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HomeMy WebLinkAbout3370 ORDINANCE NO. -~370 I~_~,. ~,--$. J~~~ AN ORDINANCE regulating the sale of safe and sa~ %% fireworks; providing for permits; prescribing penal0 ties; and repealing Ordinance Nos. 2631 and 2776 §1; THE CITY OF BREMERTON DOES ORDAIN: SECTION 1. It shall be unlawful for any person, firm, or corporation to engage in the retail sale of, or to sell any fire- works within the City of Bremerton without first having obtained a permit for the year of such sale, the fee for which shall be $10.00 per year, payable in advance after the first day of February of the year of sale. SECTION 2. A permit for the sale of fireworks shall be issued only upon the following terms and conditions: (a) The applicant shall have a valid and subsisting license issued by the State of Washington Fire Marshal authorizing the holder thereof to engage in the retail sale of safe and sane fire- works only~ (b) The applicant shall have and keep in full force and effect a policy of insurance approved by the City Attorney saving the City harmless for any acts or failures of the permittee, in the following amounts: 1. One Hundred Thousand Dollars ($100,000.00) or more for injury to any one person in one accident or occurrence; 2. Three Hundred Thousand Dollars ($300,000.00) for injury to more than one person for any one accident or occurrence; 3. Fifty Thousand Dollars ($50,000.00) for injury to or loss of property in any one accident or occurrence. (c) The location of a preposed place of business shall comply with the zoning ordinances of the City of Bremerton. (d) The applicant shall provide a land lease agreement for the location of the proposed place of business signed by the land owner or his authorized representative. -1- (e) The applicant shall provide a scale drawing of the location of the proposed place of business showing the relationship of the fireworks stand to streets and other buildings. (f) The applicant shall submit the name, address, and phone number of the person or persons responsible for the fireworks stand. (g) The applicant shall submit the address of all storage locations for stock that is kept on reserve and not on dis- play for sale. (h) No permit applications shall be processed or accepted after the first day of June of the year of sale. (i) The applicant shall post a Fifty Dollar ($50.00) cash bond conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site. If the permittee removes such temporary stand and cleans up all of the debris before the tenth day of July of the permit year, he shall be entitled to the return of the fifty dollars. SECTION 3. All safe and sane fireworks, except toy caps and sparklers, shall be sold only from temporary stands which conform to the written rules and regulations of the Fire Chief of Bremerton. SECTION 4. Each permittee is entitled to not more than one retail outlet, and such permits are non-transferrable. SECTION 5. No person shall use or explode any fireworks within the City of Bremerton except from noon June 28 to noon July 5 of any year excepting a public display authorized pursuant to the laws of the State of Washington. SECTION 6. This Ordinance is intended to implement RCW 70.77, and shall be construed in connection with said law and all rules and regulations issued pursuant thereto. SECTION 7. Any person failing to comply with RCW 70.77, or the provisions of this Ordinance, or any Rules or Regulations of the --2-- State Fire Marshal or of the ~e,,chief of the City of Bremerton, shall be fined not exceedin~'T~h~ee ~ndred Dollars, or be imprisoned in the city jail for a period~.~t exceeding ninety days, or both such fine and imprisonment in the discretion of the court. SECTION 8. The~ Fire Chief of the City of Bremerton, or his duly authorized representative is hereby~designated as the enforcing officer of this Ordinance and he shall have theauthority to revoke any permit whenever a permittee has Violated any section of this Ordinance. SECTION 9. Ordinance Nos. 2631 and 2776 ~1 are hereby repealed. APPROVED by the Cit~ COuncil on the first reading this day of , 1977. ~ PASSED by the City Counci~ of the City of Bremerton, signed by the Mayor and attested by ~e City Clerk in authentication of such passage this ~ ~a7 Of J~ ~ , 1977. ATTEST: G. C. YEADO~N, SR., City Clerk