1585 - Ordinance - NOT PUBLISHED. DECLARED INVALIDORDINANCE NO. 1585 HAS NOT BEEN PUBLISHED AND BEEN DECLARED INVALID
PURSUANT TO RCW 35.24.210
ORDINANCE NO. 1585
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
DECLARING AN EMERGENCY AND LIMITING THE DATES AND TIMES
DURING WHICH FIREWORKS MAY BE DISCHARGED WITHIN THE CITY
AND PROVIDING PENALTY
WHEREAS, the Kitsap County Fire Chief's Association unanimously
recommends that fireworks discharge be limited to July 4, and
WHEREAS, the Port Orchard Fire Chief has also recommended to the City
Council that the use and discharge of fireworks be limited to July 4, and
WHEREAS, restricting fireworks to July 4 would assist police and fire
personnel preserving public safety, public health, public property and the public
peace, and
WHEREAS, public safety is a priority within the City of Port Orchard,
it is considered to be in the best interest of the city and its citizens, to
restrict the use, discharge and exploding of fireworks within the city limits of
Port Orchard to reduce the risk of fire and injury, and
WHEREAS, RCW 35.24.210 generally requires that Port Orchard ordinances
be made effective five days after publication in the city's official newspaper
except in emergency circumstances, and
WHEREAS, there is insufficient time for this ordinance to be published
and become effective before the 1993 fireworks season as prescribed by Port Orchard
Municipal Code Section 5.60 as its currently exists, and
WHEREAS, Kitsap County, City of Bremerton, City of Poulsbo and the City
of Bainbridge Island have, through legislative action, approved and adopted
restrictions on the use, discharge and exploding of fire works, and
WHEREAS, the City of Port Orchard wishes to similarly restrict the
discharge of fireworks to July 4 for the protection and preservation the public
peace, public safety, public property and public health.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Declaration of emergency. Based upon the facts as
summarized in the recitals to this ordinance, the City Council hereby finds and
declares that a fire and life safety emergency exists which necessitates the
implementation of further restrictions on the use and discharge of fireworks. In
addition, the City Council finds that an emergency exists with respect to the
inability of the City to make these regulations effective prior to the 1993
fireworks discharge season if this ordinance was required to become effective five
days after it's publication. The City Council finds that these emergency situations
make this ordinance a public emergency ordinance necessary for the protection of
public health, public safety, public property and the public peace.
Ordinance No. 1585
Page 2 of 2
Section 2. Ordinance No. 1233 Section 1 (POMC 5.60.050) is hereby
amended to read as follows:
5.60.050 Exploding fireworks, legal period designated No person shall
use or explode any fireworks within the city except from eleven a.m. to eleven p.m.
on the fourth day of July of any year except where public displays are authorized
pursuant to the laws of the State of Washington.
Section 3 Penalty for Violation. 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 one thousand dollars or by imprisonment not to
exceed ninety 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 4 Severability. If 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 or constitutionality of any other section, sentence, clause or phrase of
this ordinance.
Section 4. Effective Date - Emergency. this ordinance, having been
declared a public emergency ordinance necessary for the protection of public health,
public safety, public property and public peace, and having been passed by the Port
Orchard City Council shall take effect and be in full force immediately upon
adoption.
PASSED by the City Council of the City of Port Orchard and APPROVED by
the Mayor and ATTESTED by the Clerk in authentication of such passage this 28th day
of June, 1993.
ATTEST:
Patricia Hower, City Clerk
APPROVED AS TO FORM:
LESLIE J. WEATHERILL, MAYOR
SPONSORED BY:
City Attorney Councilwoman Carolyn Powers