1706 - Ordinance - FireworksORDINANCE NO. 1706 `�
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, REPEALING ORDINANCE NOS. 692, 878 AND
ORDINANCE NO. 1233 AND PROVIDING FOR THE
REGULATION OF THE SALE OF SAFE AND SANE FIREWORKS
AND PROVIDING FOR LICENSES AND PENALTIES.
WHEREAS, the City of Port Orchard and Kitsap County Fire District No. 7 have
entered into an Agreement for the District to provide fire protection to the City commencing
January 3, 1998, now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON
DOES ORDAIN AS FOLLOWS:
Section 1. Sales license required, fee.
It shall be unlawful for any person to engage in the retail sale of or to sell any fireworks within
the city without first having obtained a license, the fee for which shall be $10.00 a year payable
in advance.
Section 2. Conditions for license issuance.
A license 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 of
Washington authorizing the holder thereof to engage in the fireworks business.
(2) 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: $100,000 or more for injury to any one person in one accident or occurrence;
$300,000 for injury to more than one person for any one accident or occurrence; $50,000 for
injury to property in any one accident or occurrence.
(3) Location of the proposed place of business shall comply with the zoning
ordinances of the city.
(4) Applicant shall post a $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 applicant removes
such temporary stand and cleans up all the debris before the tenth day of July of each year, he
shall be entitled to the return of his $50.00.
Section 3. Temporary stands.
All safe and sane fireworks shall be sold only from temporary stands and must conform to the
written rules and regulations of the Fire Authority.
Section 4. Number of licenses and stands limited.
(1) 41h of July holiday period: Only seven licenses shall be issued annually in
the city and each licensee is entitled to only one retail outlet. The license is nontransferable.
(2) New Year's Eve holiday period: Only seven licenses shall be issued
annually in the city and each licensee is entitled to only one retail outlet. The license is
nontransferable.
Ordinance No. 1706
Page Two of Two
Section 5. Exploding fireworks legal period designated.
No person shall use or explode any fireworks within the city except from eleven o'clock a.m. to
eleven o'clock p.m. on the fourth day of July of any year and/or from six o'clock pm on
December 315' until one o'clock a.m. on January 1" of the subsequent year and except where
public displays are authorized pursuant to the laws of the state of Washington.
Section 6. Chapter supplementary to state law.
This chapter is intended to implement Chapter 70.77 RCW and shall be construed in connection
with the law and any and all rules or regulations issued pursuant thereto.
Section 7. Violations - Penalty.
(1) Any person failing to comply with Chapter 70.77 RCW or any rules or
regulations of the State Fire Marshal or the Fire Authority shall be guilty of a violation of this
chapter.
(2) Any person violating any of the provisions or failing to comply with the
mandatory requirements of this chapter shall be guilty of a misdemeanor. Any person convicted
of a misdemeanor shall be punished by a fine not to exceed $1,000 or by imprisonment not to
exceed 90 days, or by both such fine and imprisonment. Each such person shall be guilty of a
separate offense for each and every day during any portion of which any violation or any
provision of this chapter is committed, continued or permitted by any such person.
Section 8. Enforcement by Fire Authority.
The Fire Authority or his duly authorized representative is designated as the enforcing officer of
this chapter.
Section 9. Repealer. Ordinance Nos. 692, 878 and Ordinance No. 1233
are hereby repealed.
PASSED by the city council of the city of Po Orchard, APPROVED by the Mayor
and attested by the clerk in authentication of such passag is 14'" day of January 1998.
ATTEST: LESLIE J. WEATHERILL, MAYOR
i
- ?:� 'A
Patricia Parks, City Clerk
APPROVED AS TO FORM: SPONSORED BY:
City Attorney
Councilman Morrison
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 January 14, 1998.
ORDINANCE NO. 1706v�-
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEALING ORDINANCE NOS. 692, 878 AND ORDINANCE NO. 1233 AND
PROVIDING FOR THE REGULATION OF THE SALE OF SAFE AND SANE
FIREWORKS AND PROVIDING FOR LICENSES AND PENALTIES.
Copies of Ordinance No. 1706 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. 1706 will be provided at a nominal
charge.
City of Port Orchard
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
January21, 1998