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HomeMy WebLinkAbout3779 Ordinance ORDINANCE NO. -.J-I"7 9 AN ORDINANCE of the City of Pasco, Washington, Designating the Possession and Use of Fireworks as a Civil Infraction Amending Section 16.40.110 and Section 16.40.180 WHEREAS, the City of Pasco has, pursuant to State law (RCW 70.77.250), previously banned the sale, possession and discharge of consumer fireworks within the City which had, heretofore, constituted a gross misdemeanor; and WHEREAS, to facilitate the more efficient enforcement of this ban, it has been determined that violations should be designated as a civil infraction,NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 16.40.110 entitled "Substitution for Section 3305.1 of the IFC" of the Pasco Municipal Code shall be and hereby is amended and shall read as follow: 16.40.110 SUBSTITUTION FOR SECTION 3305.1 OF THE IFC. Section 3305.1 of the International Fire Code is omitted and the following shall be substituted in its place: Section 3305.1 Manufacture. Sale and Discharge of Fireworks. (1) The manufacture of fireworks is prohibited within the City and all districts, except by special permit, and only in I-1 (light industrial) and I-2 (heavy industrial). (2) Except as herein provided, it is unlawful for any person to possess, store, offer for sale, expose for sale, sell at retail, or use, or explode, fire, or discharge any fireworks. Violation of this subsection shall constitute a civil infraction punishable by a civil penalty not to exceed Two Hundred and Fifty Dollars ($250.00) for each violation_ EXCEPTION: (a) The use of fireworks by railroads or other transportation agencies for signaling or illumination. (b) The sale or use of blank cartridges for theatrics, signaling or ceremonial purposes. (c) The use of fireworks by the United States Armed Forces. (3) The Fire Chief is authorized to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks. Applicants shall meet all Ordinance Amending Section 16.40.110 and Section 16.40.180 - 1 qualifications and requirements of State law regarding public display of fireworks and all fire and safety requirements as set forth here in the standards for public display. Every operator shall have first obtained a state license pursuant to RCW 70.77.300. The display shall be of such character and so located, discharged or fired that, after proper inspection, shall not be hazardous to property or endanger any person. (Ord. 3670 Sec. 12, 2004; Ord. 3316 Sec. 14, 1998.) Section 2. That Section 16.40.180 entitled "Violations - Penalties" of the Pasco Municipal Code shall be and hereby is amended and shall read as follow: 16.40.180 VIOLATIONS - PENALITIES. Except as specifically provided within this Chapter, Aany person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a gross misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than one year, or by both such fine and imprisonment. (Ord. 3316 Sec. 14, 1998.) Section 3. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council f the City of Pasco, Washington, and approved as provided bylaw this day of () e , 2006. Joyce o Mayo ATTEST: APPROVED AS TO FORM: Webster U. Jackson Ltty . Kerr City Clerk Attorney Ordinance Amending Section 16.40.110 and Section 16.40.180 -2