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Home My WebLink About08/26/2020 STUDY SESSION PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 WEDNESDAY, AUGUST 26, 2020 CITY COUNCIL STUDY SESSION AGENDA 5:00 PM – Via Zoom Webinar To help reduce the spread of COVID-19, the City Council is conducting a Study Session via Zoom Webinar. The Council Conference Room 603 will be closed, and all Council Members and staff will be participating remotely. The Study Session is open to the public to listen in, but there will be no opportunities for input; no action is anticipated; and the content of any presented items is subject to change…  Members of the public are invited to join the Zoom webinar by clicking on the following link: https://us02web.zoom.us/j/87575677710?pwd=Vlk0Zy9hYm1wOTAvS2NDUEZDLzhrdz09 Password: 209823  Or iPhone one-tap: US: +12532158782,,87575677710#,,,,,,0#,,209823# or +13462487799,,87575677710#,,,,,,0#,,209823#  Or Telephone: Dial (for higher quality, dial a number based on your current location): +1 360 415 1029… +1 253 215 8782 US… +1 301 715 8592 US Webinar ID: 875 7567 7710 Password: 209823 Citizens are always encouraged to send questions and comments to: City.Council@ci.bremerton.wa.us A. BRIEFINGS ON AGENDA ITEMS 1. Discussion on Proposed Changes to City of Bremerton Fireworks Legislation – City Attorney Roger Lubovich; and Brett Jette, Assistant City Attorney II (Information only) B. GENERAL COUNCIL BUSINESS o Public Works Committee Briefing (08/18/20 Meeting) – Chair Kevin Gorman o Finance & Parking Committee Briefing (08/25/20 Meeting) – Chair Michael Goodnow o Other General Council Business C. ADJOURNMENT OF STUDY SESSION Form Created 5/4/15 INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL SUBJECT: Discussion on Possible Changes to City of Bremerton Fireworks Legislation Study Session Date: August 26, 2020 Presenters: Roger Lubovich, City Attorney; and Brett Jette, Assistant City Attorney II Phone: (360) 473-2345 SUMMARY: At the request of the City Council, a discussion will be held to discuss the possibility of modifying Sections of Chapter 9.48 of the Bremerton Municipal Code related to fireworks. HANDOUTS: None STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation A1 From: Leslie Daugs Sent: Thursday, August 20, 2020 1:04 PM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Roger Lubovich <Roger.Lubovich@ci.bremerton.wa.us>; Patrick McGanney <Patrick.McGanney@ci.bremerton.wa.us>; James Burchett <James.Burchett@ci.bremerton.wa.us>; Joseph Sexton <Joseph.Sexton@ci.bremerton.wa.us>; Jeff Elevado <Jeff.Elevado@ci.bremerton.wa.us> Subject: Council Questions for August 26 Study Session - Fireworks Ordinance Study (Council Member Leslie Daugs) Hello, Hope everyone is well. Here is the information I would like for the Fireworks discussion: 1. Heat maps of the calls received from fireworks with description please (This was presented to Council at one time) 2. List of calls related to 4th of July, issues, complaints, injuries, fires; and 3. When this discussion happened, did we take this to the voters... and what was the final vote based on this? Thanks so much, Leslie Daugs Bremerton City Councilwoman District 2 Sent from my iPad To: Cc: Subject: Date: City Council; Greg Wheeler; Roger Lubovich Patrick McGanney; James Burchett; Joseph Sexton; Jeff Elevado Eric Younger; Kevin Gorman; Leslie Daugs; Lori Wheat; Michael Goodnow; Mike Simpson; Pat Sullivan FW: Council Questions for August 26 Study Session - Fireworks Ordinance Study (Council Member Lori Wheat) Wednesday, August 19, 2020 4:19:00 PM Attn: Mayor Wheeler and Roger Lubovich From: Lori Wheat Sent: Wednesday, August 19, 2020 1:10 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Fireworks Ordinance Study Hello, I hope this message finds you well. Per Council President Younger’s request that we direct questions regarding the fireworks ordinance study to the administration through council staff, the following are my questions and comments: What was Bainbridge Island’s process, etc for changing their fireworks ordinance? I would find it valuable to look to a local jurisdiction, especially within the same county as us, who has recently changed their fireworks ordinance. How does the current ordinance impact our various City departments (Public Works, Parks, Police, Fire, etc)? Are the costs quantifiable? If so, what are the complete costs per year to the City of allowing fireworks per our current ordinance? What are some of the costs, which may be more difficult to quantify, of allowing fireworks per our ordinance (pollution - air, water, and land; health impacts such personal injury or impacts of reduced air quality on asthma sufferers; impact to quality of life and mental health, such as impacts on PTSD sufferers; neighbor disputes/community discord; impacts to pets; impacts to wildlife; property damage, etc)? Is the amount of revenue to the City, related to fireworks (fireworks sales tax, etc) quantifiable? If so, what is the total amount of revenue per year? How would safety improve if we were to modify our fireworks ordinance? For example, how many calls for service are typically related to fireworks each year? How might we continue to allow for those members of the public who wish to celebrate, to do so in a safer, more thoughtful, more peaceful, and less tax-burdensome way? For example, might drone light shows be used? Thank you, as always, for the important work you do! Sincerely, Lori Wheat Bremerton Council Member, District 4 From: Ed Covi <transferetran@gmail.com> Sent: Wednesday, August 26, 2020 11:48 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Fireworks agenda item Hi I live in Council member Goodnow's district and would like to express my support for addressing the use of illigeal fireworks on and around the July 4th and New Year's time frame. I normally leave the Country around the 4th to avoid this area. I was unable to this year due to COVID. It was a very difficult time for me as I have severe PTSD. It took me a few weeks to recover and added to my fear of the Kitsap area. I moved hear thinking it was a military friendly area. This is not the case as many of us with combat and non-combat related issues suffer. The fireworks used are not the legal ones but rather large explosives that shake my house and put fear in the community. I also think that they may be purchased on tribal property and taken back home for use. This is not legal. Nor is it in line with the sport of the State law on the use do fireworks. Thank you for the agenda item and remember those of use who suffer from the actions of a few and the lack of enforcement. Sincerely Ed Fireworks History of Consumer Fireworks Ban in Bremerton 1918 –Ban the sale, discharge, or possession of fireworks without a permit. Ord. 592 1937 –Granted the Fire Chief full authority to determine what, if any, fireworks could be sold or discharged. Ord. 1152 1949 –Ban the sale or discharge of fireworks without a permit. Ord. 1832 1961 –Fireworks could be discharged from 12:00 p.m. on June 28 to 12:00 p.m. on July 5. Ord. 2492 §5 1992 –Due to fire danger restricted fireworks discharge to July 4, 1992. Ord. 4379 §1 1993 –Due to fire danger restricted fireworks discharge to July 4, 1993. Ord. 4420 §1 1994 –Permanently restricted fireworks discharge to July 4 between 11:00 a.m. and 11:00 p.m. and limiting sales from 12:00 p.m. on June 28 to 11:00 p.m. on July 4.Ord. 4455 §1 2006 –Explicitly ban fireworks discharge on December 31 and January 1. Further restricted sale of fireworks to 12:00 p.m. to 11:00 p.m. June 28, and 9:00 a.m. to 11:00 p.m. June 29 through July 4. Ord. 4973 §1 2015 –Authority was given to the Fire Chief to ban fireworks during extreme fire danger.Ord. 5284 §1 2004 Advisory Vote In 2004, Kitsap County and all its cities held an advisory vote on the outright ban of consumer fireworks for the entire county. That advisory vote was 42.69% in favor of a ban and 57.31% opposed to a ban. According to a Kitsap Sun article, only one precinct in Bremerton voted in favor of the ban (by 12 votes) and Poulsbo was the only city to vote in favor of the ban. Other Cities in Kitsap County Bainbridge Island: Bans the sale and discharge of consumer fireworks. Had almost identical restrictions as the City, but in 2019, Bainbridge Island City Council chose to ban consumer fireworks outright. That ban becomes effective October 11, 2020. This was done by city council action over the course of two meetings. Poulsbo: Allows for the sale and discharge of consumer fireworks with some time restrictions. Port Orchard: Allows for the sale and discharge of consumer fireworks with some time restrictions. Options Retain as is Further restrict the sale or discharge of consumer fireworks Total ban on consumer fireworks Further restrictions or a ban can be accomplished either by a vote of Council or a referendum of the people. If the issue is put to a referendum of the people and passes, Council cannot later change the ban/restrictions. It would require another referendum to make changes. Council could also hold an advisory vote of the people which would be nonbinding. In order to be effective in 2022, any vote would need to occur in a February 2021 special election. Council could also seek input through flyers/mailings requesting citizens to take an informal survey on the City’s website or other location. Timing Limitations Chapter 70.77 RCW prohibits any restriction on the sale or discharge of fireworks from coming into effect sooner than one year after adoption. This means that the soonest fireworks sales and discharge could be further restricted is June 28, 2022 (the date fireworks sales are allowed to begin in Bremerton). To further restrict or ban the sale and discharge of consumer fireworks, Council would need to act no later than the June 23, 2021 meeting. What is a “Consumer Firework” "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States consumer product safety commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials and classified as fireworks UN0336 by the United States department of transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002, and not including fused setpieces containing components which together exceed 50 mg of salute powder. RCW 70.77.136 What is a “Consumer Firework” Cont. This includes things such as: (a) Ground and hand-held sparkling devices; (i) Wire sparkler/dipped stick; (ii) Cylindrical fountain; (iii) Cone fountain; (iv) Illuminating torch; (v) Wheel; (vi) Ground spinner; (vii) Flitter sparkler; (viii) Toy smoke device; (b) Aerial device; (i) Helicopter, aerial spinner; (ii) Roman candles; (iii) Mine and shell devices; (iv) Aerial shell kit, reloadable tube. (c) Multiple tube fireworks devices -Cake. WAC 212-17-025