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Home My WebLink About4973 ORDINANCE NO. ~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9.48 of the Bremerton Municipal Code relating to fireworks. WHEREAS, the City Council, in the interests of public safety, desires to update the provisions of Chapter 9.48 in order to clarify when and how fireworks may be sold, and the times for discharge of fireworks in Bremerton; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.48 of the Bremerton Municipal Code entitled "Fireworks" is hereby amended to read as follows: Chapter 9.48 FIREWORKS 9.48.010 PERMIT - REQUIRED - FEE. It is unlawful for any person, firm, or corporation to engage in the retail sale of, or to sell any fireworks 'Nithin the City without first having obtained a permit for the year of such sale. Application for all local fireworks permits required by the State Fireworks law, Chapter 70.77 RCW shall be made to the fire marshall. The fees for such permits shall be as set forth in BMC 3.01. 9.48.020 PERMIT - CONDITIONS FOR ISSUANCE. 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 Fire Marshal authorizing the holder thereof to engage in the retail sale of safe and sane fireworks only. (b) The applicant shall have and keep in full force and effect a policy of insurance approved by the City~ Attorney Risk Manager saving the City harmless for any acts or failures of the permittee, in accordance with RCW 70.77.the folloviing amounts: (1) One hundred thousand dollars or more for injury to anyone person in one accident or occurrence; (2) Three hundred thousand dollars for injury to more than one person for anyone accident or occurrence. (3) Fifty thousand dollars for injury to or loss of property in anyone accident or occurrence. (c) The location of a proposed place of business shall comply with the zoning ordinances of the City. (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 Fireworks ( 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 ofthe 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 display 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 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. 9048.030 STANDS - CONFORMANCE TO REGULATIONS REQUIRED. (a) Only "common fireworks" authorized by WAC 212.17, except toy caps, shall be sold only from temporary stands which conform to the written rules and regulations of the fire chief of the City. (b) Each fireworks stand shall have an adult (18 years of age or older) in attendance at all times. No person under the age of 16 years old shall be allowed inside the stand. (c) A sign stating "NO SALE OF FIREWORKS TO ANY PERSON UNDER THE AGE OF 16 YEARS OLD, PHOTO ID REQUIRED". (d) All permittees shall conform to the minimum standards and conditions set forth in the Rules and Regulations for Retail Fireworks Stands by the Fire Chief. 9.'18.(,)40 PERlVlIT LI1VIIT.\TION ON NUMBER NONTR\NSFER\BLE. Each permittee is entitled to not more than one retail outlet, and such permits are nontransferab I e. 9.48.0MO HOURS AND DAYS OF SALE AND DISCHARGE. (a) No person shall use or explode any fireworks within the City except from 11 :00 a.m. to 11 :00 p.m. on July 4th of any year or as part of a public display authorized pursuant to the laws ofthe State of Washington. It shall not be legal to use or discharge fireworks at any other time, specifically including, without limitation, from 6:00 p.m. on December 31 st of any year until 1 :00 a.m. on January 1 st ofthe subsequent year. Only "common fireworks" authorized by WAC 212.17 are to be discharged during that the authorized time period. (b) Sales of fireworks shall be prohibited except from twelve 0' clock noon to 11 :00 ~on June 28th; and from 9:00 a.m. to 11 :00 p.m. on each day from June 29th through July 4th to 11 :00 p.m. July 1th, in any calendar year. Nothing in this provision shall make it illegal to have public displays of fireworks when approved by the Bremerton Fire Department in accordance with the Bremerton Municipal Code. _(c) It is unla';'.'ful for any person to dischGrge or use fire\vorks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to property of another. (El.Q) The possession of any class or kind of fireworks in violation of the provisions of this Chapter is prohibited. 2 Fireworks 9.48.0b~0 STATE STATUTE APPLICABILITY. This chapter is intended to implement RCW 70.77, and shall be construed in connection with said laws and all rules and regulations issued pursuant thereto. 9.48.060 RECKLESS DISCHARGE OR USE OF FIREWORKS. 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 iniury to another person or damage to the property of another. 9.48.070 PENALTY FOR VIOLATION. Any person failing to comply with the provisions of this chapter, or rules or regulations of the Fire Chief of the City, shall be guilty of a misdemeanor punishable by a fine not to exceed One Thousand Dollars ($1,000.00) or by imprisonment not to exceed ninety (90) days or both. Except that any person violating the provisions ofBMC 9.48.060 shall be guilty of a gross misdemeanor and shall be punished by imprisonment not to exceed one (1 ) year and a fine not to exceed Five Thousand Dollars ($5,000). A person is guilty of a separate offense for each day during which he or she commits or continues to permit a violation of the provisions of this chapter. 9.48.080 ENFORCING OFFICER DESIGNATED. The Fire Chief of the City or his duly authorized representative is designated as the enforcing officer of this chapter. 9.48.090 PERMIT REVOCATION OR SUSPENSION - AUTHORITY. The Fire Chief may at any time suspend or revoke any permit issued under this provision of this Chapter, if the permittee has: (a) Violated any of the provisions of this Chapter, or any of his servants, agents or employees have done so; (b) Made any false statement or misrepresentation of fact in connection with obtaining the permit; (c) Failed to obtain or has had any license required by the State of Washington to engage in any act prohibited by RCW Chapter 70.77, or this Chapter, to be done without a license, suspended or revoked; (d) Has had any insurance coverage required by this Chapter cancelled, revoked, or lapsed. SECTION 2. Effective Date of Amendments. Pursuant to RCW 70.77 the provisions of Subsection 9.48.040 of Section 1 of this ordinance shall take effect and be in force one year from the effective date of this ordinance. SECTION 3. Severabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 3 Fireworks SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the 7..I:AJ ,2006 CECIL McC NNELL, Council President Approved this JJ/:J;L; day of CARY BOZEMAN, Mayor APPROVED AS TO FORM: PUBLISHED the /U:A....J day of EFFECTIVE the ~ day of ORDINANCE NO. 497.3 ~ ,2006 ,2006 R: \Legal\Legal\Ordinances\Fire\Fireworks Ordinance.doc 4 Fireworks .... . AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 48045 ST ATE OF WASHINGTON COUNTY OF KITSAP I, Sarah Weller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was June 12,2006, and that such newspaper was regularly distributed to its subscribers during all of $26.45 which amount has not been paid in full. ~{~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of July 27, 2006. l::t1mv -~~::::~'~-,...,....~ " .- -............ ,.~ OFFICIAL SEAL DAWN BLATT Notary Public in and for the State of Washington, Kitsap County. NOTARY PUBLIC - STATE OF WASHINGTON My Commission Expires July 30, 2006 ORDINANCE NO. 4973 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9.48 of the Bremerton Municipal Code relating to fireworks. PASSED by the City Council the 7th day of June, 2006. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. June 12, 2006...........................AD #20006715