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Ordinance 27060006.07005 DAS/naa 11/04/88 RE/01/19/89 RE/03/27/89 ORDINANCE NO. 2706 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS CITY CODE BY REPEALING CHAPTER 5.26 ENTITLED "FIREWORKS", ADOPTING A NEW CHAPTER 5.26 ENTITLED "FIREWORKS", CONTAINING A SEVERABILITY CLAUSE AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE WHEREAS, the Edmonds City Council finds that Edmonds City Code Chapter 5.26 entitled "Fireworks" as it now exists should be repealed and a new Chapter 5.26 entitled "Fireworks" should be adopted; and WHEREAS, the Edmonds City Council finds that this ordinance is in the interest of the public health, safety and welfare, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 5.26 of the Edmonds City Code is hereby repealed. Section 2. A new Chapter 5.26 Fireworks is hereby adopted and added to the Edmonds City Code to read as follows: Chapter 5.26 FIREWORKS Sections• 5.26.010 Definitions 5.26.020 Possession of fireworks unlawful 5.26.030 Permit required to sell or display fireworks DAS003220 -1- 5.26.040 Time limit set on sale and use 5.26.050 Sale of fireworks to persons under sixteen years of age prohibited 5.26.060 Permit fees 5.26.070 Issuance--Nontransferable--Voiding 5.26.080 Application for public display permit 5.26.090 Application for seller's permit -- Conditions for issuance 5.26.100 Sale from stands --Exceptions 5.26.110 Standards for temporary stands 5.26.120 Standards for public fireworks displays 5.26.130 Use of Fireworks in Public Parks and Public Land. 5.26.140 Special Effects for Entertainment, Media 5.26.150 Nonprohibited Acts - Signal Purposes, Forest Protection 5.26.170 Applicability 5.26.180 Chapter in connection with state law 5.26.190 Enforcement 5.26.200 Penalty for violations 5.26.220 Reckless Discharge or Use Prohibited 5.26.010 DEFINITIONS. The definitions of RCW Chapter 70.77 as now stated or hereinafter amended shall govern the construction of this chapter, when applicable. RCW 70.77.120 through and including RCW 70.77.230 as now stated or hereinafter amended are adopted by this reference and a copy of the same shall be kept on file in the office of the city clerk for public use and inspection. 5.26.020 POSSESSION OF FIREWORKS UNLAWFUL. It is unlawful for any person to sell, possess, use or explode any dangerous fireworks within the city; provided, that this prohibition shall not apply to duly authorized public displays. Any item of fireworks which does not meet the State of Washington Fire Marshal's approval in conformity with RCW Chapter 70.77, as amended, shall be deemed dangerous and is prohibited by this chapter. 5.26.030 PERMIT REQUIRED TO SELL OR DISPLAY FIREWORKS. It is unlawful for any person to engage in the retail sale of or to sell any fireworks or 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. DAS003220 -2- 5.26.040 TIME LIMIT SET ON SALE AND USE. No permit holder shall offer for retail sale, expose for retail sale or sell any fireworks within the city except from twelve noon until eleven p.m. on the twenty-eighth day of June, nine a.m. until eleven p.m. on the twenty-ninth day of June through the third day of July, and from nine a.m. until nine p.m. on the fourth day of July of any year. Except as authorized by a state license and city permit granted pursuant to RCW 70.77.260(2) (public display) or RCW 70.77.311(2) (use by group or individual for religious or other specific purpose on approved date and at approved location) no person shall ignite or discharge any fireworks within the city except on July 4th of any year between the hours of nine a.m. and eleven p.m. 5.26.050 SALE OF FIREWORKS TO PERSON UNDER SIXTEEN YEARS OF AGE PROHIBITED. It is unlawful to sell fireworks to any person under the age of sixteen years. Sellers shall require proof of age by means of display of a Washington State driver's license or photo identification card issued by the Washington State Department of Licensing. No other forms of identification shall be accepted. 5.26.060 PERMIT FEES. The annual fee for a "seller's permit" for the sale of fireworks as may be authorized under this chapter, shall be one hundred dollars per year for each seller's permit, payable in advance. The fee for a "public display permit" for the public display of fireworks shall be fifty dollars, payable in advance. 5.26.070 ISSUANCE--NONTRANSFERABLE--VOIDING. Each seller's permit issued under this chapter shall be for only one retail outlet. The number of seller's permits shall not be limited as long as all conditions are met as stated in section 5.26.110. Each seller's permit issued pursuant to this chapter shall be valid only for the current year, shall be used only by the designated permittee and shall be nontransferable. Each public display permit issued pursuant to this chapter shall be valid for the specific 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. DAS00322O -3- 5.26.080 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 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. 5.26.090 APPLICATION FOR SELLER'S PERMIT --CONDITIONS FOR ISSUANCE. Applications for seller's permits shall be made to the city clerk annually on or after April 1st of the year for which the permit is issued and the filing period shall close on April 15th of such year unless extended by action of the city council. Applications shall be signed before a notary public by the retail seller, if an individual, or by the duly authorized officer, if an association or corporation. It is unlawful for a fireworks manufacturer, wholesaler or supplier to make application for or to obtain a retail sales permit on behalf of any retailer. Seller's permits for the sale of Washington State Fire Marshal approved fireworks shall be issued only to applicants meeting the following conditions: (1) The retailer or person in charge and responsible for the retail operation shall be over twenty-one years of age, of good moral character and of demonstrated responsibility. (2) The applicant shall have a valid and current license issued by the Washington State Fire Marshal pursuant to RCW Chapter 70.77 authorizing the holder thereto to engage in the retail sale of fireworks. (3) The applicant shall own or have the right to possess a temporary fireworks stand complying with the requirements of this chapter, and those for temporary structures as set forth in the community development guide. (4) The applicant shall procure and maintain a policy or policies of public liability and property damage insurance issued by a company or companies approved by the city in the following minimum amounts: five hundred thousand dollars for injuries to any one person in one accident or occurrence; one million DAS00322O -4- dollars for injuries to two or more persons in any one accident or occurrence; five hundred thousand dollars for damage to property in any one accident or occurrence; one million dollars combined single limit for any one accident or occurrence. In addition, the city is to be an additional named insured and the policy shall provide for the immediate notification of the city by the insurer of any cancellation of each policy. (5) The permit holder's location or place of business shall be only in those areas or zones within the city wherein commercial activities are authorized under applicable zoning law; provided, that the sale of Washington State Fire Marshal approved fireworks shall not be deemed an enlargement of an existing nonconforming use. (6) The applicant shall post with the city a performance bond or a cash deposit in an amount not less than two hundred dollars, conditioned upon the prompt removal of the temporary fireworks stand and the cleaning up of all debris from the site of the stand, which deposit shall be returned to the applicant only in the event that he removes the temporary stand and cleans up all debris to the satisfaction of the proper officials of the city. In the event of his failure to do so, the performance bond or cash deposit shall be forfeited. In no event shall the applicant be entitled to the return of the performance bond or cash deposit if he has failed to remove the stand and clean up all debris by the tenth of July following the sales period. (7) Only one permit shall be issued to each applicant. (8) No seller's permit shall be issued for a location which fails to meet the criteria set forth in section 5.26.110, including the minimum stand separation requirement. When necessary, in order to determine priority as to a proposed location, the earliest date and time of filing of an application for a seller's permit with the city clerk shall be controlling. 5.26.100 SALE FROM STANDS --EXCEPTIONS. All Washington State Fire Marshal approved fireworks except "toy caps" shall be sold and/or distributed only from temporary stands. DAS00322O -5- 5.26.110 STANDARDS FOR TEMPORARY STANDS. The temporary stands of all seller's permit holders shall conform to the following minimum standards and conditions: (1) Temporary fireworks stands need not comply with all provisions of the building code; provided, however, that all such stands be erected under the supervision of the building inspector, who shall require all stands to be constructed in a safe manner ensuring the safety of attendants and patrons. In the event any temporary stand is wired for electricity, the wiring shall conform to the electrical code. (2) No temporary fireworks stand shall be located within fifty feet of any other building or structure, nor within two hundred fifty feet of any gasoline station, oil storage tank or premises where flammable liquids or gases are kept or stored. (3) Each temporary fireworks stand must have at least two exits which shall be unobstructed at all times. (4) Each temporary fireworks stand shall have, in a readily accessible place, at least two (2) two and one-half gallon pressurized water fire extinguishers which are in good working order. (5) All weeds, grass and combustible material shall be cleared from the location of the temporary fireworks stand and the surrounding area to a distance of not less than twenty-five feet, measured from the exterior walls of the temporary fireworks stand. (6) No smoking shall be permitted in or near a temporary fireworks stand for a distance of not less than fifty feet measured from the exterior walls of the temporary fireworks stand. (7) Each temporary fireworks stand shall have a person who is eighteen years or older in attendance at all times the stand is stocked. Stock from the stand shall not be removed and stored in any other building during the sales period without the express approval of the fire marshal. (8) All unsold stock and accompanying litter shall be removed from the temporary fireworks stand by twelve noon on the sixth day of July of each year. DAS00322O -6- (9) No temporary fireworks stand shall be located within seven hundred fifty feet from any other temporary fireworks stand. (10) Each temporary fireworks stand shall have provisions for sufficient off-street parking, at least fifteen spaces, to avoid impeding a continuous flow of traffic at entrances and exits from the premises. (11) No person shall discharge any fireworks within two hundred fifty feet of the exterior walk of the temporary fireworks stand and signs stating: No discharge of fireworks within 250 feet. shall be posted on the exterior of all walls of the temporary fireworks stand. 5.26.120 STANDARDS FOR PUBLIC FIREWORKS DISPLAYS. All public fireworks displays shall conform to the following minimum standards and conditions: (1) All public fireworks displays must be planned, organized and discharged by a State -licensed Pyrotechnician. (2) A permit must be obtained from the city and approved by the fire marshal or designee prior to any display of public fireworks. The permit shall include the name of the applicant and his address, the name of the Pyrotechnician and his address; the exact location, date and time of the proposed display; the number, type and class of fireworks to be displayed, the manner in which the fireworks are being stored prior to the public fireworks display; and shall include the name and address of the insurance company providing the bond required. (3) A drawing shall be submitted to the Fire Marshal showing a plan view of the fireworks discharge site and the surrounding area within a five -hundred - foot radius. The drawing shall include all structures, fences, barricades, streets, fields, streams and any other significant factors that may be subjected to ignition or that may inhibit firefighting capabilities. (4) When, in the discretion of the Fire Chief, such requirement is necessary to preserve the public health, safety and welfare, the permit may require that a city fire department pumper and a minimum of two trained city firefighters shall be on site thirty DAS00322O -7- minutes prior to and after the shooting of the event. Firefighters shall receive a minimum compensation as per the Washington State Chiefs Association's fee schedule. All compensation for fire department apparatus will be as per the Washington State Chiefs Association's fee schedule and shall be designated to the Edmonds Fire Department Fund. (5) All combustible debris and trash shall be removed from the area of discharge for a distance of three hundred feet in all directions. (6) All unfired or "Dud" fireworks shall be disposed of in a safe manner. (7) A minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket shall be required to be at the fireworks discharge site. (8) The permit may be immediately revoked at any time deemed necessary by the Fire Marshal or designee due to any noncompliance, weather conditions such as extremely low humidity or wind factor. The display may also be cancelled by accidental ignition of any form of combustible or flammable material in the vicinity due to falling debris from the display. (9) Areas of public access shall be determined by the Fire Marshal or designee and maintained in an approved manner. 5.26.130 USE OF FIREWORKS IN PUBLIC PARKS AND ON PUBLIC LAND. It shall be unlawful for any person to discharge 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, DAS00322O -8- the Director shall consider: 1. The sensitivity of the area's environment, 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 form the use of the fireworks. Upon designation of any area, it shall be signed and posted for use on July 4th of each year between the hours of 9:00 a.m. and 11:00 p.m. 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. [Ord. 2438, 1984.] 5.26.140 SPECIAL EFFECTS FOR ENTERTAINMENT MEDIA. This chapter does not prohibit the assembling, compounding, 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 permit issued by the City of Edmonds to purchase, possess, transport or use such fireworks. 5.26.150 NONPROHIBITED ACTS - SIGNAL PURPOSES, FOREST PROTECTION. This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities. 5.26.130 APPLICABILITY. The provisions of this chapter shall be applicable to the sales and use of all fireworks except "toy caps." DAS003220 -9- 5.26.140 CHAPTER IN CONNECTION WITH STATE LAW. This chapter is intended to implement RCW Chapter 70.77, and shall be construed in connection with that law and any and all rules or regulations issued pursuant thereto. 5.26.150 ENFORCEMENT. The fire chief, or designee, 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 with the orders and directives of the fire chief or designee, and/or to comply with any provisions of this chapter or the requirements of the community development code relating to temporary structures. 5.26.160 PENALTY FOR VIOLATIONS. Any person violating or failing to comply with the any provision of this chapter other than section 5.26.220 is guilty of a criminal violation, and upon conviction thereof, shall be punished as provided in section 5.50.020(1). Violation of Section 5.26.220 shall be punishable as provided in Section 5.50.020(2). 5.26.220 RECKLESS DISCHARGE OR USE PROHIBITED. It is unlawful for any person to discharge or use fireworks 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. Section 2. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitu- tional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitu- tionality of any other section, sentence, clause or phrase of this ordinance. Section 3. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not DAS00322O -10- subject to referendum, and shall take effect five (5) days after passage and publication of the ordinance or a summary thereof consisting of the title. APPROVED: ATTEST/AUTHENTICATED: C Y 8LERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WITH THE CITY CLERK: January 19, 1989 PASSED BY THE CITY COUNCIL: March 21, 1989 PUBLISHED: April 2, 1989 EFFECTIVE DATE: April 7, 1989 ORDINANCE NO. 2706 DAS00322O -11- STATE OF WASHINGTON, COUNTY OF SNOHOMISH, 199 n yhh of E'j!m No. Y7i IANCE Nu- ciw the City or h nds W Oy n1, �pAa'o i 21sf Ky C,onc Ordinanccee t igg pSsed ossEd 1[ Slln'ilriarY Of ce, nl the Hfic, gl�adides wi 4 betmol ed uponlre est.nce DATED th15 21s� day of March, 1989. City CUELINE G. PARRETT Pubilshld: April 2, 1989. Affidavit of- Publication 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 ........................................ Ordinance No. 2706 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: .... -APri.1... 2-r..-1.989...--- and that said newspaper was regularly distributed to its subscribers during all of said period. Principal Clerk Subscribed and sworn to before me this...... ZFPd............. day ❑f-- - ...... .. .................................. 19...-.89 Apr�.i r.. . .rf............................. 1N tary Public irl and for the State of Washington, riding at Everett, Snohomish County. B-2-1