HomeMy WebLinkAboutO-2737 - Amends Ch. 9.20, fireworks (9.20) (3)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO)}"37
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON AMENDING
PORTIONS OF CHAPTER 9.20 FIREWORKS OF THE MARYSVILLE MUNICIPAL
CODE RELATING TO RCW UPDATES, PENALTIES; AND PROVIDING FOR
SEVERABILITY.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASffiNGTON DO ORDAIN AS FOLLOWS:
Section 1.Marysville Mnncipal Code Chapter 9.20 is amended to read as follows:
Chapter 9.20
FIREWORKS
Sections:
9.20.010 State statutes adopted.
9.20.015 Additional definitions.
9.20.020 Date and time limits for sale or discharge ofconsumer fireworks.
9.20.070 Permit procedure.
9.20.080 Action by city council.
9.20.090 Issuance of-Nontransferable.
9.20.110 Operation offireworks stands.
9.20.120 Temporary fireworks stand specifications.
9.20.125 Enforcement -Revocation ofpermit.
9.20.130 Penalties for violations.
9.20.010 State statutes adopted.
The following sections of the State Fireworks Law (Chapter 70.77 RCW) are adopted by
reference, including any amendments to the same which may hereafter be enacted by the state of
Washington:
RCW
70.77.126 Definition of"fireworks."
70.77.131 Definition of"display fireworks."
70.77.136 Definition of"consumer fireworks."
70.77.138 Definition of"articles pyrotechnic."
70.77.141 Definition of"agricultural and wildlife fireworks."
70.77.146 Definition of"special effects."
70.77.160 Definition of"public display offireworks."
70.77.165 Definition of"fire nuisance."
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70.77.180 Definition of"permit."
70.77.190 Definition of"person."
70.77.205 Definition of"manufacturer."
70.77.210 Definition of"wholesaler."
70.77.215 Definition of"retailer."
70.77.230 Definition of"pyrotechnic operator."
70.77.255 Acts prohibited without a license.
70.77.285 Public display permit - Bond.
70.77.290 Public display permit.
70.77.295 Public display permit -Amount ofbond.
70.77.311 Exemptions from licensing.
70.77.335 License authorizes activities ofsalesmen, employees.
70.77.405 Authorized sales oftoy caps, tricks, novelties.
70.77.410 Public displays not to be hazardous.
70.77.415 Supervision ofpublic displays.
70.77.420 Storage permit required.
70.77.425 Approved storage facilities required.
70.77.430 Sale ofstock after revocation or expiration oflicense.
70.77.450 Examination,inspection ofbooks and premises.
70.77.480 Prohibited transfers offireworks.
70.77.485 Unlawful possession offireworks - Penalties.
70.77.488 Unlawful discharge or use offireworks -Penalty.
70.77.510 Unlawful sales or transfers ofdisplay fireworks - Penalty.
70.77.515 Unlawful sales or transfers ofconsumer fireworks - Penalty.
70.77.520 Unlawful to permit fire nuisance where fireworks kept - Penalty.
70.77.535 Articles pyrotechnic,special effects for entertaimnent media.
70.77.545 Violation a separate,continuing offense.
70.77.547 Civil enforcement not precluded.
70.77.580 Posting by retailers oflists ofallowed fireworks.
(Ord. 2409 §1,2002;Ord. 1942 §1, 1993; Ord. 1778 §1, 1990; Ord. 1376 §2,1984).
9.20.015 Additional defmitions.
The following additional definitions shall apply in this chapter:
"Permittee"means any person issued a fireworks permit in conformance with this chapter.
(Ord. 2409 §2, 2002).
9.20.020 Date and time limits for sale or discharge ofconsumer fireworks.
No fireworks shall be sold or discharged within the city except as follows:
(1) The sale of consumer fireworks shall be allowed from 12:00 noon to 11:00 p.m. on June
28th and from 9'00 a.m. to 11:00 p.m. on June 29th through July 4th.
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(2)Consumer fireworks may be discharged July 4th only from 9:00 a.m. to 11:00 p.m. and
December 31st from 9:00 a.m. to 2:00 a.m. on January 1st. (Ord. 2529 § 1, 2004; Ord. 2409 § 3,
2002; Ord. 2031 § 1, 1995; Ord. 1942 §2,1993).
9.20.070 Permit procedure.
Any adult person, firm,partnership,corporation or association may apply for a fireworks
permit;provided,that the applicant must hold a current business license issued by the city, and
must be, or be sponsored by, a person or entity which has a permanent address within the city
limits. The application shall be in writing and shall be filed with the city clerk, at least 30 days in
advance ofthe proposed sale offireworks. The application shall include the following:
(l)Proof that the applicant has been issued a fireworks license or permit by the Chief of the
Washington State Patrol acting through the Director ofFire Protection;
(2) A description ofthe proposed location ofthe fireworks;
(3)Proof that the applicant has an insurance policy with bodily injury liability limits of
$50,0001$1,000,000 for each person and occurrence and $50,000 for property damage liability
for each occurrence.The city shall be named as an additional insured on the policy;
(4) An annual license fee of$50.00;
(5) Subject to MMC 9.20.080, such permit shall be issued if the application meets the
requirements of Chapter 70.77 RCW and all ordinances of the city of Marysville within the
earlier of 30 days after the receipt ofthe application or by June 10th of the calendar year. (Ord.
2409 §4,2002;Ord. 2031 § 2, 1995; Ord. 1592, 1987; Ord. 1241 § 2, 1982; Ord. 1235 § 3,
1982).
9.20.080 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 eight fireworks stands shall be permitted within the city limits. The
decision of the city council with respect to an application shall be final. (Ord. 1241 § 3, 1982;
Ord. 1235 § 4, 1982).
9.20.090 Issuance of-Nontransferable.
Upon approval by the city council of a fireworks permit, the city clerk shall issue the same to
the applicant who thereafter shall be the permittee. The permit shall be for a term ofone year. No
permit shall be transferable without express approval by the city council. (Ord. 2409 §5, 2002;
Ord. 1235 § 5, 1982).
9.20.110 Operation of fireworks stands.
The party holding the fireworks permit shall operate the fireworks stand exclusively by and
through its employees,members or designees. At least one adult person (age 18 or over) shall be
present at all times a fireworks stand is open to the public. No person under 16 years ofage shall
be allowed to sell fireworks or remain within a fireworks stand when it is open to the public.
(Ord. 1778 §2,1990;Ord. 1241 §4,1982;Ord. 1235 §6,1982;Ord. 479 § 11, 1962).
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9.20.120 Temporary fireworks stand specifications.
All retail sales of consumer fireworks shall be permitted only from a retailer at a retail
fireworks stand or outlet that is temporary, and the sale from any other building or structure is
prohibited.
A retail fireworks stand shall be subject to the following provisions, unless preempted by
state-wide standards,in which event the state-wide standards shall apply:
(IrNo retail fireworks stand shall be located within 25 feet of any other building, nor within
50 feet ofany gasoline station.
(2) Retail fireworks stands shall be temporary and need not comply with the provisions of the
building code of the city; provided, however, that all stands shall be erected under the
supervision ofthe fire chief, as defined elsewhere in this code, who shall require that the stand be
constructed in a manner which shall insure the safety of attendants and patrons, shall be wired
according to state or national electrical code, and shall satisfy any state-wide standards issued by
the State Director of Fire Protection. At least two approved fire extinguishers with 2.5 gallons
apiece, or equivalent, shall be maintained at each stand at all times.
(3) Each stand must have two exits.
(4) No retail fireworks stand shall be located closer than 600 feet to another fireworks stand.
(5) All weeds and combustible material shall be cleared from the location of the stand,
including a distance of at least 20 feet surrounding the stand.
(6) "No Smoking" signs shall be prominently displayed on the fireworks stand.
(7)Each retail fireworks stand shall be operated by adults only. No fireworks shall be left
unattended in a stand.
(8) All unsold stock and accompanying litter shall be removed from the location by 12:00
noon on the sixth day of July ofeach year.
(9) The retail fireworks stand shall be disassembled and removed from the location by 12:00
noon on the sixth day ofJuly of each year. (Ord. 2409 § 6, 2002; Ord. 1778 § 3, 1990; Ord. 479
§ 12, 1962).
9.20.125 Enforcement -Revocation ofpermit.
The city fire marshal 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 marshal is authorized to temporarily revoke any permit, for cause. Any party
aggrieved by such revocation shall have the right to appeal the same to the city council within 10
days thereafter. The decision ofthe city council shall be final. (Ord. 1235 § 7, 1982).
9.20.130 Penalties for violations.
(I)Any person violating this chapter shall be guilty ofa misdemeanor, and upon conviction
thereof, shall be punished by a fine not exceeding $1000.00, or by imprisonment in thejail for a
period not exceeding 90 days, or by both such fine and imprisonment. Further, the license shall
be revoked. (Ord. 479 § 13, 1962).
(2) Any person violating portions ofthis chapter specifically designated by this chapter or by
RCW as gross misdemeanor or misdemeanor and upon conviction shall be guilty and punished
for gross misdemeanor by a fine not to exceed $5,000.00 or by imprisonment injail for a period
not to exceed 365 days or by both such fine and imprisonment; for misdemeanor by a fine not to
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exceed &1000.00 or by imprisonment injail for a period not to exceed 90 days or by both such
fine and imprisonment.
(3) Civil Infraction:
(a)Violations involving possession or discharge of small quantities of fireworks unless
specifically designated in this chapter or RCW as gross misdemeanor or misdemeanor is a civil
infraction, and may be cited as a "Civil Infraction".
(i) Upon finding that a violation has been committed the person committing the
act shall be assessed an amount not to exceed $500 plus applicable statutory assessments.
(ii) Such penalty is in addition to any other remedies or penalties specifically
provided by law, nothing in this section precludes the charging ofa misdemeanor or gross
misdemeanor crime as defined under this chapter or RCW.
(iii) Three (3) or more of said "Civil Infraction"within any consecutive two (2)
year period oftime shall be cited as a Misdemeanor as set forth in 9.20.130 (1).
(b)"Civil Infraction"has the meaning given that term by Chapter 7.80 RCW, the
Infraction Rilles for Courts ofLimited Jurisdiction ("IRLJ")and any local rule adopted by the
Marysville Municipal Court.
Section2. Severability.
If any word, phrase,sentence,provision,or portion ofthis ordinance is declared to be invalid or
unenforceable,it shall not affect validity or enforceability ofthe remaining words, phrases,
sentences,provisions or portions ofthis ordinance.
PASSED by the City Council and APPROVED by the Mayor this d,,~day Of~,2008.
CITY OF MARYSVILLE
BY~~~
DENNIS KENDA L,MAYOR
ATTEST:
Approved as to form:
~/o,/0 i",,
BY/)~<W.sz!b,OGit~}i'T K.WEED CITY ATTORNEY
Date ofPublication:I../'-Ihr
Effective Date (5 days'1'ter 'publication):----=-,/---''--I-~'--_
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