HomeMy WebLinkAbout5284 ORDINANCE NO. 5284
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 9.48 of the Bremerton
Municipal Code entitled"Fireworks."
WHEREAS,the current provisions of Chapter 9.48 of the Bremerton Municipal
Code relating to fireworks does not a11ow the City to prohibit the discharge of fireworks during
periods of extreme fire danger; and
WHEREAS, the City Council desires to update the provisions of Chapter 9.48 of
the Bremerton Municipal Code in order to provide the Fire Chief with the authority to prohibit
the discharge of fireworks during periods of extreme fire danger;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:
9.48.010 PERMIT- REQUIRED-FEE.
Application for all local fireworks pernuts including applications for a permit to conduct
a public display of fireworks required by the State fireworks law, Chapter 70.77 RCW, shall be
made to the Fire Marshal. The fees for such permits shall be as set forth in Chapter 3.01 BMC.
9.48.020 PERMIT - CONDiTIONS FOR ISSUANCE.
The Fire Chief or his or her designee is responsible for review of any application for a
permit for the sale of fireworks or for a public display of fireworks. If the application meets the
requirements of State law and this chapter,the Fire Chief or his or her designee is authorized to
grant the application and issue a permit. '
(a) Sale of Fireworks. A permit for the sale of fireworks shall be issued only
upon the following terms and conditions:
(1) 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.
(2) The applicant shall have and keep in full force and effect a policy
of insurance approved by the City's Risk Manager saving the City harmless for any acts or
failures of the permittee, in accordance with Chapter 70.77 RCW.
(3) T'he location of a proposed place of business shali comply with the
zoning ordinances of the City.
(4) 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.
(5) 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.
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Chapter 9 48 BMC-Fireworks
(6) The applicant shall submit the name, address and phone number of
the person or persons responsible for the fireworks stand.
(7) The applicant shall submit the address of all storage locations for
stock that is kept on reserve and not on display for sale.
(8) No permit applications shall be processed before the first day of
May or accepted after the first day of June of the year of sale.
(9) The applicant shalt post a fifty dollar($50.00)cash bond
conditioned upon the prompt removal of the temporary stand and the cleaning up of a11 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 ($50.00).
(b) Public Display of Fireworks. A permit for a public display of fireworks
shall be issued only upon the terms and conditions as set forth Chapter 70.77 RCW.
(1) It shall be unlawful for any person to hold, conduct or engage in a
public display of fireworks within the City without having obtained a valid permit issued
pursuant to the provisions of this chapter.
�2Z Permit applications for the Public Display shall be submitted in full
a minimum of 30 days prior to the scheduled displav.
9.48.030 STANDS -CONFORMANCE TO REGULATIONS REQUIRED.
(a) Only "common fireworks" authorized by Chapter 212-17 WAC, 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.No device,product or effect similar to Chinese Lanterns containing an
open flame, shall be sold, discharged or released at anv time.
(b) Each fireworks stand shall have an adult(eighteen(18) years of age or older) in
attendance at all times. No person under the age of sixteen(16) years old shall be allowed inside
the stand.
(c) A sign stating "NO SALE OF FIREWORKS TO ANY PERSON LTNDER 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.
9.48.040 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 of the State of Washington and this chapter. It shall not be legal to use or discharge
fireworks at any other time, specifically including, without limita.tion, from 6:00 p.m. on
December 31 st of any year until 1:00 a.m. on January l st of the subsequent year. Only "common
fireworks" authorized by Chapter 212-17 WAC are to be discharged during the authorized time
period.
(b) Sales of fireworks shall be prohibited except from 12:00 noon to 11:00 p.m. on
June 28th; and from 9:00 a.m. to 11:00 p.m. on each day from June 29th through July 4th 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.
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Chapter 9.48 BMC-Fireworks
(c) The possession of any class or kind of fireworks in violation of the provisions of
this chapter is prohibited.
9.48.050 STATE STATUTE APPLICABILITY.
This chapter is intended to implement Chapter 70.77 RCW, 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 dischazge or use 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.
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9.48.070 PROHIBITION DUE TO EXTREME FIRE DANGER
Durin�periods of extreme fire dan�er,the Fire Chief mav prohibit the dischaz e� of all
fireworks. For the purpose of this section, "extreme fire danger"means a period of hot, drv
weather accompanied by low fuel moistures. It is durin�his period that wildland fires can be
expected and fire growth will be accelerated.
9.48.080 ENFORCEMENT.
. The Police Chief, or designee, and the Fire Chief, or desi�e,
are authorized to enforce all provisions of this chapter except those provisions where
enforcement authority is explicitiv provided to the Fire Chief.
9.48.090 PERMIT REVOCATION OR SUSPENSION -AUTHORITY.
The Fire Chief or his or her designee may at any time suspend or revoke any permit
issued under the provisions 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 Chapter 70.77 RCW, 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.
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Chapter 9.48 BMC-Fireworks
9.48.100 PENALTY FOR VIOLATIONS.
�a) Violation. It shall be unlawful for any person to sell, use,iransfer, dischar�e,
ignite or otherwise cause to explode common fireworks, or to commit any other violation of the
provisions of this chapter.
(b) Civil Infraction. Except for subsection(d) of this section, anv violation of
subsection(a)of this section shall constitute a civil infraction punishable by a maximum penalty
of$250.00, not includin� statutory assessments.
�) Misdemeanor. A second or subsequent violation of subsection(a)of this section
by an�person within a twelve(12�month period sha11 constitute a misdemeanor punishable
pursuant to BMC 1.12.020(2).
�) Gross Misdemeanor. Anv person violating the provisions of BMC 9.48.060 shall
be�uiltv of a �ross misdemeanor punishable pursuant to BMC 1.12.020(1).
�) Seizure and Disposal of Fireworks. In addition to the penalties provided in this
section,the Police Chief, or desi�nee, and the Fire Chief, or desi e�n e, may seize arld dispose of
fireworks that are possessed, sold,purchased,offered for sa1e, and/or used in violation of this
ch�ter accordin�to the seizure and forfeiture procedures contained in RCW 70.77.435 and
70.77.440.
SECTION 2. Severabilitv. If any one 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.
SECTION3. �fective Date of'Amendments to Chapter 9.48 BMC. Pursuant to
RCW 70.77.250,the effective date of the amendments to Chapter 9.48 of the Bremerton
Municipal Code set forth in Section 9.48.070 of this ordinance as amended herein shall take
effect and be in force one year from the effective date of this ordinance.
SECTION 4. Effective Date of Ordinance. This ordinance shall take effect and
be in force ten (10)days from and after its passage, approval and publication as provided by law.
d
PASSED by the City Council the �� day of ���`J'l� , 2015
�./�
GREG EELER, Council President
Approved this z� day of �����/L , 2015
PATTY L , ayor
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Chapter 9.48 BMC-Fireworks
ATTEST: APPROVED AS TO FORM:
�
SHANNON CORIN, City Clerk RO ER A. LUBOVICH, C' Attorney
PUBLISHED the �� day of v� ��l�l� , 2015
EFFECTNE the- �� day of /" , 2015
ORDINANCE NO. �a
R:�I.egal\Legal\Ordinances�Fire\Chapter 9.48 BMC-Fireworksl.docx
5
Chapter 9.48 BMC-Fireworks
AFFIDAVIT OF PUBLICATION
Account#342133 AD#680863
STATE OF WASHINGTON
COUNTY OF KITSAP
I,Teresa Hull, 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 SiJN; 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 publi-
cation 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 an advertisement as it was published in regular issues (and not in supplement form) of
said newspaper on the following date, to wit: And on
September 8, 2015
such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee
charged for the foregoing publication is the sum of$44.46. This amount has not been paid in full.
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of October 12, 2015.
NOTARY PUBLIC
STATE OF WASHI�IGTON
CHROSTY M MOF�=iTT
My Appofntment Expires July 08, 2016
r:
i
ORDINANCE N0.5284
AN ORDINANCE of the City
Council of the City of Bremer-
ton, Washington, amending
Chapter 9.48 of the Bremer-
ton Municipal Code entitled
"Fireworks:'
PASSED by the City Council on
the 2nd day of September,
2015.
The full text of this ordinance
is available from the City
Clerk's Office, 345 Sixth
Street,Suite 600,Bremerton, '
WA 98337.
SEPT.8,2015
AD#680863