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HomeMy WebLinkAbout5479 ORDINANCE NO. 5479 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9.48 of the Bremerton Municipal Code entitled ÐFireworks.Ñ WHEREAS, the City Council desires to amend Chapter 9.48 of the Bremerton Municipal Code entitled ÐFireworksÑ in order to update provisions of the code to make corrections to code references and to make other related amendments; 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. Application for all local fireworks permits 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 common fireworks, as defined in this onlyordinance only. (2)The applicant shall have and keep in full force and effect a policy of insurance approved by the CityÓs Risk Manager saving the City harmless for any acts or failures of the permittee, in accordance with Chapter 70.77 RCW. The applicant shall provide a certificate of insurance with minimum liability coverage of not less than $1,000,000 each occurrence and $2,000,000 general aggregate and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury , and liability assumed under an insured contract. City shall be endorsed as an additional insured, with language at least as broad as ISO endorsement form CG 20 26. The applicant shall agree to indemnify, defend, and hold the City, its officers, employees, volunteers, and agents harmless from all causes of action, claims or liabilities occurring in connection with the permitted sale, except those which occur due to the CityÓs sole negligence. (3)The location of a proposed place of business shall 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 ownerlandowner 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. (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 shall post a fifty dollarfifty-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 ($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. (2)Permit applications for the public display shall be submitted in full a minimum of thirty (30) days prior to the scheduled display. (3)As required under RCW 70.77.285 the applicant shall provide liability insurance. The applicant shall provide a certificate of liability insurance evidencing liability limits of not less than $1,000,000 each occurrence and $2,000,000 general aggregate and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury , and liability assumed under an insured contract. The City shall be endorsed as an additional insured with language at least as broad as ISO additional insured endorsement form CG 20 26. The applicant shall agree to indemnify, defend, and hold the City, its officers, employees, volunteers, and agents harmless from all causes of action, claims or liabilities occurring in connection with the permitted display, except those which occur due to the CityÓs sole negligence. 9.48.030 RETAIL FIREWORKS STANDS CONFORMANCE TO REGULATIONS REQUIRED. (a)Only "common fireworks" are defined as: Must be hand-held and ground-based sparking devices which are non-aerial and non- explosive. Fountain - A ground device that emits showers of sparks several feet in the air. Cone - A type of fountain in the shape of a cone. Novelty - Fireworks such as snaps, snakes, poppers; they can shoot white smoke or even multi-color parachutes. Smoke - Any item that produces a smoke effect, including smoke balls and aerial items that produce smoke instead of light or noise; smoke items are generally used during the daytime. Sparklers/Morning Glory - A handheld stick with a coating of pyrotechnic composition that creates sparks when lit; Morning Glory sparklers are a larger thin cardboard tube filled with powder. And which have been evaluated by a third-party testing agency and are obviously labeled as being approved by that testing agency and are 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 any 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 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. 9.48.040 HOURS AND DAYS OF SALE AND DISCHARGE. (a)No person shall use or explode any fireworks within the City except from 11:00 th a.m. on July 3rd to 11:00 p.m. on July 5 4th at 00:00am (midnight) 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 limitation, from 6:00 p.m. on December 31st of any year until 1:00 a.m. on January 1st of the subsequent year. Only "common fireworks" as defined in 9.48.030 (a). 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 thth 28 9am to 11:00pm July 1,2, 3 and July 4 in any calendar year; 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. (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 discharge 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. 9.48.070 PROHIBITION DUE TO EXTREME FIRE DANGER. During periods of extreme fire danger, the Fire Chief may prohibit the discharge of all fireworks. For the purpose of this section, "extreme fire danger" means a period of hot, dry weather accompanied by low fuel moistures. It is during this 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 designee, are authorized to enforce all provisions of this chapter except those provisions where enforcement authority is explicitly 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 canceled, revoked, or lapsed. 9.48.100 PENALTY FOR VIOLATIONS. (a)Violation. It shall be unlawful for any person to sell, use, transfer, discharge, 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, any violation of subsection (a) of this section shall constitute a civil infraction punishable by a maximum penalty of two hundred fifty dollars ($250.00), not including statutory assessments. (c)Misdemeanor. A second or subsequent violation of subsection (a) of this section by any person within a twelve (12) month period shall constitute a misdemeanor punishable pursuant to BMC 1.12.020(2). (d)Gross Misdemeanor. Any person violating the provisions of BMC 9.48.060 shall be guilty of a gross misdemeanor punishable pursuant to BMC 1.12.020(1). (e)Seizure and Disposal of Fireworks. In addition to the penalties provided in this section, the Police Chief, or designee, and the Fire Chief, or designee, may seize and dispose of fireworks that are possessed, sold, purchased, offered for sale, and/or used in violation of this chapter according to the seizure and forfeiture procedures contained in RCW 70.77.435 and 70.77.440. SECTION 2. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 3. Severability. 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. SECTION 4. Effective Date. This ordinance was approved by the City Council on June 21, 2023 and will be published as provided by law and shall take effect and be in force ten June 22, 2024.(10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the_____21st______ day of _____June________, 2023. _________________________________ JEFF COUGHLIN, Council President Approved this ____ ____ day of ____June_________, 2023. 37ui _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: _________________________________ __________________________________ ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney Kvof PUBLISHED the ________ day of _____________________, 2023. 37ui EFFECTIVE the _____ day of ____________, 202. ORDINANCE NO. 5479.