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015-16 - Ordinance - Amending Chapter 5.60 FireworksORDINANCE NO. 015-16 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 5.60 (FIREWORKS) TO ALLOW THE PROHIBITION OF THE SALE OF FIREWORKS UNDER CERTAIN CIRCUMSTANCES. WHEREAS, the Port Orchard City Council amended the Port Orchard Municipal Code Chapter 5.60 on May 24, 2016 to allow for the prohibition of the discharge of fireworks within the City during periods of extreme fire danger; and WHEREAS, the City Council has determined that the ability to prohibit the sale of fireworks during periods of extreme fire danger will also be in the best interests of the public health and safety; and WHEREAS, the City Council has determined that conducting a public hearing prior to determining whether the prohibition of the sale of fireworks during periods of extreme fire danger is appropriate; and WHEREAS, the City Council wishes to amend the code to allow the prohibition of the sale of fireworks under these conditions; 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, Subsection .055, is amended to read as follows (new text in underline): 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. In addition, the city council may, after conducting a public hearing, adopt by resolution emergency limitations or prohibitions on the sale of fireworks during periods of extreme fire danger. Such emergency limitations or prohibitions shall be temporary and the reasons necessitating the emergency limitations or prohibitions shall be clearly defined in the resolution. SECTION 2. 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. Ordinance No. 015-16 Page 2 of 2 SECTION 3. Effective date. This ordinance shall take effect and be in full force and effect one year after the date of adoption as required by RCW 70.77.250(4). SECTION 4. Publication. This Ordinance shall be published by an approved summary consisting of the title. 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 14th day of June 2016. Robert Putaansuu, Mayor ATTEST: Bikrfdy Rinearson/CMC, City Clerk 6hn Clauson, Councilmember SPONSORED BY: 9 -!f" __ fc Tf e APPROVED AS TO FORM Cates, City Attorney '4,0F w^V PUBLISHED: june 24th, 2016 EFFECTIVE DATE: June 14th, 2017 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 June 14th, 2016. ORDINANCE NO. 015-16 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 5.60 (FIREWORKS) TO ALLOW THE PROHIBITION OF THE SALE OF FIREWORKS UNDER CERTAIN CIRCUMSTANCES. Copies of Ordinance No. 015-16 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. 015-16 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, June 24th, 2016