HomeMy WebLinkAbout0480 ResolutionRESOLUTION NO. G (�
WHEREAS, The unauthorized use of firecrackers, torpedoes,
rockets, and other forms of fireworks does increase the danger of
fire, cause personal harm, and generally disturb the peace; and
WHEREAS, Many counties, cities, and towns have banned
the sale and use of fireworks in order to help protect life, limb
and property; and
works; and
WHEREAS, A few communities have allowed the sale of fire-
WHEREAS, Fireworks purchased in these few communities do
find their way into and disturb many peaceful communities and do
endanger health and property in spite of vigorous attempts to curb
the use of same; therefore be it
RESOLVED, That the Council of the City of Pasco appeal
to those few communities to help us protect life, property and
peace by banning the sale of fireworks; and
RESOLVED, That the Council of the City of -casco ask all
other communities to join us in a drive to outlaw the unauthorized
use of fireworks; and
RESOLVED, That the Council of the City of Pasco request
that the Legislature of the State of Washington take steps to
protect our health, our property, and our peace by banning the
sale and use of fireworks throughout the State, except for such
supervised public displays as may be authorized by the State Fire
Marshall,
PASSED by the City Council_ and APPROVED by the Mayor this
7th day of February, 1961,,.
MAYOR
At t e s t
City Clerk
Approved as "t form:
it y
Attorney
' LEGISLATIVE COUNCIL
SUBCOMMITTEE ON CITIES, TOWNS, AND COUNTIES
MODEL STATE FIREWORKS LAW
AN ACT To prohibit the sale, offering or exposing for sale of fire+o
works; defining fireworks and to regulate the manner of using
fireworks, and to provide penalties for the violation of the
provisions of the act.o
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Section 1. The term "fireworks" shall mean and include any
combustible or explosive composition, or any substance or combination
of substances, or article prepared for the purpose of producing a
visible or an audible effect by combustion, explosion, deflagration
or detonation, and shall include blank cartridges, toy pistols, toy
cannons, toy canes, or toy guns in which explosives are used, the
type of balloons which require fire underneath to propel the same,
fire -crackers, torpedoes, skyrockets, Roman candles, Daygo bombs,
sparklers, or other fireworks of like construction and any fireworks
containing any explosive or flammable compound, or any tablets or
other devise containing any explosive substance, except that the
term "fireworks" shall not include toy pistols, toy canes, toy guns
or other devices in which paper caps manufactured in accordance with
the United States interstate commerce commission regulations for
packing and shipping of toy paper caps are used and toy pistol paper
caps manufactured as provided therein, the sale and use of which
shall be permitted at all times*
Section 2. Except as hereinafter provided it shall he unlawful
for any person, firm, copartnership, or corporation to offer for
sale, expose for sale, sell at retail, or use or explode any fire-
works: PROVIDED, That the state fire marshal shall have power to
adopt reasonable rules and re gulations for the granting of permits
for supervised public displays of fireworks by municipalities, fair
associations, amusement parks, and other organizations or groups of
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individuals. Every such display shall be handled by a competent
operator to be approved by the chiefs of the polic e and f ire
departments of the municipality and/or fire district in which the
display is to be held and shall be of such a character, and so
located, discharged or fired as in the opinion of the chief of the
fire department, after proper inspection, shall not be hazardous
to property or endanger any person or persons. application for
permits shall be made in writing at least fifteen days in advance
of the date of the display. After such privilege shall have been
granted, sales, possession, use and distribution of fireworks for
such display shall be lawful for that purpose only. No permit
granted hereunder shall be transferable.
Section 3• The governing body of the municipality shall require
a bond deemed adequate by tie municipality from the licensee in a
sum not less than five hundred dollars conditioned for the payment
of all damages which may be caused either to a person or persons
or to propety by reason.of the licensed display, and arising from
any acts of the licensee, his agents, employees or subcontractors.
Section 4. Nothing in this act shall be construed to prohibit
any resident wholesaler, dealer, or jobber to sell at wholesale
such fireworks as are not herein prohibited; or the sale of any
kind of firegorks provided the same are to be shipped directly out
of the state; or the use of fireworks by railroads or other transport-
ation agencies for signal purposes or illumination, or the sale or
use of blank cartridges for a show or theater, or for signal or
ceremonial purposes in athletics or sports, or for use by military
organizations.
Section 5. The state fire marshal shall seize, take, remove,
or cause to be removed at the expense of the owner all stocks of
fireworks or combustibles offered or exposed for sale, stored, or
held in violation of th-Is'act.
Section 6. Any person, firm, copartnership, or corporation
violating the provisions of this act shall be guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine not exceed-
ing one hundred dollars or by imprisonment in the county jail not
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exceeding ninety days, or by both such fine and imprisonment.
Section 7. Any provision of any act in this state inwonsistent
with any provision of this act is hereby repealed.
Section 8. this act shall take effect immediately.
The regulations referred to are designated "Code of Federal Reg-
ulations of the United States of America, Title 49, Transportation
& Railroads, Part 74", and limit the explosive content to not more
than an average of twenty-five hundredths (.25) of a grain per
cap. In cases where general reference to the I.C.C. regulations
is not acceptable for legal reasons, the specific limitation of
an average twenty=five hundredths of a grain of explosive content
per cap may be substituted.
The state fire marshal may delegate his authority to the local
municipal authorities. States not having a state fire marshal
will substitute'name of appropriate state official or department.
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