028-21 - Ordinance - Temporarily Amending POMC 5.60.015 Pertaining to Public Fireworks DisplaysoRDtNANCE NO.028-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REIATING
TO SPECIAL EVENTS; TEMPORARILY AMENDING PORT ORCHARD
MUNICIPAT CODE 5.60.015 PERTAINING TO PUBLIC FIREWORK DISPTAYS;
PROVIDING FOR SEVERABIIITY; AND ESTABLISHING AN EFFECIIVE DATE.
WHEREAS, the City of Port Orchard has adopted regulations for public firework displays
within the City, defined as an entertainment feature where the public is or could be invited,
admitted and/or permitted to view the display or discharge of 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 W AC 2L2-L7 -O25; and
WHEREAS, the City has been in a continued state of emergency since March 2O20, and
subject to restrictions established by the Governor and state and local health officials cautioning
against the conduct of special events and large gatherings; and
WHEREAS, on May L3,2021,, Governor lnslee announced a statewide reopening date of
june 30, 202L, and the transition of all counties to Phase 3 of the Healthy WA: Roadmap to
Recovery reopening plan, effective May 18,202L; and
WHEREAS, the Council desires to allow public firework displays to be held, consistent with
and subject to allthen-applicable direction from the Governor and public health officials, following
the statewide reopening, and to temporarily waive the application time periods set out in the
POMC for public firework displays to be held in July, August and September 2021; and
WHEREAS, in light of the limited applicability of this suspension, this Ordinance will not be
codified but will nonetheless temporarily supersede any relevant codified provisions in Chapter
5.60 POMC to the maximum extent permitted by law; now therefore,
THE C|TY COUNCII OF THE C|TY OF PORT ORCHARD, WASHTNGTON, DO ORDATN AS
FOLLOWS:
SECTION 1. Temporarv Amendment of POMC 5.60.015. For public displays of fireworks
occurring in July, August and September 202L, the City Council authorizes the temporary
suspension of the timelines set out in POMC 5.60.015(2)(b), provided:
2) Permit applications shall be received by the DCD permit center for review by the fire
authority:
(b) No later than 4:30 p.m. at least twenty (20) days prior to the date of an intended
public display.
Ordinance No.028-21
Page 2 of 3
SECTION 2. ln addition to all requirements set out in Chapter 5.60 POMC and any other
applicable code provisions, all applicants for a permit for a public display of fireworks shall sign an
acknowledgment that:
(1)All displays shall be subject to all regulations and guidance disseminated by all
federal, state and local officials pertaining to the COVID-19 pandemic that are in
effect on the date of the display, including but not limited to social distancing,
sanitization of facilities, and face coverings; and
ln the event the Governor does not reopen the state on lune 30,2O2L, the City
reserves the right to rescind any permit issued, and the applicant waives all claims
against the City arising from or relating to the rescission of the permit; and
(3)The permit requires approval by South Kitsap Fire and Rescue. The City does not
control this agency and cannot guarantee that this agency will authorize a display to
occur on the shortened timelines set out in this Ordinance.
(4)
(2)
The applicant shall be solely responsible for ensuring that, prior to the display, the
display has obtained all necessary permissions from all applicable state and local
agencies that govern the proposed display, including but not limited to the
Washington Department of Labor & lndustries and the Department of
Transportation. The submission of an application to the City and/or grant of a City
permit does not guarantee that the event will receive the necessary authorizations
from all applicable agencies in time to hold the event.
SECTION 3. lf any section, sentence, clause or phrase of this ordinance should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 4. This ordinance shall be in full force five days after posting and publication as
required by law. A summary of this ordinance may be published in lieu of publishingthe ordinance
in its entirety.
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 15th day of June 202L.
ATTEST:
Robert Putaansuu, M
Ordinance No.028-21
Page 3 of 3
Bra Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PU BLISH ED: June !8, 2.OZL
EFFECTIVE DATE: lune 23, 2O2L
SPONSOR:
N/A
Councilmember,