HomeMy WebLinkAbout2031•
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
7.
ORDINANCE NO. c; 23 %
AN ORDINANCE of the City of Port Angeles
relating to and regulating the sale and
use of "safe and sane" fireworks, and
repealing Section 10 of Ordinance No. 393.
. 7?
Section 1. Purpose. It is the purpose of this ordin-
ance to regulate the possession, sale and discharge of safe and
sane fireworks within the City of Port Angeles, in accordance
with the provisions of Chapter 70.77 RCW as now enacted or here-
after amended.
Section 2. Definitions. The following definitions, in
addition to those definitions found in RCW 70.77.125 through .245,
shall be applicable to the provisions of this ordinance:
"Dangerous Fireworks" - every fireworks article so
designated by RCW 70.77.130 or the state fire marshal, pursuant
to the authority granted him by RCW 70.77.130 (14).
Section 3. Dangerous Fireworks Prohibited. It is unlaw-
ful for any person, firm or corporation to sell at retail, possess,
use or explode any dangerous fireworks within the City of Port
Angeles; provided, that nothing herein shall be deemed to prohibit
the use of any explosive or flamable compound, blasting caps and
similar items used for industrial purposes only. The sale, use,
or possession of any firework which is not marked with the manu-
facturer's license number and the state fire marshal's classifi-
cation shall constitute prima facie evidence of a violation of
this section.
Section 4. Sale of Safe and Sane Fireworks - License
Required. It is unlawful for any person, firm, or corporation
to engage in the retail sale of safe and sane fireworks within the
City of Port Angeles, without first having obtained a written
permit to do so, which is designated a "fireworks license."
Section 5. Fireworks License - Application Requirements.
Application for a license to engage in retail sales of fireworks
•
•
1 within the City limits shall be made to the City Clerk, and
2 submitted at least seven (7) days prior to the requested effective
3 date of the license. No license application may be submitted
4 prior to January 1 of the year for which the license is requested.
5 In addition to all other information required by the City Clerk,
6 the application must be accompanied by:
7 1. A valid license issued by the state fire marshal,
8 pursuant to Chapter 70.77 RCW, authorizing the permittee to
9 engage in the retail sale of safe and sane fireworks;
10 2. A fee of Ten ($10) Dollars, which is hereby estab-
11 lished as the fireworks license fee;
12 3. A public liability and property damage insurance
13 policy from an insurance company licensed to do business in this
14 state, in the sum of at least $300,000 for bodily injury or death
15 suffered by one or more persons in any accident or occurrence,
16 and at least $100,000 for property damage. The insurance
17 policies must name the City of Port Angeles as an additional
18 insured, to indemnify the City from damage or injury caused by
19 the operation of retail fireworks stands;
20 4 (A). A performance bond, note or cash deposit in an
21 amount not less than One Hundred ($100) Dollars, conditioned upon
22 the prompt removal and cleanup of all debris, material, etc.,
23 from the site from which fireworks are sold, which bond or deposit
24
25
26
27
28
29
30
31
32
shall be returned to the applicant by the City if his application
for a fireworks permit is denied.
(B). In the event the application is granted, the
bond or deposit shall be returned to the applicant only if he
removes the stand from which the fireworks are sold and cleans up
all debris to the satisfaction of the proper official of the City.
In the event of the applicant's failure so to do, the performance
bond or cash deposit shall be forfeited to the City. The
-2-
1
2
3
• 4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
• 25
26
27
28
29
30
31
32
performance bond or cash deposit shall also be forfeited to the
City if the requirements of this subsection are not complied with .
by the 10th day of July of each year.
Section 6. Denial of License Application.
(A). The Clerk may deny the application for a fireworks
license, if the applicant is not in compliance with all ordinances
of the City of Port Angeles and laws of the State of Washington,
as now existing or hereafter amended. The Clerk shall, upon
denial, inform the applicant of the reasons for denial, shall cite
the ordinance or law in regard to which the application is in
violation, and shall refund the tendered license fee.
(B). Any applicant denied a license by the City Clerk
shall have a right of appeal to the City Council. The applicant
shall, within ten (10) days of the receipt of notice of denial,
give notice to the City Clerk, in writing, of the applicant's
intent to appeal the Clerk's decision to the City Council. The
Clerk shall place the applicant's appeal on the agenda of the
next regularly scheduled City Council meeting, and forthwith
inform the applicant, in writing, of the date,-time and location of
the meeting.
(C). The City Council shall hold a public hearing, upon
the applicant's appeal of denial, at which the applicant may
present testimony as to compliance with the state law or city
ordinance which he has allegedly violated.
(D). After the close of the public hearing, the City
Council shall either grant the license or sustain the denial.
The City Council shall make findings of fact, which shall be
incorporated in its minutes, as to the basis for its decision.
Section 7. Sale License - Nontransferable. Any fire-
works permit issued for the retail sale of safe and sane fire-
works within the city limits shall be nontransferable, and no
-3-
1
2
3
• 4
5
6
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
• 25
26
27
28
29
30
31
32
person other than the licensee shall operate the stand for which
the license is issued, or share or otherwise participate in the
benefits of the operation of such stand.
Section 8. Number of Licenses Limited. No person, firm
or corporation shall receive more than one license for the sale of
fireworks during any one calendar year. A license granted pur-
suant to this ordinance shall entitle the licensee to maintain
one retail outlet for the sale of safe and sane fireworks within
the City of Port Angeles.
Section 9. Dates When Sale Permitted, The sale of safe
and sane fireworks shall only be permitted in accordance with the
requirements of RCW 70.77.395 as now enacted or hereafter amended.
Section 10. Dates When Use Permitted. No person, firm
or corporation shall use or explode any fireworks within the City
of Port Angeles except from 12:00 noon on the 28th day of June to
12:00 noon on the 6th day of July of any year; provided, that this
prohibition shall not apply to duly authorized public displays,
where the same are authorized pursuant to the laws of the State
of Washington.
Section 11. Temporary Stand - Location - Construction.
The sale of fireworks as authorized herein shall be from temporary
fireworks stands only, which shall be constructed and operated in
accordance with the following regulations:
(A). Temporary stands shall be located only in the CAD,
CAD -R and CBD zones as set forth in Ordinance No. 1709 as now
existing or hereafter amended and as shown on the Official Zoning
Map of the City of Port Angeles.
(B). Temporary fireworks stands need not comply with all
of the provisions of the building code; provided, however, all
such temporary fireworks stands shall be erected under the super-
vision of the fire chief and the building official of the City of
-4-
1
2
4
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Port Angeles, or their duly authorized representatives, who shall
require all temporary fireworks stands to be constructed in a
safe manner. In the event any temporary fireworks stand is wired
for electricity, such wiring shall conform to the state electrical
code and the electrical code of the City, and shall be limited to
the provisions of adequate lighting only. No part of a temporary
fireworks stand shall be less than 20 feet from an adjoining building.
Section 12. Penalty. Any person, firm, association,
corporation, or other group violating any of the provisions of
this ordinance is guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine of not more than Two Hundred
Fifty ($250) Dollars; and such person, firm, corporation or other
group is guilty of a separate offense for each day during which
the offense is committed.
Section 13. Repealer. Section 10 of Ordinance No. 393
is hereby repealed.
Section 14. Severability. Should any provisions of
this ordinance be held invalid or unconstitutional, all other
provisions of this ordinance shall remain in full force and
effect.
Section 15. Effective Date - Emergency. This ordinance
is necessary for the protection of the public health, safety and
welfare and maintenance of the public peace, and shall take
effect immediately upon adoption.
PASSED by the City Council of the City of Port Angeles a
a regular meeting of the Council held on the /9 day
of
, 1979.
APPROVED AS TO-FORM: