HomeMy WebLinkAbout2221ORDINANCE NO. .20240/
AN ORDINANCE of the City of Port Angeles
relating to and regulating the sale of
fireworks within the City of Port Angeles,
amending Sections 4, 5, 6 and 7 of
Chapter 8 of Ordinance 2050, Section 1 of
Ordinance 2136, and Sections 5.32.040,
5.32.050, 5.32.060 and 5.32.070 of the Port
Angeles Municipal Code, and repealing Sec-
tions 2 and 3 of Chapter 8 of Ordinance 2050,
and Sections 5.32.020 and 5.32.030 of the
Port Angeles Municipal Code.
BE IT ORDAINED by the City Council of the City of Port
Angeles as follows:
Section 1. Section 4 of Chapter 8 of Ordinance No.
2050 and Section 5.32.040 of the Port Angeles Municipal Code are
each amended to read as follows:
5.32.040 Sale of Fireworks - Permit - Required. It is
unlawful for any person, firm or corporation to engage in
the retail sale of fireworks within the City of Port Angeles
without first having obtained a permit for such purpose from
the City of Port Angeles.
Section 2. Section 5 of Chapter 8 of Ordinance 2050
and Section 5.32.050 of the Port Angeles Municipal Code are each
amended to read as follows:
5.32.050 Permit - Application requirements and
required information. An application for a permit to engage
in retail sales of fireworks within the city limits shall be
made to the city clerk, and submitted at least ten days
prior to the requested effective date of the permit. No
permit application may be submitted prior to January 1st of
the year for which the permit is requested. In addition to
all information required of an applicant for a business
license, the application for a fireworks permit must be
accompanied by:
A. A valid license issued by the State Fire Marshal
pursuant to Ch. 70.77 RCW, authorizing the permittee to
engage in the retail sale of fireworks;
B. A fee of ten dollars, which is established as the
fee for a permit issued solely for the purpose of allowing
the retail sale of fireworks;
C. A public liability and property damage insurance
policy from an insurance company licensed to do business in
this state, in the sum of at least three hundred thousand
dollars for bodily injury or death suffered by one or more
persons in any accident or occurrence, and at least one
hundred thousand dollars for property damage. The insurance
policies must name the city as an additional insured, to
indemnify the city from damage or injury caused by the
operation of retail fireworks stands;
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D. A performance bond, note or cash deposit in an
amount not less than one hundred dollars, conditioned upon
the prompt removal and cleanup of all debris, material,
etc., from the site from which fireworks are sold, which
bond or deposit shall be returned to the applicant by the
city if the application for a fireworks permit is denied.
E. In the event the permit is issued, the bond
or deposit shall be returned to the applicant only if the
stand from which the fireworks are sold is removed and the
site cleared of all debris to the satisfaction of the proper
official of the city. In the event of the applicant's
failure to do so, the performance bond or cash deposit shall
be forfeited to the city. The performance bond or cash
deposit shall also be forfeited to the city if the
requirements of this subsection are not complied with by
July 10th of each year.
Section 3. Section 6 of Chapter 8 of Ordinance 2050,
Section 1 of Ordinance 2136 and Section 5.32.060 of the Port
Angeles Municipal Code are each amended to read as follows:
5.32.060 Permit - Number Limited. No person, firm, or
corporation shall receive more than one permit for the sale
of common fireworks within the City of Port Angeles during
any one calendar year. A permit granted pursuant to this
title shall entitle the permittee to maintain two retail
outlets for the sale of common fireworks within the city.
Section 4. Section 7 of Chapter 8 of Ordinance 2050
and Section 5.32.070 of the Port Angeles Municipal Code are each
amended to read as follows:
5.32.070 Sale of Fireworks - Requirements. The sale
of fireworks shall only be permitted in accordance with the
requirements of Chapter 70.77 RCW, as now enacted or
hereafter amended.
Section 5. Sections 2 and 3 of Chapter 8 of Ordinance
2050 and Sections 5.32.020 and 5.32.030 of the Port Angeles
Municipal Code are each repealed.
Secttion 6. This Ordinance is necessary for the
preservation of the public health, safety and welfare, and to
meet a public emergency, and shall take effect upon enactment.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the /5- day of
;tizai
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ATTEST:
, 1982.
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Marian C. Parrish, City Clerk
APPROVED AS TO FORM:
Crai• Miller, City Attorney
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MEMORANDUM
June 11, 1982
TO: City Council
FROM: City Attorney
RE: Amendment to Fireworks Ordinance
The attached Ordinance makes changes in the City's Fireworks
Ordinance, to bring it into compliance with the Legislature's
recent change to the State fireworks law, by Chapter 230 of the
Laws of 1982.
The basic changes made by the Legislature, which the proposed
Ordinance would follow are:
1.) Removal of the "safe and sane" terminology from the law;
2.) The allowance of certain previously prohibited fireworks
devices, including firecrackers of up to 50 mg in size;
3.) The designation of the local permission as a "permit"
rather than a "license "; and
4.) The requirement that the application for a local permit be
filed at least ten days prior to the proposed date of sale,
rather than the seven days previously established.
The Ordinance carries an emergency clause, so that it will be
effective prior to the beginning of the sale of fireworks for
this coming Fourth of July Holiday.
As this Ordinance is designed to bring the City's practice into
conformance with that mandated by the State, no changes in
previously existing law which have not already been made by the
State Legislature are involved, and its adoption is, therefore,
recommended.
Craig L. Mil
City Attorn