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Home My WebLink AboutO-1235 - Fireworks; amends Sec. 9.20.050 and 9.20.110; repeals Sec. 9.20.010 through 9.20.040, 9.20.080 and 9.20.090 (9.20)I T Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.1235: AN ORDINANCE OF THE CITY OF MARYSVILLE AUTHORIZING THE SALE OF ALL FIREWORKS PERMITTED BY THE WASHINGTON STATE LEGISLATURE,ESTABLISHING LICENSING PROCEDURES AND FEES FOR RETAIL OUTLETS,AMENDING SECTIONS 9.20.050 AND 9.20.110 OF THE MARYSVILLE MUNICIPAL CODE,AND REPEALING SECTIONS 9.20.010, 9.20.020,9.20.030,9.20.040, 9.20.080,AND 9.20.090 OF THE MARYSVILLE MUNICIPAL CODE. Section 1.Fireworks--Defined.As used in this Chapter, the term "fireworks"shall mean all fireworks,special fireworks, common fireworks,and pyrotechnics as defined and declared to be legal in Chapter 70.77 RCW. Section 2.Section 9.20.050 of the Marysville Municipal Code is hereby amended to provide as follows: Permit Required.No person,firm,partnership or corporation shall engage in the retail or wholesale sale or transfer of fireworks for any use within the City of Marysville without first having obtained a permit from the City Clerk. Section 3.Permit Procedure.Any non-profit association, duly registered with the State of Washington,with a permanent address in the City of Marysville may apply for a fireworks permit. The application shall be in writing and shall be filed with the City Clerk at least two weeks in advance of the proposed activity.The application shall include the following: A.Proof that the applicant has been issued a fireworks license by the State Fire Marshall. B. A description of the proposed location of the fireworks stand. C.Proof that the applicant is a non-profit association registered with the State of washington. D.Proof that the applicant has an insurance policy with bodily injury liability limits of $50,000.00/$1,000,000.00,and property damage limits of $25,000.00.The City shall be named as an 1 .~-.."..~'.to _. ,.' i· ~dditional insuied party on said policy. E.An annual lice.J!llse fee of .s 5'0,00. Section 4.Action by City Council.Upon seven days advance written notice to the applicant,the City Council shall hold a pUblic meeting on the issuance of a fireworks permit.The City Council shall have power,in its discretion,to grant or deny the application,subject to reasonable conditions,if any,as it shall prescribe.No more than '"fireworks stands shall be permitted within the City limits:A decision of the City Council with respect to an application shall be final. Section 5.Issuance of Permit--Non-Transferable.Upon approval by the City Council of a fireworks permit,the City Clerk shall issue the same to the applicant.The permit shall be for a term of one year.No permit shall be transferable without express approval by the City Council. Section 6.Section 9.20.110 of the Marysville Municipal Code is hereby amended to provided as follows: Operation of Fireworks Stands.The non-profit .association holding the fireworks permit shall operate the fireworks ~tand by and through its:members or designees.No''person under the age of 18 shall staff a fireworks stand.All profits from the operation of such stands shall accrue to the non-profit association holding the permit. Section 7.Enforcement--Revocation of Permit.The City Fire Marshall shall be authorized to enter and inspec~all fireworks stands to assure compliance with the provisions of this Chapter and to protect the pUblic health,safety and welfare.The Fire Marshall is authorized to temporarily revoke any p ermLt,for' cause.Any ~arty aggri~ved by such revocation shall have ~he right to appeal the same to the Cit'y Council within ten (10)days thereafter.The decision of the City Council shall be final. Section 8.Repealer.Sections 9.20~010,9.20.020, 9.20.030,9.20.040,9.20.080 and 9.20.090 of the Marysvi~le Municipal Code are hereby repealed. 2 to'.......• fJ PASSE~the City Council and APPROVED by the Mayor,this ~day of ~~'1982. ::TY /rr~I~Itv~OR Att~est:~~~; By~. ffiCLE Approved as to Form: Bfj>'....~<1tiY A';T~RJf:.- 3 CITY OF MARYSVILLE Marysville,Washington : ORDINANCE NO.1235 I '.AN ORDINANCE OF THE CITY OF: MARYSVILLE AUTHORIZING THE' SALE OF ALL FIREWORKS PERMIT· TED BY THE WASHINGTON STATE. 'LEGISLATURE,ESTABLISHING LICENSING PROCEDURES AND FEES FOR RETAIL OUTLETS,AMENDING SECTIONS 9.20.050 AND 9.20.110 OF THE MARYSVILLE MUNICIPAL CODE,AND REPEALING SECTIONS 9.20.010, 9.20.020,9.20.030,9.20.040,9.20.080,AND 9.20.090 OF THE MARYSVILLE MUNICIPAL CODE. Section 1.Fireworks --Defined.As used In this Chapter,the term "flreworks"shall mean all fireworks,special fireworks, common fireworks,and pyrotechnics as defined and declared to be legal In Chapter 70.77 RCW. Seelton 2.Section 9.20.050 of the Marysville Municipal Code Is hereby amended to provide as follows:. Permit Required.No person,firm,part- nership or corporation shall engage In the retail or wholesale sale or transfer of fireworks for any use within the City of Marysville without first having obtalne~a I permit from the City Clerk.'! Section 3.Permit Procedure.Any non-I profit association,duly registered with the, State Of Washington,with a permanent ad- dress in tile City of Marysville may apply I for a fireworks permit.The application, shall be In writing and shall be filed with the City Clerk at least two weeks in ad- vance of the proposed activity.The ap-, plication shall Include the following:. , A.Proof that the applicant has been: Issued a fireworks license by the State Fire' Marshall.; B. A description of the proposed location, of the fireworks stand.' C. ProOf that the applicant Is a non-profit association registered with the State of Washington.. ·D.Proof that the applicant has an In- surance polley with bodily Injury liability limits of $50,000.00/$1,000,000.00,and pro- perty damage limits of $25,000.00.The City shall be named as an additional insured party on said polley.. E. An annual license fee of $50.00 . .Section 4.Action by City Council.Upon seven days advance written notice to the applicant,the City Council shall hold a public meeting on the Issuance of a fireworks permit.The City Council shall have power,in Its discretion,to grant or deny the application,subject to reasonable conditions,If any,as It shall prescribe.No more than 10fireworks stands shall be per- mitted within the City Il'mlts.A decision Of, the City Council with respect to an appllca-I tlon shall be final. Section 5.Issuance of Permit -- Non Transferable.Upon approval by the City Council of a fireworks .permit,the City i Clerk shall Issue the same to the apptlcent.: The permit shall be for a term Ofone year. No permit shall be transferable without I express approval by the City Council.' Section 6.eectron 9.20.110 of thel Marysville Municipal Code Is hereby amended to provide as follows: Operation of Fireworks Stands.The non-: profit association holding the fireworks, permit shall operate the fireworks stand I by and through Its members or designees. No person under the age of 18 shall staff a fireworks stand.All profits from the ~ operation of such stands shall accrue to the non-profit association holding the permit:I Section 7.Enforcement ••Revocation of' Permit.The City Fire Marshall shall be: authorized to enter and Inspect all fireworks stands to assure compliance with the provisions of this Chapter and to protect the public health,safety and .welfare.The Fire Marshall Is authorized to temporarily revoke any permit,fo.r AFFIDAVIT OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, 55. Jill E.Woodwo:r_tu ,being first duly sworn------------------- and th t h .th se cr e t er-vonoathdeposesansaysa e IS e_......._..t1 _ of THE MARYSVILLE GLOBE, a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washingt~n Laws of 1941, and it is now and has been for more than SIX months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a Ordinance 1235 't_____________________________________________as 1 was published in regular issues (and not in supplement form)of said newspaper once each week for a period of __Q!l_~__con- secutive weeks,commencing on the __J._ath.day of -MA3.---, 19__ea and ending on the __-.l2..t.h day of _May ,19__82 both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- cation is the sum of $__?_~~~_~,which amount has been paid in full _~8__~ Subscribed and s orn to before me this ----d._,_t:__ day of ~19 ?-.;;:/~------~.~~.~~.~..:.~.~~~~. Notary Public In and for the State of Washington, Residing at MarySVille. cause.;Any party aggrieved by such' revocation shall have the right to appeal the same to the City Council within ten (10) days thereafter.The decision of the City .Council shall be final. 'Section 8.Repealer.Sections 9.20.010" 9.20.020,9.20.030,9.20.040,9.20.080 and 9.20.090 of the Marysville Municipal Code are hereby repealed.. PASSED by the City Council and AP- PROVED by the Mayor,this 10th day of May,1982. CITY OF MARYSVILLE By Daryl D.Brennlck,Mayor Attest:By Phillip E.Dexter,City Clerk Approved as to Form: By James H.Allendoerfer, City Attorney Published:May 12,1982