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HomeMy WebLinkAbout1984-2782 SALE, USE, & STORAGE OF FIREWORKS , . . ! , ! ORDINANCE NO. 2782 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, 10.15.040, 10.15.050, 10.15.060, and 10.15.090, and enacting Sections 10.15.065 _ 11111 and 10.15.110 as new sections, all of the City of Yakima Municipal Code; and declaring an emergency, WHEREAS, Chapter 244 of Laws of 1984, 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 Ill 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 1 Code is hereby amended to read as follows: , ! , ! . , . , "10.15.010 Definitions. The words and phrases herein used for the pr- pose of this Chapter shall have the meanings respectively ascribed to them in this section, except in those instances where the contex clear- • , 0 ly indicates a different meaning: . : . (a) COMMON FIREWORKS means any fireworks designed ;primarily to produce . , visual or audible effects by combustion. , . (b) PERSON includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or cathbination acting as a unit. ' 1 , ill (c) PUBLIC DISPLAY OF FI•D AIRES means an entertainment feature where All 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. CODE D1 rev. 6/13/84 (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 any firework devices defined by RCW 70.77.311 or its successor. 41 111 0 (g) FIREWORKS means any composition or devise, in a finished state, containing any combustible or explosive substance for the pdrpose of producing a ,visible or audible effect by coMbustion, explosion, deflagration, or detonation, and classified as common or special fireworks. (h) SPECIAL FIREWORKS means any fireworks designed primarily for ex- hibition display by producing visible or audible effects. The term includes (1) fireworks commonly known as skyrockets, missle type rockets, firecrackers, salutes, and chasers, and (2) fireworks not classified as gammon fireworks. 1111 - (i) SPECIAL EFFECTS means any combination of chemical elements or chemical compounds capable of burning independently of the corcygen 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 4110 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 retail or wholesale, any fireworks within the City without having first Obtained a permit to do so. Application for such permit shall be made 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 fifty dollars ($50.00) for each sales outlet. The Code Adminis- tration Manager or his designee shall make an investigation and submit a • report of his findings and his recommendation for or against the issu- ance of the permit, together with his reasons therefore, to the City Council. The City Council Shall, by resolution, deny or grant any such . application. The City Council may place reasonable conditions on any permit it issues. 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 CODE D2 , rev. 6/13/84 • A ■ particular act or acts described in the permit as required by RCW Chap, ter 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 liabil- ity, premises liability and contractual liability, with the applicant 411110 named as insured thereon, and which also shall name, as additional insured parties, the City of Yakima, its officers and employees acting in their capacity as agents of the City." Section 3. Section 10.15.040 of the City of Yakima Municipal Code is hereby amended to read as follows: " 10.15.040 Permit for 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 Code Administration 4110 Manager or his designee on forms provided for that purpose and shall be accompanied by a fifty dollar ($50.00) fee for each display. Applica- tion shall be made at least ten days in advance of the proposed display. The Code Administration Manager or his designee shall investigate whether the character and location of the display as proposed would be hazardous or dangerous to any person or property. Based on the investi- gation the Code Administration Manager or his designee shall submit a report of findings and a recommendation for or against the issuance of a permit, together with reasons, to the City Council. The City Council may grant or deny the application and may place reasonable conditions on any such permit it issues. 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 the City Council grants a permit for the public display of fireworks, the sale, posses- sion 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." CODE D3 rev. 6/13/84 Section 4. Section 10.15.050 of the City of Yakima Municipal 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 1 110 1 '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 capacity as agents of the City. The Code Administration Manager or his designee with the assistance of the City Attorney shall approve such certificate of issuance if it meets the requirements of this section. Section 5. Section 10.15.060 of the City of Yakima Municipal 1111 Code is hereby amended to read as follows: "10.15.060 Sale of Fireworks. Except as permitted by this chapter or state law, it is unlawful to possess discharge or sell at wholesale or retail of any fireworks other than common fireworks. No common fire- works 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 transfer any common fireworks to a consumer or user thereof other than at a fixed place of business or a retailer for which 1 111 a permit has been issued. The transfer 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 prohibited. No common fireworks may be sold or discharged between the hours of eleven o'clock p.m. and nine o'clock a.m." Section 6. Section 10.15.065 is hereby enacted as a new section of the City of Yakima Municipal Code to read as follows: "10.15.065 Special Purchase and Use Permits. A. Religious organiza- tions or private organizations or persons may purchase or use common fireworks and such audible ground devices as firecrackers, salutes and chasers if: COLE D4 rev. 6/13/84 " • . , (1) Purchased from a manufacturer, importer or wholesaler licensed pursuant to BCW Chapter 70.77; , (2) For use on prescribed dates and locations; (3) For religious or specific purposes; and (4) A permit is Obtained from the Code Administration Manager or his designee. 11110 • B. Applications for a permit required under this section 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 ($50.00) fee for each private or religious use of fireworks authorized by this section. The Code Administration Manager or his designee shall investigate whether the character and location of the proposed use would be hazardous or dangerous to any person or property. Based on such investigation, the Code Administration Manager or his designee may grant or deny such permit and either the Code Administration Manager or his designee may place reasonable conditions on any permit they may issue. 4110 No such permit Shall be transferable. If such permit is issued it Shall be lawful only for the uses set forth in it. A permit authorized by this section shall not be issued unless the applicant is over the age of eighteen years and files with the Code Administration Manager or his designee a certificate of insurance in the amount to be set by the Code Administration Manager or his designee based upon the nature and extent of the proposed lireworks use and the risks involved. Such insurance shall be combined single limit covering bodily injury. liability, property damage liability, including products liability, premises liability and contractual liability, with the appli- cant named as insured thereon and which insurance certificate shall also name, as additional insured parties, the City of Yakima, its officers and employees acting in their capacity as agents of the City." Section 7. Section 10.15.090 of the City of Yakima Municipal Code is hereby amended to reu as follows; • "10.15.090 Storage of Fireworks. It is unlawful for any person to store any fireworks within the City of Yakima without a permit for such stor- age from the Code Administration Manager or his designee. A person proposing to store fireworks shall apply in writing to the Code Adminis- tration Manager or his designee 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 Administration Manager or his designee shall III investigate whether the character and location of such storage as pro.; posed would constitute a hazard to property or be dangerous to any person. Based on the investigation, the Code Administration Manager or his designee may grant or deny the application. The Code Administration ODDE D5• rev. 6/13/84 , . • Manager or his designee may place reasonable conditions on any permit • granted. It shall be 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 Administration Manager or his desig- • • nee shall approve. Unsold stocks of common fireworks remaining after the lawful period of sale shall be returned on or before the thirty- 11110 first day of July of the same year to the approved storage facilities of any licensed fireworks wholesaler." Section 8. Section 10.15.110 is hereby enacted as a new section to read as follows: "10.15.110 Enforcement. The Code Administration Manager or his designee is designated as the enforcing officer of this chapter. Violations of any provision of Chapter 70.77 RCW, this chapter, or a permit issued hereunder, any failure of refusal on the part of the permittee to obey any rule, regulation or request of the Code Administration Manager or his designee concerning fireworks, shall be grounds for the revocation 1110 of a fireworks permit. Enforcement of this chapter Shall not be construed for the particular benefit of any individual person or group of persons, other than the general public. In the event of a conflict between the intent of this section and any other section of this chapter, this section shall govern in so far as applicable." . , Section 9. 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 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 26th . day of June , 1984. Mayor ATTEST: • ' • City Clerk Publication Date 6 / 28 4 8 4 Effective Date 6/29/84 CODE D6 . rev. 6/13/84