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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 1 -2- 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 k. , . .- .. -3- 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. •