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HomeMy WebLinkAbout1982-2616 SALE OF, AND USE & STORAGE OF FIREWORKS. ORDINANCE N0. 2616 AN ORDINANCE relating to fire regulations; regulating the sale, use and storage of fireworks; defining terms; amending Sec - tions 10.15.010, 10.15.020, 10.15.030, 10.15.040, 10.15.050, 10.15.060, 10.15.070, 10.15.080, 10.15.090, and 10.15.100 all of the City of Yakima Municipal Code; and declaring an emergency. WHEREAS, Chapter 230 of Laws of 1982, Regular Session, which was a recent emergency enactment of State law, changed the regulatory author- ity of cities with regard to fireworks; and WHEREAS, such licensing and regulation of local fireworks sales and related activities must be in conformance with recent State law changes; and • WHEREAS, the deadline for local licensing of fireworks sale and other regulated activities is less than two weeks away, and therefore the City Council finds and declares an emergency to exist so as to authorize this ordinance to be passed with an emergency clause so as to be immediately effective, now, therefore: BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1. Section 10.15.010 of the City of Yakima Municipal Code is hereby amended to read as follows: 4111 "10.15.010 Definitions. The words and phrases herein used for the pur- pose of this Chapter shall have the meanings respectively ascribed to them in this section, except in those instances where the context clear- ly indicates a different meaning: (a) COMMON FIREWORKS includes any fireworks which are designed primar- ily for sale at retail to the public during prescribed dates which produce visible or audible effects through combustion. (b) PERSON includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, 410 receiver, syndicate, or any other group or combination acting as a unit. CODE D1 (c) PUBLIC DISPLAY OF FIREWORKS means an entertainment feature where the public is admitted or permitted to view the display or dis- charge of special fireworks. • (d) SALE AT RETAIL includes any sale or transfer, including contracts or orders for sales or transfers, wherein any person at a fixed location or place of business sells, transfers or gives fireworks to a consumer or user. (e) SALE AT WHOLESALE includes a sale or transfer to a retailer or any other person for resale, and which also includes any sale or trans- fer of special fireworks to public display licensees. (f) AGRICULTURAL AND WILDLIFE FIREWORKS includes fireworks devices, distributed to farmers, ranchers, and growers, through a wildlife management program administered by the United States Department of the Interior. 4111 (g) FIREWORKS means any composition or devise, in a finished state, containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and classified as common or special fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation. (h) SPECIAL FIREWORKS includes any fireworks designed primarily for exhibition display which produce visible or audible effects by combustion, deflagration, or detonation. (i) PYROTECHNICS means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the • atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as a necessary part of a motion picture, radio or television production, theatrical, or opera. (j) PYROTECHNIC OPERATOR includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging public displays of special fireworks." Section 2. Section 10.15.020 of the City of Yakima Municipal Code is hereby amended to read as follows: • "10.15.020 Permit Required for Sales - Application. It is unlawful for any person to offer for sale at retail or wholesale, or to sell at CODE D2 retail or wholesale, any fireworks within the City without having first obtained a permit to do so. Application for such permit shall be made 1111 in writing to the Code Administration Manager of the City or his desig- nee no later than June 15th of the year for which the permit is sought on forms provided for that purpose and shall be accompanied by a permit fee of seventeen and 50/100 dollars ($17.50) for each sales outlet. The Code Administration Manager or his designee shall make an investigation and submit a report of his findings and his recommendation for or against the issuance of the permit, together with his reasons therefore, to the 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 RCW Chapter 70.77, and unless applicant files with the Code Administration Manager or his designee a certificate of insurance in the • minimum amount of five hundred thousand dollars combined single limit covering bodily injury liability, property damage liability, including products liability, premises liability and contractual liability, with the applicant named as insured thereon, and which also shall name, as additional insured parties, the City of Yakima, its officers and em- ployees acting in their capacity as agents of the City." Section 3. Section 10.15.030 of the City of Yakima Municipal Code is hereby amended to read as follows: "10.15.030 Fireworks Stands. Fireworks sold at retail shall he sold only in roadside stands or buildings used for no other purpose. Retail sales locations shall be at least twenty -five feet from the nearest building and shall contain no 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 two and one -half gallon capacity. During the hours that a fireworks stand or location is not open for business, it shall be closed and locked, and sleeping therein is prohibited. Smoking is prohibited at all locations where fireworks are stored or sold, and "No Smoking" signs shall be posted at conspicious locations designated by the Code Administration Manager or his designee, 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 could create a fire nuisance." 1111 CODE D3 Section 4. Section 10.15.040 of the City of Yakima Municipal Code is hereby amended to read as follows: 111 " 10.15.040 Permit for Public Display. It shall be unlawful for any fit 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 Code Administration Manager or his designee on forms provided for that purpose and shall be accompanied by a fifty dollar fee for each display. The Code Administration Manager or his designee shall make an investi- gation 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 discre- tion, grant or deny the application, subject to such reasonable condi- tions, if any, as he may prescribe. Applications for permits for public display of fireworks shall be made at least ten 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 is a holder of a valid license issued by the State Fire Marshal to make such a display. If a permit for public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit shall be transferable. Every public display of fireworks shall be handled or supervised by a competent and experienced pyrotechnic operator approved by the Code Administration Manager or his designee." Section 5. Section 10.15.050 of the City of Yakima Municipal !III Code is hereby amended to read as follows: " 10.15.050 Public Display Employee Compensation Insurance - Liability Insurance. The applicant for a permit for a public display of fireworks shall, at the time of application, submit his license issued by the State Fire Marshal for inspection. In addition, the applicant shall submit to the Code Administration Manager or his designee a certificate of insurance in an amount not less than fifty thousand dollars and one million dollars for each person and event respectively, and not less than twenty-five thousand for property damage liability for each event. Such certificate of insurance shall also name, as additional insured parties, the City. of Yakima, its officers and employees acting in their 4110 capacity as agents of the City." CODE D4 w . Section 6. ' Section 10.15.060 of the City of Yakima Municipal 40 Code is hereby amended to read as follows: , . 111 "10.15.060 Sale of Fireworks. The sale at retail of any fireworks other than common fireworks is prohibited. No common fireworks shall be sold or offered for sale at retail within the City of Yakima except from twelve noon on the twenty-eighth day of June to twelve noon on the sixth day of July of each year; provided, however, that toy pistols, toy canes, toy guns or other similar devices, in which paper caps containing not more than twenty-five hundredths grain of explosive compound for each cap used, may be sold at all times. No person shall sell or trans- fer any common fireworks to a consumer or user thereof other than at a fixed place of business or a retailer for which a permit has been is- sued. The transfer of fireworks ownership, whether by sale at wholesale 1111 or retail, by gift or by other means of conveyance of title, or the delivery of any fireworks to any person who does not possess a valid permit at the time of such transfer where a permit is required by the Chapter, is prohibited." Section 7. Section 10.15.070 of the City of Yakima Municipal Code is hereby amended to read as follows: " 10.15.070 Unclassified Fireworks - Sale, Possession, etc., Prohibited. The sale, transportation, possession or discharge of fireworks not marked with the manufacturer's license number and the State Fire Mar- shal's classification, as required by RCW Chapter 70.77, is prohibited." 4 11 1 Section 8. Section 10.15.080 of the City of Yakima Municipal Code is hereby amended to read as follows: "10.15.080 Discharge of Fireworks. The discharge of any fireworks other than common fireworks within the City of Yakima is prohibited; provided, however, that this section does not prohibit any lawful public display 111 of fireworks." 4 11 0 CODE D5 Section 9: Section 10.15.090 of the City of Yakima Municipal Code is hereby amended to read as follows: • "10,15.090 Storage of Fireworks. It is unlawful for any person to store any fireworks without . first having made a written application to the Code Administration Manager or his designee and receiving a permit at least ten days prior to the date of the proposed storage. Upon receipt of an application for a permit to store fireworks, the Code Adminis- tration Manager or his designee shall make an investigation as to whether such storage as proposed will be of such a nature and character and will be located as to constitute a hazard of property or be danger- ous to any person, and he shall, in the exercise of reasonable discre- tion, grant or deny the application, subject to such reasonable condi- tions, if any, as he may prescribe. It shall he unlawful for any person to store unsold stocks .of fireworks remaining unsold after the lawful period of sale except in such places of storage as the Code Administra- • tion Manager or his designee shall approve. Unsold stocks of fireworks remaining after the lawful period of sale shall be returned on or before the thirty -first day of July of the same year to the approved storage facilities of any licensed fireworks wholesaler." Section 10. Section 10.15.100 of the City of Yakima Municipal • Code is hereby amended to read as follows: " 10.15.10.100 Non - prohibited Commodities and Acts. The provisions of this Chapter shall not apply to 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 Chapter shall not be construed so as to prohibit the use or tor- pedoes, flares or fuses 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 danger- ous fireworks; nor shall this Chapter prohibit any manufacturer, whole- saler, dealer or jobber having a license and a permit, if .a permit is required by this Chapter, from manufacturing or selling any kind of fireworks for direct shipment out of this state, manufacturing or sell- • ing at wholesale any dangerous fireworks to properly licensed persons holding a permit, if a permit is required by this Chapter, or selling fireworks to persons having a license and a permit for public displays of fireworks." CODE Db Section 11. This ordinance is one to provide for the immediate 4111 preservation of the public peace, property, health, safety and welfare of the people of the City of Yakima and an- emergency is hereby declared to exist and this ordinance shall be in full force and effect immedi- ately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 1St day of June , 1982. 41111i ( C : \ eakM • • Mayor ATTEST; City Clerk / • 4111 CODE D7