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038-08 - Ordinance - Amending Chapter 5.60 FireworksORDINANCE NO. 038-08 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, on August 12, 2008, the City Council approved Ordinance 026-08 updating the City's Fireworks code; and WHEREAS, as adopted Ordinance 026-08 failed to clarify the permit authority for the City permits as authorized under Chapter 70.77 RCW; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: Sectian 1. Port Orchard Municipal Code Chapter 5.60 Title is hereby amended to read as follows: Chapter 5.60 Fireworks Sections: 5.60.010 Permit and State License Required - Fee 5.60.015 Fireworks Permits 5.60.020 Conditions for Permit issuance. 5.60.030 Temporary stands. 5.60.040 Number of permits and stands limited. 5.60.050 Exploding fireworks legal period designated. 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 5.60.010 is hereby amended to read as follows: 5.60.010 Permit and State License Required - Fee No person, firm or corporation shall import, manufacture, transport (except as public carrier delivering to a licensee), possess, store, sell or offer to sell at retail or wholesale or discharge fireworks inside City Limits of the City of Port Orchard without first obtaining a permit from the City and a license from the state of Washington. The fee for obtaining a City permit shall be $100.00 per year payable in advance. Section 3, Port Orchard Municipal Code Firework Permits is hereby amended by adding a new section 5.60.015 to read as follows: 5.60.015 Fireworks permits — Forms and Deadlines (1) Applications for permits required by this chapter shall be submitted in Ordinance No 038-08 Page 2 of 3 such form and detail as prescribed by the fire marshal. 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; and d. The names, addresses and telephone numbers of the applicants) and responsible party(ies). e. When applicable, a description of the proposed activity detailing how it satisfies the conditions set forth under section 5.60.020. (2) Permit applications shall be received by the City Clerk for review by the South Kitsap Fire District: 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 forty (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 South Kitsap Fire District 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 non -transferable. 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 City Clerk's office. (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 City Clerk's office. (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 Ordinance No 038-08 Page 3 of 3 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 purposed display would pose a hazard to property or a danger to persons. The South Kitsap Fire District shall prepare a written report detailing the findings and recommendations for or against the issuance of the permit. The Fire District's report shall be filed with the City Clerk's office. action S. 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. Only seven permits for the sale of fireworks shall be issued annually in the city and each permitee is entitled to only one retail outlet. Section 6. 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 7. 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 passE uUtt Patricia J. KirkWrick, 6ty Clerk APPROVED AS TO FORM: nnife rbe , ssistant City Attorney Sponsored by: kri i AAAA i Colebank, ouncilmember 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 October 28, 2008. ORDINANCE NO. 038-08 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 5.60 FIREWORKS TO ESTABLISH PERMIT REQUIREMENTS FOR FIREWORKS Copies of Ordinance No, 038-08 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. 038-08 will be provided at a nominal charge. City of Port Orchard Patti Kirkpatrick City Clerk Publish: Port Orchard Independent November 1, 2008