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HomeMy WebLinkAbout1992-3467 Fireworks W ORDINANCE NO. 34(37 AN ORDINANCE relating to fire; limiting the sale of fireworks for 1992 to June 30th through July 4th; declaring an emergency; and amending Subsection 10.15.060A of the City of Yakima Municipal Code. WHEREAS, Yakima County has experienced an unusually dry winter and spring resulting in extremely dry and severe condi- tions in the City of Yakima's open spaces; and WHEREAS, the unusually dry conditions and hot weather have created an extreme fire danger within the City of Yakima and throughout Yakima County; and WHEREAS, Yakima County has already experienced two mas- sive range fires which consumed over 20,000 acres and de- stroyed homes, farm buildings, and crop lands in Rattlesnake Hills and White Swan areas and which severely strained the fire fighting resources of county governments in the Yakima Indian Nation; and WHEREAS, fireworks have traditionally caused a large number of fires in the City of Yakima during the Fourth of July holiday season; and WHEREAS, given current conditions, the danger of firework- caused fires will be especially high during the 1992 Fourth of July celebration; and WHEREAS, the State of Washington Department of Community Development Fire Protection Services Division has required county commissioners statewide to consider limiting or banning fireworks during the 1992 Fourth of July season; and WHEREAS, the Board of Yakima County Commissioners along with representatives of the Yakima Indian Nation Tribal Coun- cil, and representatives of the City of Yakima and other cities, towns, and fire districts throughout Yakima County met on June 12, 1992 and agreed on the need for joint action to limit the sale and discharge of fireworks during the 1992 season in light of the extreme fire danger; now, therefore, 4 I/ 1 - 1 - (ord\firewrks.jv2) BE IT HEREBY RESOLVED by the City Council of the City of Yakima as follows: Findings of Fact. 1. The City Council of the City of Yakima finds that dry conditions have created an extreme fire danger in the City of Yakima as evidenced by recent range fires. 2. In light of the extreme fire danger, there is a need to further restrict the sale of fireworks during the 1992 Fourth of July holiday season and such restrictions have been demonstrated effective in reducing fireworks fires. 3. The City Council of the City of Yakima declares an emergency due to the severe drought conditions and extreme fire danger in the City of Yakima and Yakima County. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Subsection 10.15.060A of the City of Yakima Municipal Code shall be amended to read as follows: "10.1 Sale and discharge of fireworks. A. Except as permitted by this chapter and state law, it is lir unlawful to possess, discharge or sell at wholesale or retail of any fireworks other than common fire- works. 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 eleven p.m. on the fourth day of July of each year; provided, however, that toy pistols, toy canes, toy guns or other similar devices, in which paper caps con- taining not more than twenty -five hundredths grain of explosive com- pound for each cap used, may be sold at all times. Provided, further, that for the year 1992, no common fireworks shall be sold or offered for sale at retail within the City of Yakima except from twelve noon on the thirtieth day of June to eleven p.m. on the fourth day of July. No person shall sell any common fire- works to a consumer or user thereof under the age of sixteen years and other than at a fixed place of 4110 business or a retailer for which a - 2 - (ord\firewrks.jv2) permit has been issued. The trans- fer of fireworks ownership, whether by sale at wholesale 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 prohib- ited. No common fireworks may be sold or discharged between the hours of eleven p.m. and nine a.m." Section 2. This ordinance is one to provide for the immediate preservation of the public peace, property, health or safety. It shall be effective upon passage and publica- tion. PASSED BY THE CITY COUNCIL, signed and approved this W day of , 1992. Mayor ATTEST K ah-e--, � City Clerk Publication Date: CA Effective Date: (P����� - 3 - (ord\firewrks.jv2)