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HomeMy WebLinkAbout1962-346 . , . ' . . - . . ....' ORDINANCE NO, . . . AN ORDINANCE 'relating to fireworks; regulating the sale and use thereof; .-. .. providing penalties: .repealing SectionS-:6.04.455„ 6.04.460 . - and 10.04.330 of the City of Yakima Municipal Code; and • declaring an emergency. . . BE IT ORDAINED BY THE CTTY OP YAKIMA; . . Section 1., DEFINITIONS. The words and phrases herein used for the purpose o this ordinance shall have the meanings respectively .. , ascribed to them in this section, except •in those instances where the Context clearly indicates a different meaning: ' (a) "Safe and sane fireworks" Includes Only such fireworks .that have been, classified• and registered as safe and sane by the State Fire Marshal in Conformity with Chapter. 228 of the Session Laws. of 1961 of .' the State of Washington, codified as R.C.W. Chapter 70.77. CO "Dangerous fireworks" includes all firewoka 'which do not 411 . • • . bear the safe and sane classification label of the State Fire Marshal. Co) ' "Peraon" includes any individual firm, partnership, idint venture, association, concern corporation, estate, trust, busineSS trust, . receiver„ syndicate, or any ether group or combination acting . • (d) uPublic display of fireworks" means an entertainment. feature • _ .„,,..._....-- where the public is.. or Permitted to view the display or di.s - charge of dangerous fireworks. (e) uSale.at retail ncludes any sale or transfer, including contracts or orders for sales or transfers, Wherein any person at a fixed location or place of buaines selis l . transfers or gives fireworks to a corsuMer or riscir„„- . _ 411 (f) Sale at wholesale includes a sale or transfer . . to a retaile!r or any other. J for resale, and which also includes any sale or . . . , -i- . . . transfer of fireworks to public display permitteeb. III (g) ! and wildlife fireworks" means fireworks designed or used to prevent-damage to crops or unwanted Occupancy of areas by animals or birds through the employment of sound Or light or both, . , whenever such fireworks are so classified by .the State Pire Marshal. Section 2. PERMIT REQUIRED—APPLICATION. It shall be unlawful • for any person to.'offer for sale at retail or wholesale or to sell at retail or wholesale any fireworks within the City of Yakima :without . having first obtained a permit to do so, Application such permit shall be made in writing to the Chief of the Fire Department of the City of Yakima on forms provided for that purpose and shall be accom- . • paned by .a permit fee of $10.00 for each sales outlet, The Chief of the Fire Department -shall make an investigation and submit a report of 40 . his findings and his recommendation for or against the issuance of the permit', together with his reasons therefor, to the Yakima City Council. The City Council shall, by resolution, deny or grant any such application, subject to such reasonable conditions, if any as it may prescribe, A permit shall not be issued unless the applicant is the holder of a valid license issued by the State Fire Marshal to do the particular act or. acts described in the permit.. as required by'RoC.W. Chapter 70.77, Section .3. FIREWORKS STANDS. Fireworks _sold at retail shall be sold only in roadside stands Or buildings used for no other purposes, - Retail sales locations shall be at least 25 feet from the nearest . . building and shall contain llo less than two exits located. as remotely from each other as possible. Each retail fireworks location shall have no less than two water-type fire extinguishers of not less than • 216 gallon capacity. During the hours that a fireworks stand or loCation is not open for business, it shall be closed and locked, and - -2- _ . • , . . , . therein is prohibited. Smoking is prohibited at all locations where 410 fireworks are stored or sold, and No Smoking" signs Shall be posted at conspicuous locations designated by.the Chief of the Fire Department; and no matches, lighters, open fires.. or other sources of ignition. shall be sold or stored at such locations, The premises of a fireworks retail outlet shall be maintained in a neat and - orderly condition at all times and be free from any condition that would create a fire nuisance. Section 4. PUBLIC DISPLAY, It .shall be unlawful for - any person to make a public display of fireworks within the City of Yakima without having first obtained a permit to do so.- . Application to make such a • . display shall be made in writing to the Chief of the Yakima Fire Depart- ment on forms provided for that purpose- and shall be accompanied by a $1000 fee for each display. The Chief of the Tire Department shall III make an investigation as to whether the display as proposed will be of such character and will be so located that it may be hazardous or dangerous to any person or property„ and he-Shall in the exercise of reasonable discretion, grant or deny the application, subjeot_to such , reasonable conditions, if any as he may prescribe, Applications for permits - for public display o± fireworks. shall be made at least 10 days in advance of the public display. A permit for a.public display of fireworks shall not be issued unless the person applying for the permit i8 the holder Of a valid license issued by the - State Fire Marshal to . make such a display. If a permit for the public display of fireworks is granted, the sale possession - and use cif fireworks for the public display is lawful for that purpose only No such permit shall be 410 transferable, Every public display of fireworks shall be handled or supervised by a competent and experienced pyrotechnic operator approved by the Chief of the Fire Department. -3- . . . . . . . . . . . . _ Section 5. PUBLIC DTSPLAY - MPLOYEE COMPENSATION INSURANCE - -BOND ill OR INSURANCE FOR LIkBILITY. The. apPlic:?ant for a permit for a Public I' display of fireworks Shall at the timeic.f application submit his ,:. •,.... . license for inspeciton and furnish prdof that he carries compensation ,... . , insurance for his employees as provided by the laws of this state-. He shall file with the Chief of the Fire Department a bond ii a sum of not less than 610 which bond shall be approved by the Chief of the Fire Department and conditioned upon the applicants payment of all damages to persons or property which shall or may result from or be caused by subh public display of fireworks, or any negligence on the Part of the apPlicant or his o: its agents; servants employees, or subcontractors in the presentation thereof. In lieu of the surety bond applicant may file with the Fire Chief a certificate of insurance - in an amount not less than 820,000.00, wnich insurance snail afford. 410 protection to Persons and ,property damaged as the result of the public display of fireworks, and which designates the City of -Yakima as an • additional assured. Section .6., SAIE OF FIREWORKS. Th2 sale at retail of any fireworks other than safe and sane .firewerks is prohibited. No safe and sane fireworks shall he sold or offered for sale at retail within . the City . of Yakima ekcept. from 1200 T: o'clock noon Or the 28th day of June to 12;!-00 o'clOck noon on the 6th day of July of each year; provided however,-th'at toy pistols, toy Canes, toy guns, or other similar devices „-in which paper caps containing not more than 25/100 grain of explosive compound fo r. each cap used, may be sold at all times. No person shali sell or transfer any safe or sane fireworks to a Consumer III or user thereof other than at a fixed place of business of a retailer for ifibiell a permit has been issued. The transfer of dangerous fire- works ownership whether by sale, at wholesale or retail, by gift or -4- other means of conveyance of title or the delivery of any dangerous . fireworks to any person who does not possess a valid permit at the. • • timeof such transfer where a permit is required by this ordinance, is prohibited. Section 7. UNCLASSIFIED FIREWORKS--SALE, POSSESSION, ETC., PRO- HIBITED The sale, transportation, possession or discharge of fireworks not marked with the manufacturer's license number and the State Fire Marshal's classification,. as required by R.C.W. Chapter 70.77, is pro- hibited. Section 8. DISCHARGE OF FIREWORKS. The discharge of any fireworks .._ other than safe and sane fireworks within the City of Yakima is Pro- hibited; provided, however, that this section does not prohibit any lawful public display of fireworks, Section 9. STORAGE OF FIREWORKS, It shall be unlawful for any • person to store any fireworks without first having made a written application to the Chief of.the Fire Department and receiving a permit at least 10 days prior to the date of the proposed sale. Upon receipt of an application for a permit to store fireworks, the Chief of the Fire Department shall make an investigation as to whether such storage as proposed will be of such a nature and character and will be so located as to constitute a hazard to property or be dangerous to any person, and he shall, in the exercise of reasonable discretion, grant or deny the application, subject to such reasonable conditions, if any, as he may prescribe. It shall be unlawful for any person to store unsold stocks of safe and sane fireworks remaining unsold after the lawful period of sale except in such places of storage as the Chief of the Fire Department shall approve, Unsold stocks of safe and sane 0 fireworks remaining after the lawful period of sale shall be returned on or before the 31st day of July of the same year to the approved storage facilities of any licensed fireworks wholesaler. -5-. , . Section 10. NON-PROHInITED COMODITIES AND ACTS, The provisions 0 of this ordinance shall not apply, tp any explosive or flammable compound, blasting caps or similar items used for industrial purposes, or to any blank cartridges for use by persons for bona fide ceremonial purposes athletic or sports events or military ceremonials or demonstrations, This ordinance shall not be construed so as to prohibit the use of torpedoes, flares or •fusees by motor vehicles, railroads or other trans- portation agencies for signal purposes, or the assembling, compounding, use and display of fireworks of whatever nature by any person engaged . in the production of motion pictures, theatricals or operas when such use and display are a necessary part of the production and such person possesses a valid permit to purchase, possess, transport or use dangerous fireworks; nor shall this ordinance prohibit any manufacturer, whole- . saler, dealer or jobber having a license and a permit, if a permit is 410 required by this ordinance, from manufacturing or selling any kind of fireworks for direct shipment out of this state, manufacturing. or • se at wholesale any dangerous fireworks to properly licensed per- sons holding a permit, if a permit is required by this ordinance, or selling dangerous fireworks to persons having a license and a permit • for public displays of fireworks, Section IL. PENALTY, Any person violating any of the provisions of this ordinance is guilty of a'misdemeanor and upon conviction„ shall be punished by a. fine in any sum not exoeeding M0„00, or by imprisonment in the City Jail for a term not exceeding 90 days, or by both such fine and imprisonment. , Sect 12. VIOLATION-A SEPARATE, CONTINUING OFFENSE, A person III is guilty of a separate offense for each day during which he commits or continues a violation of any Provision 'of this ordinance, . , ..- . Section I3 SEVERABILIT If any provision of this ordinance, or i its application to any person or circuMstanoe, is held invalid, the remainder of the ordinance or the application of the provision to other • persons or circumstances is not affected. ' Section 14. .IMMilt Sections 6,04,455, 6.04.460 and 10„04.330 of the City of Yakima Nunicipal Code are hereby repealed. , Section 15. This ordinance is one to provide for the immediate preservation of the public peace, property, health, safety and welfare of the .people of the City of Yakima, and an emergency is hereby de- clared to exist and this ordinance shall be in full force and effect immediately upon its passage, approval and publication as provided by law and by the City Charter. ' PASSED BY THE CITY COUNCIL, signed and approved this it. day of June, 1962. III ..-_,...... ... ...,„ . ---. n ATTEST: u7.1.4y ,,ierk , . • 1 . . . . . - ...7„, . . . . .