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Home My WebLink About3530 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington repealing Chapter 5.32 of Title 5 and adding a new Chapter 9.20 to Title 9 of the Port Angeles Municipal Code regarding the use of fireworks in City limits. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Effective one year after the "Effective Date" established in Section 5 below, Chapter 5.32 of Title 5 of the Port Angeles Municipal Code, as adopted by Ordinance 2050, on January 1, 1980, and as subsequently amended, is hereby repealed in its entirety. Section 2. Effective one year after the "Effective Date" established in Section 5 below, a new Chapter 9.20 is added to Title 9 of PAMC to read as follows: Sections: 9.20.010 Definitions 9.20.020 Sales, possession and discharge of fireworks 9.20.030 Fireworks permits 9.20.010 Fireworks—Definitions A. "Consumer Fireworks" means any consumer firework as defined by RCW 70.77.136 as may be amended. B. "Display Fireworks" means display fireworks as defined by RCW 70.77.131 as may be amended. C. "Small Firework Devices" trick and novelty devices as defined by WAC 212-17- 030 as may be amended. D. "Sky Lantern" means an airborne lantern typically made of paper with a wood frame containing a candle or fuel cell composed of waxy flammable material or other open flame which serves as a heat source to heat the air inside the lantern to cause it to lift into the air. "Sky candles," "fire balloons," and "airborne paper lanterns" mean the same as sky lanterns. For purposes of this ordinance, Sky Lanterns are Fireworks. � 1 E. "Fireworks" means any composition or device the sole purpose of which is to produce a visible or audible effect by combustion, deflagration, or detonation. "Fireworks" is intended to broadly include all materials and devices commonly recognized as fireworks. It includes, but is not limited to, the devices defined in paragraphs A through D above. 9.20.020 Sales, possession and discharge of fireworks A. Small Firework Devices may be sold and used at all times. B. Consumer Fireworks shall not be sold or discharged in the City. Any person, firm, or corporation selling or discharging Consumer Fireworks in the City at any time shall commit a civil infraction. The penalty shall be a fine of$500. C. Public displays of fireworks in the City are permitted on the conditions that 1) the person or entity handling or supervising the public display obtain a permit issued in accordance with section 9.20.030 below, and 2) the public display and the handling and supervision of the public display are done in accordance with all the applicable terms and provisions of Chapter 70.77 of the Revised Code of Washington as may be amended. D. Except as provided in paragraphs A and C above, the transfer, sale, possession, use, and discharge of Fireworks is prohibited. Any person who violates the prohibition contained in this paragraph shall commit a civil infraction. The penalty shall be a fine of $500. E . Any person who shall discharge or otherwise use any 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 shall be guilty of a Class I misdemeanor. F. Any person who knowingly possesses, sells, transfers or agrees to sell or transfer within the City any Display Fireworks to any person who is not a fireworks licensee as provided for in Chapter 70.77 of the Revised Code of Washington shall be guilty of a Class I misdemeanor. 9.20.030 Display fireworks permits Any person, firm or corporation intending to sell, possess, or discharge Display Fireworks within the city, shall be required as a condition of such sale, possession or discharge, to secure from the City Clerk a permit for such activities. The City Clerk is directed to issue such permits only if the application is approved by the City Fire 2 Marshal, and the applicant is in compliance with the terms of this chapter and with Chapter 70.77 of the Revised Code of Washington upon application and payment of the permit fee of$500. Section 3 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4 -Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 5 -Effective Date. This Ordinance is subject to referendum. Unless a referendum petition is filed, this ordinance shall be in effect thirty (30) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 3rd day of March,2015. X Dan Di Guilio,Mayor APP OVED AS TO,FORP4. 7 William E.Bloor,City Attorney ATTEST: Cl�l Q( avoz'(w ennifer eneklasen,City Clerk PUBLISHED:_1_l._tL�C4�1,_,2015 By Summary 3 Summary of Ordinance Adopted by the Port Angeles City Council On March 3, 2015 Ordinance No. 3530 THIS ORDINANCE of the City of Port Angeles, Washington, repeals Chapter 5.32 of Title 5 and adding a new Chapter 9.20 to Title 9 of the Port Angeles Municipal Code regarding the use of fireworks in City limits. This Ordinance is subject to referendum. Unless a referendum petition is filed, this ordinance shall take effect 30 days after passage and publication of seminary. The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's website at www.cityofpa.us, or will be mailed upon request. Office hours are Monday through Friday 8:00 a.m. to 5:00 p.m. Jennifer Veneklasen City Clerk Publish: March 13, 2015