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013-16 - Ordinance - POMC Chapter 5.60 FireworksORDINANCE NO. 013-16 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, the 2015 summer season was recognized in being a record -setting hottest and driest conditions across the State; and WHEREAS, the City Council wishes to amend the code prohibit the discharge of fireworks within the City; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Port Orchard Municipal Code Chapter 5.60 Title is hereby amended to read as follows: Chapter 5.60 Fireworks 5.60.050 Definitions 5.60.010 Permit and state license required — Fee. 5.60.015 Fireworks permits — Forms and deadlines. 5.60.020 Conditions for sales of fireworks and public display — Permit issuance. 5.60.030 Temporary stands. 5.60.040 Number of permits and stands. 5.60.050 Exploding fireworks legal period designated. 5.60.055 Prohibition due to extreme fire danger 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 5.60.005 is hereby added to read as follows: 5.60.005 Definitions (1) "Fireworks" means any composition or device designed to produce a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of "articles pyrotechnic" or "consumer fireworks" or "display fireworks" as set forth in RCW 70.77. (2) "Consumer Fireworks" means smaller fireworks designed primarily for use by Ordinance No. 013-16 Page 2 of 5 consumers, as further defined by RCW 70.77.136 and WAC 212-17-025. (3) "Display Fireworks" means 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 WAC 212-17-025. (4) "Public Display" means an entertainment feature where the public is or could be invited, admitted and/or permitted to view the display or discharge of display fireworks. (5) "Extreme Fire Danger" means a period of hot, dry weather accompanied by low fuel moistures. It is during this period that wildland fires can be expected, and fire growth will be accelerated. (6) "Fire Authority" means the fire marshal of the South Kitsap Fire & Rescue District or his/her designee. (7) "Retail Sales" means any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. Section 3. Port Orchard Municipal Code 5.60.015 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 in such form and detail as prescribed by the fire authority. 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 finance department 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 Ordinance No. 013-16 Page 3 of 5 (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 fire authority 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 nontransferable. 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 finance department. (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 finance department. (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 debris before the tenth day of July each year, he shall be entitled to the return of his $50.00 deposit. 40 (6) Public displays of fireworks shall comply with the provisions of RCW 70.77.280 in that the fire authority shall determine whether the proposed display would pose a hazard to property or a danger to persons. The fire authority 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 finance department. Ordinance No. 013-16 Page 4 of 5 Section 5. Port Orchard Municipal Code Section 5.60.030 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 fire authority. Section 6. 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. Each permittee shall be issued a fireworks permit annually and is entitled to only one retail sales outlet. Section 7. Port Orchard Municipal Code Section 5.60.055 is hereby added to read as follows: 5.60.055 Prohibition due to extreme fire danger. The mayor, after consulting with the fire authority, and other officials as may be deemed appropriate, may prohibit the discharge of all fireworks during periods of extreme fire danger. Section 8. 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 9. 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 passage this 24th day of May 2016. Robert Put ansuu, Mayor A T: Brandy Rinearson, CIVIC, City Clerk Ordinance No. 013-16 Page 5 of 5 SPONSORWusj: . . APPROVED AS TO FORM 0 Y: .��,,,"? O RT.0RC`'% 0RgT°y9 " o Cates, City Attorney - ° 1 EI 10 PUBLISHED: June 3 2016 EFFECTIVE DATE: June 8, 2016 '0jrrnrnnt"°'