035-23 - Ordinance - Revisions to POMC 5.60 FireworksDocuSign Envelope ID: A5707FCC-3CEF-4ECE-9C2C-1BOCA906369B
ORDINANCE NO. 035-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING REVISIONS TO PORT ORCHARD MUNICIPAL CODE (POMC)
5.60 REGARDING FIREWORKS DISPLAY FEES, FIREWORKS SALES DEBRIS
DEPOSIT, DESIGNATING THE FIRE AUTHORITY, AND PROVIDING FOR
SEVERABILITY, CORRECTIONS, AND PUBLICATION; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, on December 13, 2016, the City Council approved the City's 2017 — 2018
biennial budget, which established the Department of Community Development (DCD) Permit
Center as the City's primary permit application and processing center; and
WHEREAS, the City Council adopted Ordinance No. 032-17 delegating the DCD Permit
Center to receive and process permit applications for Fireworks sales and display in accordance
with Chapter 5.60 (Fireworks) of the Port Orchard Municipal Code (POMQ and
WHEREAS, the City Council desires to amend POMC Chapter 5.60.010 in order to
provide timely updates to fees for Fireworks Display through the city's Fee Schedules for
Departments of Community Development and Public Works; and
WHEREAS, the City Council desires to rescind POMC Chapter 5.60.020(5) due to the
uncompensated city staff time required to effectively carry out the requirements stipulated
under the debris deposit and inspection; and
WHEREAS, the City Council desires to amend the definition of Fire Authority in POMC
Chapter 5.60.005(6) to mean the City of Port Orchard Department of Community
Development's Fire Official;
WHEREAS, the City Council, after careful consideration approves the amendments to
Chapter 5.60 POMC as presented; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Section 5.60.005(6) of the Port Orchard Municipal Code is hereby amended
to read as follows:
5.60.005 Definitions.
(6) "Fire authority" means the City of Port Orchard Department of Community
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Development's Fire Code Official fire re-hTef A-f the Se� "tea^ FiFe and Rescue District
or their designee for the purposes of this chapter.
SECTION 3. Section 5.60.010 of the Port Orchard Municipal Code 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 a public
carrier delivering to a licensee), possess, store, sell or offer to sell at retail or wholesale
eF d;se"arge fireworks inside the 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 for fireworks sales shall be $100.00 per year payable in advance.
The fee for fireworks display shall be set by City Council Resolution in the Fee Schedules
for Departments of Community Development and Public Works.
SECTION 4. Section 5.60.015 of the Port Orchard Municipal Code 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 to the city in
such form and detail as prescribed by the city's, ;R ^IRS, ltatien with th., fire code official
autheFity. 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 DCD permit center 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
(c) Prior to commencing a permitted activity for all other uses.
(3) Permits issued pursuant to this chapter are nontransferable.
SECTION S. Section 5.60.020 of the Port Orchard Municipal Code is hereby amended to
read as follows:
5.60.020 Conditions for sales of fireworks and public display — Permit issuance.
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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 DCD permit center.
(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 DCD permit center.
(4) For sales of fireworks, the location of the proposed place of business shall comply
with the zoning ordinances of the city.
151{� Public displays of fireworks shall comply with the provisions of RCW 70.77.280 in
that the city's , i^ eRS Y'tat*A-^ v. -h the fire code official ay, shall determine
whether the proposed display would pose a hazard to property or a danger to persons.
The city's , On consultation with the fire code officialawtheicitj, 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 DCD permit center.
SECTION 6. Section 5.60.030 of the Port Orchard Municipal Code 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 city's apd-fire code official may.
SECTION 6. Section 5.60.070 of the Port Orchard Municipal Code is hereby amended to
read as follows:
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5.60.070 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 city's—,-a#e fire code official a6ltheFity 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 7. Section 5.60.080 of the Port Orchard Municipal Code is hereby amended to
read as follows:
5.60.070 Enforcement.
The city-bu4d�R-gfire code official or duly authorized representative is designated as the
enforcing officer of this chapter.
SECTION 8. Severability. If any section, sentence, clause, or phrase of this Ordinance
should be held to be unconstitutional or unlawful 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 9. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 10. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 11. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by 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 28th day of November 2023.
rDocuSigned by:
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Robert Putaansuu, Mayor
DocuSign Envelope ID: A5707FCC-3CEF-4ECE-9C2C-1BOCA906369B
Ordinance No. 035-23
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
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Charlotte A. Archer, City Attorney
PUBLISHED: December 4, 2023
EFFECTIVE DATE: December 9, 2023
SPONSOR:
Scott Diener, Councilmember
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