HomeMy WebLinkAboutR-1992-D6181 FireworksRESOLUTION NO, D 6181
A RESOLUTION providing for the submittal to the electors of the City of
Yakima, Washington, enactment of an ordinance banning
the sale, storage, use, possession and discharge of
fireworks within the City of Yakima to be vote upon at a
special election to be held in conjunction with the State
General Election to be held on November 3, 1992.
WHEREAS, Section 10.15.060 of the City of Yakima Municipal Code reads
as follows:
"10.15.060 Sale and discharge of fireworks. A. Except as permitted by this
chapter and State law, it is unlawful to possess, discharge or sell at wholesale or
retail of any fireworks other than common fireworks. 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 containing not more than twenty-five
hundredths grain of explosive compound 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 fireworks to a consumer or user thereof under the
age of sixteen years and other than at a fixed place of business or a retailer for
which 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
p.m. and nine a.m.
B. It is unlawful for a person to ignite, discharge, use or explode any
common fireworks except between the hours of 9:00 a.m. and 11:00 p.m. on July
4th.
C. It is unlawful for any person to sell any common fireworks to a
person under sixteen years of age"; and
WHEREAS, the City Council of the City of Yakima proposes to the electors
of the City of Yakima that Section 10.15.015 of the City of Yakima Municipal Code
be enacted to read as provided herein below, so that the sale, possession, use,
discharge and storage of fireworks would be banned in the City of Yakima; and
WHEREAS, the City Council of the City of Yakima desires to call a special
election to be held in conjunction with the State General Election to be held on
November 3, 1992, for the purpose of submitting to the electors of the City of
Yakima, for their approval or rejection, a proposition as to whether or not Section
10.15.015 of the City of Yakima Municipal Code should be enacted and that
Sections 10.15.020, 10.15.030, 10.15.060, 10.15.080 and 10.15.090 should be repealed;
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and the City Council hereby finds and declares an emergency to exist so as to
authorize such special election be called; now, therefore,
BE IT :RESOLVED BY THE CITY COUNCII. OF THE CITY OF YAK MA:
Section 1. the City Council of the City of Yakima does hereby propose to the
electors of the City of Yakima that Section 10.15.015 of the City of Yakima
Municipal Code be enacted to read as follows and that Sections 10.15.020,
10.15.030, 10.15.060, 10.15.080, and 10.15.090 of the City of Yakima Municipal Code
be repealed:
"10.15.015 Fireworks Ban
Except as otherwise provided in this chapter, it is unlawful for
any person to store, offer for sale, expose for sale, use, possess, fire or
discharge any fireworks.
Sections 10.15.020, 10.15.030, 10.15.060, 10.15.080, and 10.15.090,
all of the City of Yakima Municipal Code, are hereby repealed.
The foregoing ordinance shall be effective on January 1, 1994."
Section 2. A special election be held in conjunction with the State General
Election to be held on November :3,1992, at which special election there shall be
submitted to the electors of the City of Yakima for their approval or rejection a
proposition as to whether or not Section 10.15.015 of the City of Yakima Municipal
Code shall be enacted as proposed in Section 1 of this Resolution, and that
Sections 10.15.020, 10.15.030, 10.15.060, 10.15.080 and 10.15.090 shall be repealed.
Section 3. The ballot proposition to be submitted to the electors shall read
as follows: (see attached and incorporated Official Ballot Proposition)
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OFFICIAL BALLOT PROPOSITION
Effective January 1, 1994, shall Section 10.15.015 of the City of
Yakima Municipal Code be enacted making it unlawful for any person to
store, offer for sale, expose for sale, use, possess or discharge any
fireworks within the City of Yakima, all as more fully provided in
Resolution No. D- of the Yakima City Council?
FOR THE BALLOT PROPOSITION / /
AGAINST THE BALLOT PROPOSITION / /
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Section 4. That the Auditor of Yakima County, Washington, is hereby
requested to submit the foregoing proposition to the electors of the City of Yakima
for their approval or rejection at a special election to be held in conjunction with
the State General Election to be held on November 3, 1992, all in accordance with
applicable laws; and the Clerk of the Council is hereby directed to notify the
Auditor of Yakima County, Washington, of the passage of this Resolution and to
do all other things necessary in the time and manner required by law to the end
that the proposition set out herein and above shall be submitted to the electors of
the City of Yakima, Washington, as set forth in this Resolution. Specifically
upon passage of this Resolution, the City Clerk is hereby directed to transmit two
certified copies of it to the Yakima County Auditor with its exhibits.
ADOPTED BY THE CITY COUNCIL this 2-L -Lci day of September.1992.
ATTEST:
City Clerk
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Mayor
CERTIFICATION
I, KAREN S. ROBERTS, the undersigned, the duly chosen, qualified and
acting Clerk of the City of Yakima, Washington, and keeper of the records
of the Council of the City (herein called the "Council"), DO HEREBY CERTIFY:
That the attached Resolution No. D- , is a true and correct copy
of a resolution of the City, as adopted at a meeting of the Council held on
the 1st day of September, 1992, and duly recorded in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City this day of September, 1992.
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Karen S. Roberts, City Clerk
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