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032-17 - Ordinance - Amending Chapter 5.60 FireworksORDINANCE NO. 032-17 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE CITY'S FIREWORKS ORDINANCE; AMENDING CHAPTER 5.60 OF THE PORT ORCHARD MUNICIPAL CODE TO AMEND REGULATIONS RELATING TO FIREWORKS PERMITS; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND SETTING AN EFFECTIVE DATE. WHEREAS, on December 13, 2016, the City Council approved the City's 2017-2018 biennial budget, which established the Department of Community Development (DCD) Permit Center as the City's primary permit application and processing center; and WHEREAS, the City Council desires that the DCD Permit Center shall receive and process permit applications for fireworks sale and discharge in accordance with Chapter 5.60 (Fireworks) of the Port Orchard Municipal Code (POMC); and WHEREAS, the City Council approves and desires to adopt amendments to Chapter 5.60 POMC as presented to authorize the DCD Permit Center to receive and process fireworks permits; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council hereby adopts the above recitals as findings in support of this ordinance. SECTION 2. Section 5.60.015 POMC is revised to read as follows: 5.60.015 Fireworks permits - Forms and deadlines. (1) Applications for permits required by this chapter shall be submitted in such form and detail as prescribed by the fire authority. A separate application shall be required for each site and activity. Applications shall include, at a minimum: (a) The application fee; (b) Copy of appropriate state licenses; (c) A site or discharge plan; (d) The names, addresses and telephone numbers of the applicant(s) and responsible party(ies); and (e) When applicable, a description of the proposed activity detailing how it satisfies the conditions set forth under POMC 5.60.020. Ordinance No. 032-17 Page 2 of 3 (2) Permit applications shall be received by the DCD Permit Center for review by the fire authority: (a) No later than 4:30 p.m. on the last official city work day in May for retail sales; (b) No later than 4:30 p.m. at least 40 business days prior to the date of an intended public display; and (c) Prior to commencing a permitted activity for all other uses. (3) Pursuant to RCW 70.77.280, the city council hereby designates the chief of the fire authority or his or her designee as the person with the authority to grant or deny permits that are sought pursuant to this chapter. (4) Permits issued pursuant to this chapter are nontransferable. SECTION 3. Section 5.60.020 POMC is revised to read as follows: 5.60.020 Conditions for sales of fireworks and public display - Permit issuance. A permit for the sale of fireworks or for public display shall be issued only upon the following terms and conditions: I (1) The applicant shall have a valid and subsisting license issued by the state of Washington authorizing the holder thereof to engage in the fireworks business, a copy of which shall be filed with the DCD Permit Center. (2) For sales of fireworks, the applicant shall obtain a business license from the city. (3) 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 of the licensee in the following amounts: $500,000 or more for injury to any one person in one accident or occurrence, $1,000,000 for injury to more than one person for any one accident or occurrence, $300,000 for injury to property in any one accident or occurrence. Proof of insurance coverage shall be included with the application for a permit and shall be filed with the DCD Permit Center. (4) For sales of fireworks, the location of the proposed place of business shall comply with the zoning ordinances of the city. (5) Applicant shall post a $50.00 deposit conditioned upon the prompt removal of the temporary stand and/or the cleaning up of all debris from the site. If the applicant removes such temporary stand and cleans up all the debris before the tenth day of July each year, he shall be entitled to the return of his $50.00 deposit. ! (6) Public displays of fireworks shall comply with the provisions of RCW 70.77.280 in that the fire authority shall determine whether the proposed display would pose a hazard to property or a Ordinance No. 032-17 Page 3 of 3 danger to persons. The fire authority shall prepare a written report detailing the findings and recommendations for or against the issuance of the permit. The fire authority report shall be filed with the DCD Permit Center. SECTION 4. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid by a court, board, or tribunal of competent jurisdiction, for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. SECTION 5. Corrections. Upon the approval of the City Attorney, the City Clerk is authorized to make any necessary corrections to this ordinance including, but not limited to, the correction of scrivener's/clerical errors, references, ordinance numbering, section/ subsection numbers, and any reference thereto. SECTION 6. Effective Date: Publication. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. An approved summary of this ordinance consisting of the title shall be published in the official newspaper of the City. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 12th day of September 2017. Robert Putaansuu, Mayor SPONSOR:ATTES’ dV Rittearson, CMC, City Clerk Scott Diener, CouncilmemberBran ffsEALj | APPROVED AS TO FORM: ron Cates, City Attorney September 22, 2017 September 27, 2017 PUBLISHED: EFFECTIVE DATE: NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held September 12, 2017. ORDINANCE NO. 032-17 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE CITY'S FIREWORKS ORDINANCE; AMENDING CHAPTER 5.60 OF THE PORT ORCHARD MUNICIPAL CODE TO AMEND REGULATIONS RELATING TO FIREWORKS PERMITS; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND SETTING AN EFFECTIVE DATE. Copies of Ordinance No. 032-17 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 032-17 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, September 22