Ordinance 2438WSS:it
6/11/84
ORDINANCE NO. 2438
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING -
TON, AMENDING CHAPTER 5.29 TO ADD A NEW SECTION
5.29.165 REGULATING THE USE OF FIREWORKS ON
PUBLIC LAND AND IN PUBLIC PARKS, GRANTING
AUTHORITY TO DESIGNATE LIMITED AREAS THEREIN
FOR THE DISCHARGE OF FIREWORKS AND FIXING IN
TIME WHEN THE SAME SHALL BE EFFECTIVE.
WHEREAS, the use of fireworks on public property and
in public parks involves a danger and risk to the public, to
the environment and to wildlife in and on such lands and that
indiscriminate use of fireworks can be a nuisance to property
owners adjacent to areas of use; and
WHEREAS, the City Council desires to prohibit the use
of fireworks in environmentally sensitive public lands and
parks of the City but recognizes that restricted and
reasonable use of certain types of fireworks can be of
recreational value, now, therefore
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Chapter 5.29 of the Edmonds City Code is
hereby amended by the addition of a new Section 5.29.165
relating to the use of fireworks on public land and public
parks to read as follows:
5,29.165 USE OF FIREWORKS IN PUBLIC PARKS AND
ON PUBLIC LAND.
It shall be unlawful for any person to dis-
charge or possess any fireworks upon public
land or in any public park, owned by the City
of Edmonds, PROVIDED, HOWEVER, that such use
shall be permitted under the following
circumstances:
A. This provision shall not apply to otherwise
lawful use on public rights of way such as
sidewalks and planting strips. This
subsection shall not be a defense to a
charge of obstructing traffic or otherwise
obstructing the public rights of way.
B. The Director of Parks and Recreation is
authorized to designate limited areas for
use during the hours permitted by this
chapter for the discharge of common
fireworks. Otherwise lawful discharge and
possession of common fireworks in such
areas shall not be a violation of this
section. In doing so, the Director shall
consider:
1. The sensitivity of the area's environ-
ment, wildlife and wildlife habitat;
2. The inconvenience and nuisance to
abutting property owners;
3. The safety and suitability of the area
as a place for the discharge of
fireworks; and
4. Danger of fire or other destruction of
public property and improvements from
the use of the fireworks.
Upon designation of any area, it shall be
signed and posted for use during the period
from June 30 through July 4th of each year by
June 15th of that year. Designation of any
area may be appealed in writing to the City
Council by any citizen of the city. The
decision of the Council shall be final.
C. Nothing herein shall be deemed to limit the
authority of the council to allow event
display of special fireworks under a permit
issued in accordance with the provisions of
this chapter.
- 2 -
Section 2. This ordinance shall be in full force and
effect five (5) days after passage and publication by posting
as provided by law.
APPROVED:
MA , LA S. AUGHTEN
ATTEST/AUTHENTICATED:
TY CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ,
FILED WITH THE `CITY CLERK: June 12, 1984
PASSED BY THE CITY COUNCIL: June 26, 1984
POSTED: June 27, 1984
EFFECTIVE DATE: July 2, 1984
ORDINANCE NO. 2438
- 3 -
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
JACQUELINE G. PARRETT
, being first duly sworn
on oath deposes and says that the 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. In accordance with RCW 35A.12.160, on
the 27
day of June
, 1984, affiant posted true and
correct copies of the attached Ordinance No.2438 , passed by the
City Council on the 26 day of
June
, 1984, 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
DATED this 27 day of June 1984.
SUBSCRIBED AND SWORN to before me this 27 day of
June 19 84.
Notary Publ'c in and for the
State o Washingt n, /r,e�iding
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