026-08 - Ordinance - Amending Chapter 5.60 Safe and Sane FireworksORDINANCE NO. 026-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 5.60 SAFE
AND SANE FIREWORKS
WHEREAS, Port Orchard Municipal Code (POMC) Chapter 5.60 needs to be brought
current with the other cities in Kitsap County and the State of Washington; and
WHEREAS, the proposed changes are to increase the license fee, increase the
insurance limits, and to no longer allow the sale or explosion of fireworks on New Year's Eve; and
WHEREAS, the proposed changes will align the City's fireworks regulations and
process with that of the other cities in Kitsap County as well as the State; now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
read:
Section 1. Port Orchard Municipal Code Chapter 5.60 Title is hereby amended to
Chapter 5.60 Fireworks
Section 2. Port Orchard Municipal Code Section 5.60.010 Sales license required —
fee is hereby amended to read:
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 $100.00 per year payable in advance.
Section 3. Port Orchard Municipal Code Section 5.60,020 Conditions for license
issuance is hereby amended to read:
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: $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.
(3) Location of the proposed place of business shall comply with the zoning
ordinances of the city.
(4) Applicant shall post a $50.00 deposit conditioned upon the prompt removal of
the temporary stand and the cleaning up of all debris from the site. If the applicant
Ordinance No. 026-08
Page 2 of 2
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.
Section 4. Port Orchard Municipal Code Section 5.60.040 Number of licenses and
stands limited is hereby amended to read:
(1) w=ourth 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,
Section 5. Port Orchard Municipal Code Section 5.60.050 Exploding fireworks legal
period designated is hereby amended to read:
No person shall use or explode any fireworks within the city except from 11:00 a.m. to
11:00 p.m. on the fourth day of July of any year and except where public displays are
authorized pursuant to the laws of the state of Washington.
Section 6. This ordinance shall be in full force and effect 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 12th day.of�Adgust 2,008/
Lary
A T;
Patricia J. irkpatrick, City Clerk
APPROVED AS TO FORM: Sponsored by:
A..:!!::�� &A 0�� . . ................
Greg Jacoby, C ttorn on Colebank, Councilmember
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 August 12, 2008.
ORDINANCE NO.026-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING PORT ORCHARD MUNICIPAL CODE 5.60 SAFE AND
Copies of Ordinance No. 026-08 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. 026-08 will be
provided at a nominal charge.
City of Port orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
August 16, 2008