013-16 - Ordinance - POMC Chapter 5.60 FireworksORDINANCE NO. 013-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 5.60
FIREWORKS TO ESTABLISH PERMIT REQUIREMENTS FOR
FIREWORKS
WHEREAS, the 2015 summer season was recognized in being a record -setting
hottest and driest conditions across the State; and
WHEREAS, the City Council wishes to amend the code prohibit the discharge of
fireworks within the City; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1.
Port Orchard Municipal Code Chapter 5.60 Title is hereby amended to
read as follows:
Chapter 5.60 Fireworks
5.60.050
Definitions
5.60.010
Permit and state license required — Fee.
5.60.015
Fireworks permits — Forms and deadlines.
5.60.020
Conditions for sales of fireworks and public display — Permit issuance.
5.60.030
Temporary stands.
5.60.040
Number of permits and stands.
5.60.050
Exploding fireworks legal period designated.
5.60.055
Prohibition due to extreme fire danger
5.60.060
Chapter supplementary to state law.
5.60.070
Violations — Penalty.
5.60.080
Enforcement by fire authority.
Section 2.
Port Orchard Municipal Code Section 5.60.005 is hereby added to read
as follows:
5.60.005 Definitions
(1) "Fireworks" means any composition or device designed to produce a visible
or an audible effect by combustion, deflagration, or detonation, and which
meets the definition of "articles pyrotechnic" or "consumer fireworks" or
"display fireworks" as set forth in RCW 70.77.
(2) "Consumer Fireworks" means smaller fireworks designed primarily for use by
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consumers, as further defined by RCW 70.77.136 and WAC 212-17-025.
(3) "Display Fireworks" means larger fireworks designed primarily for display and
classified as such by the U.S. Department of Transportation, as further defined
by RCW 70.77.131 and WAC 212-17-025.
(4) "Public Display" means an entertainment feature where the public is or could
be invited, admitted and/or permitted to view the display or discharge of display
fireworks.
(5) "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.
(6) "Fire Authority" means the fire marshal of the South Kitsap Fire & Rescue
District or his/her designee.
(7) "Retail Sales" means any person who, at a fixed location or place of business,
offers for sale, sells, or exchanges for consideration consumer fireworks to a
consumer or user.
Section 3. Port Orchard Municipal Code 5.60.015 is hereby amended 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.
(2) Permit applications shall be received by the finance department 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
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(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 4. Port Orchard Municipal Code Section 5.60.020 is hereby amended 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:
(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 finance department.
(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
finance department.
(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.
40 (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 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 finance department.
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Section 5. Port Orchard Municipal Code Section 5.60.030 is hereby amended to read as
follows:
5.60.030 Temporary stands.
All safe and sane consumer fireworks shall be sold only from temporary stands and
must conform to the written rules and regulations of the fire authority.
Section 6. Port Orchard Municipal Code Section 5.60.040 is hereby amended to read as
follows:
5.60.040 Number of licenses and stands limited
Fourth of July Holiday Period. Each permittee shall be issued a fireworks permit annually
and is entitled to only one retail sales outlet.
Section 7. Port Orchard Municipal Code Section 5.60.055 is hereby added to read as
follows:
5.60.055 Prohibition due to extreme fire danger.
The mayor, after consulting with the fire authority, and other officials as may be
deemed appropriate, may prohibit the discharge of all fireworks during periods of
extreme fire danger.
Section 8. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this ordinance.
Section 9. This ordinance shall be in full force and effective one year after the date of
adoption as required by RCW 70.77.250(4). A summary of this Ordinance may be published in lieu of
the entire ordinance, as authorized by State Law.
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 24th day of May 2016.
Robert Put ansuu, Mayor
A T:
Brandy Rinearson, CIVIC, City Clerk
Ordinance No. 013-16
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SPONSORWusj:
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APPROVED AS TO FORM 0 Y:
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o Cates, City Attorney
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PUBLISHED: June 3 2016
EFFECTIVE DATE: June 8, 2016
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