said policy and certificate shall be in a form approved by the City Attorney. D. Applications for public display of fireworks shall be made in writing at least ten (10) days in advance of the proposed display. 5.29.040 Investigation, Report on Permit Application. It shall be the duty of the Fire Chief to make an in- vestigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fire- works, the Fire Chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person. 5.29.050 City Council May Grantor Deny Permit - Con- ditions. The City Council shall have the power to grant or deny any application for a permit, or to subject the same to such reasonable conditions, if any, as it shall prescribe. 5,29.060 License Required Prior to Issuance of Permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the State Fire Marshal, pursuant to RCW Chapter 70.77, to do the particular act or acts for which the permit is sought. Q1.2 1. 5.29.070. Public Di play Permit Granted for Exclusive Purpose - Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. 5.29.080 Supervision of Public Displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator approved by the Fire Chief. 5.29.090 Permit Authorizes Activities of Salesmen, Employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to salesmen and other employees of such person. 5.29.100 Dates and Time Common Fireworks May be Sold or Discharged. No common fireworks shall be sold or discharged within the City of Edmonds except from 12:00 noon on the 28th of June to 12:00 noon on the 6th of July of each year. No common fireworks may be sold or discharged between the hours of eleven o'clock p.m. and nine o'clock a.m. 5.29.110 Sales of Common Fireworks. No person shall sell common fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. 5.29.120 A11 Sales to be From Temporary Stands. All sales of common fireworks shall be from temporary stands, which shall not be erected prior to the 18th day of June of any year and which shall be removed or torn down not later than the 16th day of July of the same year. 5.29.130 Standards for Fireworks Stands. The fireworks stands of all those persons engaging in the sale of common fireworks pursuant to a permit issued under this chapter shall conform to the following mini- mum standards and conditions: A. Fireworks stands shall comply with all provisions of the building code and shall be constructed in such a -7- manner so .as not to endanger the safety of attendants and patrons. B. No fireworks stand shall be located within fifty (50) feet of any other building or structure. C. Each fireworks stand must have at least two exits which shall be unobstructed at all times. D. Each fireworks stand shall have in a readily access- ible place, at least two fire extinquishers approved by the Fire Chief. E. All weeds, grass and combustible material shall be cleared from the location of the fireworks stand and the surrounding area a distance of not less than twenty (20) feet, measured from the exterior walls on each side of the fireworks stand. F. No smoking shall be permitted in or near a fireworks stand, and the same shall be posted with proper "No Smoking" signs. G. Each fireworks stand shall have an adult in atten- dance at all times that the stand is stocked. Stock from the stand shall not be removed or stored in any other building during the sales period without the express written approval of the Fire Chief. H. No fireworks stand shall be located within a radius of five hundred feet from any other stand. I. Each fireworks stand shall have provision for suf- ficient off street parking, in the opinion of the Fire Chief, to avoid impeding continuous flow of traffic at entrances and exits from the premises. J. Each firework stand shall post prominently a list of fireworks that may be sold to the public. 5.29.140 Fire Nuisance Where Fireworks Kept Prohibited. No person shall allow any rubbish to accumulate in any premises where any fireworks are sold or stored or per- mit a fire nuisance to exist on such premises. ME 5.29.150 Approved Storage Facilities Required. It shall be unlawful for any person to store unsold stocks of fireworks remaining unsold after the lawful period of sale as provided in his permit except in such places of storage as the Fire Chief shall approve. Un- sold stocks of fireworks remaining after the authorized retail sales period from 12:00 noon on June 28th to 12:00 noon on July 6th shall be returned on or before July 31st of the same year to the approved storage fac- ilities of a licensed fireworks wholesaler, to a maga- zine or storage place approved by the Fire Chief or to a place approved by the State Fire Chief. Upon receiving a written application at least ten days prior to the date of proposed storage, the Fire Chief shall investi- gate whether the character and location of the storage would constitute a hazard to any property or be danger- ous to any person. Based upon the investigation, the Fire Chief may grant or deny any application for storage or to subject the same to such reasonable conditions, if any, as he shall prescribe. 5.29.160 Unlawful Possession. The possession of any class or kind of fireworks in violation of the provisions of this chapter is pro- hibited. 5.29,170 Sales or Transfers of Special Fireworks. No person shall sell or transfer any special fireworks to any person who is not a fireworks permittee as pro- vided in this chapter. 5,29.180 Manufacture or Sale of Fireworks for Out of State Shipment. This chapter does not prohibit any manufacturer, whole- saler, dealer, or jobber, having a license issued by the State Fire Marshal and a permit secured under the pro- visions of this chapter from manufacturing or selling any kind of fireworks for direct shipment out of this state. 5.29.190 Special Effects for Entertainment Media. This chapter does not prohibit the assembling, com- pounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio, or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid MM permit issued by the City of Edmonds to purchase, pos- sess, transport or use such fireworks. 5.29.200 Nonprohibited Acts - Signal Purposes, Forest Protection. This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehic- les, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities. 5.29.210 Revocation or Suspension of Permit. A. Authority. The Fire Chief may at any time suspend or revoke any permit issued under the provisions of this chapter, if the permittee has: 1. Violated any of the provisions of this chapter by the person holding such permit or any of his servants, agents or employees; 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had any license required by the State of Washington to engage in any act prohibited by RCW Chapter 70.77 or this chapter to be done without a license, suspended or re- voked; or 4. Has had any insurance coverage required by this chapter cancelled, revoked or lapsed. B. Effective Date of Revocation. When the Fire Chief determines that there is cause for revoking or sus- pending any permit issued pursuant to this chapter, the Fire Chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspen- sion or revocation shall become effective immediately upon receipt of the notice by the permittee. C. Appeal. The decision of the Fire Chief with respect to the revocation or suspension of any permit issued under this chapter shall be final. Any permittee whose permit is suspended or revoked may appeal the decision of the Fire Chief to the Snohomish County -10- Superior Court by filing such appeal within ten (10) days of the date of the final decision of the Fire Chief. This shall be the exclusive remedy of any permittee under this chapter. 5.29.220 Reckless Discharge or Use Prohibited. It is unlawful for any person to discharge or use fire- works in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. 5.29.230 Penalties for Violation. Any person violating any of the provisions of this chap- ter shall, upon a finding that such violation was com- mitted, be punished by a monetary penalty in a sum not exceeding five hundred dollars ($500.00) or imprisonment not to exceed 180 days or by both such fine and impris- onment. 5.29.240 Violation a Separate, Continuing Offense. A person commits a separate offense for each day during which he commits, continues, or permits a violation of any provision of this chapter. Section 2. Chapter 5.28 of the Edmonds City Code and Ordinance No. 1052 of the City of Edmonds, passed by the City Council on May 5, 1964, are hereby repealed. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be in- valid or unconstitutional by a court of competent juris- diction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other sec- tion, sentence, clause or phrase of this ordinance. Section 4. Effective Date. The City Council hereby declares that the preservation of the public safety by the -11- effective regulation of fireworks in accordance with state law creates the existence of an emergency necessitating that this ordinance take effect immediately upon passage by no fewer than five (5) affirmative votes of the members of the City Council. APPROVED: MAV6$l LAKAY X. NAUGHTEN ATTEST/AUTHENTICATED: CITf CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH TH CITY CLERK: PASSED BY THE CITY COUNCIL: June 26, 1984 POSTED: June 27, 1984 EFFECTIVE DATE: June 26, 1984 ORDINANCE NO. 2437 -12- AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) JACQUELINE G. PARRETT , being first duly sworn on oath deposes and says that _he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. the 27 day of June In accordance with RCW 35A.12.160, on , 1984, affiant posted true and correct copies of the attached Ordinance No.2437 , passed by the City Council on the 26 day of June , 19 84, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office .201 Main Street Edmonds, Washington 98020 DAZED this 27 day of June 1984 SUBSCRIBED AND SWORN to before me this 27 day of June 19 84. Notary Public n and for the State of Washington rx,,--- 'ding at Lz�� 6u .