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ORD 15-808ORDINANCE NO. 15 -808 AN ORDINANCE of the City of Federal Way, Washington, repealing Chapter 12.55 relating to Fireworks and adopting new Chapter 6.63 relating to Fireworks. WHEREAS, chapter 70.77 RCW is the state law relating to fireworks sale and use; and WHEREAS, notwithstanding chapter 70.77 RCW, the State Legislature has not preempted the ability of local jurisdictions to adopt ordinances related to fireworks and has expressly authorized local ordinances that are more restrictive than state law; and WHEREAS, the City Council has previously found that the risk of fire and property damage is increased by the sale and use of both "dangerous" and "consumer" fireworks as defined by RCW 70.77.136 and that banning the display of fireworks by those who have not obtained a City- issued display permit reduces the risks associated with fireworks; and WHEREAS, the regulation of fireworks is a function of protecting the Public Safety and Welfare, and therefore, regulations controlling the use of fireworks are more appropriately located under Title 6 of the Federal Way Revised Code (FWRC); and WHEREAS, increasing the fine for illegal use of fireworks to $300 and adopting criminal sanctions consistent with state law is an appropriate method of enforcing this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Chapter 12.55 FWRC, "Fireworks," is hereby repealed in its entirety. Section 2. Title 6 of the Federal Way Revised Code is amended to add a new Chapter 6.63, "Fireworks," as follows: Ordinance No. 15 -808 Page 1 of 6 Sections: Chapter 6.63 FIREWORKS Article I. Generally 6.63.010 Definitions. 6.63.020 Construction. 6.63.030 Non - prohibited acts — Signal purposes, forest protection. 6.63.040 Special effects for entertainment media. 6.63.050 Possession, use, sale and discharge of fireworks unlawful. Article II. Permits 6.63.060 Permit required — Display of fireworks. 6.63.070 Application for public display permit. 6.63.080 Permit fees. 6.63.090 Issuance — Nontransferable — Voiding. 6.63.100 State - licensed pyrotechnician required. 6.63.110 Plan -view of site. 6.63.120 Reinforcement of fire protection. 6.63.130 Removal of combustible debris. 6.63.140 Disposal of undischarged fireworks. 6.63.150 Revocation of permit. 6.63.160 Areas of public access. Article I. Generally 6.63.010 Definitions. The definitions in RCW 70.77.120 through 70.77.241 are adopted by reference. Ordinance No. 15 -808 Page 2 of 6 6.63.020 Construction. This chapter is intended to implement and supplement Chapter 70.77 RCW and shall be construed to be consistent with that law and any and all rules or regulations issued by the state pursuant thereto. 6.63.030 Non - prohibited acts — Signal purposes, forest protection. This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination, or for use in forest protection activities. 6.63.40 Special effects for entertainment media. This chapter does not prohibit the assembling, compounding, use and display of special effects of whatever nature by a person engaged in the production of motion pictures, radio or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the city to purchase, possess, transport or use pyrotechnic devices. 6.63.050 Possession, use, sale and discharge of fireworks unlawful. Except as authorized by state license and a city public display permit granted pursuant to this chapter and RCW 70.77.260 (public display) or RCW 70.77.311 (use by group or individual for religious or other specific purpose on approved date and as approved location), it is unlawful for any person to possess, use, sell, discharge or explode fireworks of any kind within the city. Violation of this section is a civil infraction punishable by a fine of $300. Any person who discharges or uses a firework in a reckless manner that creates a substantial risk of death or serious physical injury to another person or damage to the property of another is guilty of a gross misdemeanor. Article II. Permits 6.63.60 Permit required – Display of fireworks. It is unlawful for any person to engage in a public display of fireworks within the city without a valid permit issued by the city pursuant to the provisions of this Chapter and Chapter 70.77 RCW. 6.63.70 Application for public display permit. Any person desiring to put on a public display of fireworks shall apply in writing to the local fire official for a public display permit at least fourteen days in advance of the proposed display. The applicant shall submit information and evidence consistent with WAC 212 -17 -270 and proof of bond or liability insurance as required by state law. Upon receipt of the local fire official's report submitted to the city pursuant to Chapter 70.77 RCW, the city building official shall review the local fire official's recommendation as to Ordinance No. 15 -808 Page 3 of 6 the issuance of the permit and grant the application if it meets the requirements of Chapter 70.77 RCW and this chapter. Permits may be issued with conditions as outlined in FWRC 6.63.120. 6.63.80 Permit fees. The application fee for a city permit shall be assessed per the City Fee Schedule maintained by the city clerk. 6.63.90 Issuance — Nontransferable — Voiding. A public display permit issued pursuant to this chapter is valid only for the specific event described in the permit application. Permits are nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit. 6.63.100 State - licensed pyrotechnic operator required. All public fireworks displays shall be planned, organized and discharged by a state - licensed pyrotechnic operator. 6.63.110 Plan view of site. A drawing shall be submitted with an application for the display of fireworks permit showing a plan view of the fireworks discharge site and of property within 900 feet of the site. The drawing shall include all structures, fences, barricades, streets, fields, streams and anything that may potentially catch flame. The drawing shall also highlight any potential impediment to firefighting efforts. 6.63.120 Reinforcement of fire protection. When recommended as appropriate by the local fire official, a permit may be authorized with conditions deemed necessary to mitigate risks to public health, safety and welfare. For example, a permit may be issued contingent on a fire department pumper and a minimum of two trained firefighters being on site 30 minutes prior to and after the event. The cost of such conditions fall on the applicant. Firefighter wages and equipment costs shall be compensated per the Washington State Chiefs Association's fee schedule. 6.63.130 Removal of combustible debris All combustible debris and trash shall be removed from the area of discharge and 300 feet in all directions. 6.63.140 Disposal of undischarged fireworks. All unfired or "dud" fireworks shall be disposed of in a safe manner. Ordinance No. 15 -808 Page 4 of 6 6.63.150 Revocation of permit. The city building official may summarily revoke a fireworks display permit at any time the local fire official determines that the planned display causes unacceptable risks to public health, safety and welfare. For example, a permit may be revoked for an applicant's noncompliance with required conditions of the permit, a change in weather conditions, or the ignition of an accidental fire in the vicinity due of the display. 6.63.160 Areas of public access. Areas of public access at the display location shall be determined by the local fire authorit and maintained in a manner a..roved b the local fire authorit Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force one (1) year from and after its passage and publication, as provided by law. Ordinance No. 15 -808 Page 5 of 6 PASSED by the City Council of the City of Federal Way this 1st day of December, 2015. CITY OF FEDERAL WAY ATTEST: ERK, STEPHANIE RTNEY, CMC APPROVED AS TO FORM: ala CITY AT RNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: 11/13/2015 PASSED BY THE CITY COUNCIL: 12/01/2015 PUBLISHED: 12/04/2015 EFFECTIVE DATE: 12/04/2016 ORDINANCE NO.: 15 -808 Ordinance No. 15 -808 Page 6 of 6