HomeMy WebLinkAbout4385 OrdinanceORDINANCE NO. L/3 65
AN ORDINANCE of the City of Pasco, Washington
Amending Section 16.40.050 "Substitution for Section 5608 of
the IFC Fireworks"; Adopting Section 16.40.051 "Substitution
for Section 5601.1.3 of the IFC -Fireworks"; Amending
Section 16.40.060 "Amendment of Section 5608.2 Fireworks
Permits, to the IFC"; Adopting Chapter 5.80 "Fireworks Sales
and Wholesale Distribution"; and Amending Section 3.07.050
"Business Licenses"
WHEREAS , the City of Pasco has found that fireworks when purchased and used in
compliance with the laws of the State of Washington and according to the provisions and
requirements of this Ordinance, are legal ; and
WHEREAS, the City of Pasco has found that its current Pasco Municipal Code
provisions banning the storage , sale, possession, or discharge of any fireworks shall be amended
to allow under certain conditions the sale and discharge of fireworks that are not specifically
banned. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 16.40.050 entitled "Substitution for Section 5608 of the IFC
Fireworks " of the Pasco Municipal Code shall be and hereby is amended and shall read as
follows:
16.40.050 SUBSTITUTION FOR SECTION 5608 OF THE IFC -FIREWORKS
DISPLAY. Section 5608.1 of the International Fire Code is hereby amended to read as follows:
Section 5608.1 FIREWORKS DISPLAY: E1Ee~t as herein provided, it shall be unlfrWful for any
person to store, offer for sale, expose for sale or use , possess , fire , or diseharge any fireworks.
The Fire Chief shall have the authority to adopt reasonable rules and regulations for the granting
of permits for supervised public display of fireworks by the municipality, fair association,
amusement parks , and other organizations. Every such display shall be handled by a competent
operator approved by the Fire Chief. Every operator shall have first obtained a Washington State
Pyrotechnic license pursuant to RCW 70.77.305 and WAC Chapter 212-17 . The display shall be
of such a character, and so located, discharged or fired as in the opinion of the Fire Chief after
proper inspection, shall not be hazardous to property or endanger any person. 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£: Any person ha-ving the
neeessary lieenses from the State of Washington may possess and store fireworks in the City of
Paseo at 8:fl. appro,,ed loeation properly zoned therefore, for the purpose of the distribution of
sueh fireworks for retail sale outside the eity limits. (Ord . 4108 , 2013; Ord . 3694 , 2010; Ord.
3670 Sec. 12 , 2004 ; Ord. 3316 Sec. 14 , 1998.)
Ordinance -Fire Prevention Code - 1
Section 2. That a new Section 16.40 .051 entitled "Substitution for Section 5601.1.3
of the IFC -Fireworks" of the Pasco Municipal Code shall be and hereby is adopted and shall
read as follows:
16.40.051
FIREWORKS .
SUBSTITUTION FOR SECTION 5601.1.3 OF THE IFC
(1) The possession, manufacture , storage, sale, handling of fireworks are prohibited
except those permitted under subsection (2) below, or exempt under subsection (3) below.
(2) Permitted Fireworks. Consumer fireworks as defined by RCW 70.77.136, which
are small devices designed to produce audible affects such as a whistling device, ground device
containing 50 milligrams or less of explosive materials , except aerial devices , or such other
devices that may be launched, discharged, or may become airborne . Approved consumer
fireworks for the purpose of this section shall be identified from the Washington State Patrol list
of consumer fireworks pursuant to RCW 70.77.575 and posted upon the City 's website at
www.pasco-wa.gov, and generally identified under the Washington State Patrol Fire Protection
Bureau -Prevention Division website as Consumer Fireworks for Sale in Tents and Stands.
(3) Exceptions:
(a) Storage and handling of fireworks as allowed in Section 5604 by persons
or entities having the required licenses from the State of Washington for manufacture,
storage and wholesale distribution of fireworks at a location zoned Industrial and
approved by the City for the purpose of the distribution of such fireworks for retail sale in
or outside City limits .
(b) The use of fireworks for fireworks displays as allowed in Section 5608
(Fireworks Display).
( c) Possession, storage , sale , and handling of specific consumer fireworks as
defined in subsection (2) above.
( 4) The City Manager or his/her designee , after consulting with the fire chief, police
chief, other officials and information as deemed appropriate, may prohibit the discharge of all
fireworks during periods of extreme fire emergency. The City Manager or his/her designee shall
consider relevant advisory notices from such organizations as Emergency Management Division
Washington, Franklin County Emergency Management and regional declarations of emergency
in making a decision to enact emergency restrictions on the discharge of fireworks.
(5) Retail sales of permitted consumer fireworks, as provided in section (2) above ,
shall be allowed within City limits in certain zones and during specific dates of each year and
also subject to other criteria as provided for in this chapter and in PMC 5.80 "F ireworks Sales
and Wholesale Distribution."
Ordinance -Fire Prevention Code - 2
(6) Discharge of Fireworks . Permitted consumer fireworks may be used for
discharge only on the dates and times permitted by RCW 70.77.395 , consisting of each day
between the hours of 12 :00 noon and 11:00 p .m . on the 28th day of June ; between the hours of
9:00 a.m . and 11 :00 p.m. on the 29th day of June to the 3rd day of July; on the 4th day of July
between the hours of 9:00 a.m. and 12 :00 midnight ; between the hours of 9:00 a.m. and 11 :00
p .m . on the 5th day of July; and from 6:00 p .m. on the 31 st day of December until 1 :00 a .m. on
the 1st day of January the subsequent year.
(7) Limitation on Use .
(a) Supervision. It shall be unlawful for a parent, guardian, or other person
responsible for a child under the age of sixteen (16) to allow that child to possess , use ,
discharge , or transport any fireworks unless that child is under the immediate supervision
of an adult. It shall be unlawful for any person under the age of sixteen (16) to possess ,
use, discharge , or transport any fireworks unless under immediate supervision of an adult
(18 years old or older). It shall be unlawful for any person or entity to sale or gi ve
fireworks to anyone under the age of sixteen (16) years unless that person is under the
immediate supervision of an adult (18 years old or older).
(b) Smoking and the discharge of fireworks shall be prohibited within 100
feet of any building or stand in which fireworks are sold at retail or stored after hours , or
to discharge or permit discharge of fireworks in close proximity to any structure ,
combustible material , or person creating unreasonable risk of harm.
( c) It is unlawful to use , fire , or discharge any fireworks along the route of or
during any parade or other place of public assembly , or in any commercial district.
( d) It is unlawful at any time to throw or toss any fireworks at any person ,
animal , vehicle, thing or object.
( e) It is unlawful to have in possession, use , fire , or discharge any fireworks in
any public park within the City, including vehicle parking areas , within or adjacent to a
park.
(8) Violation of this Chapter shall constitute a civil infraction punishable by a civil
penalty of not less than $250.00 for each violation. Each discharge of a non-permitted firework
shall be deemed a separate offense.
Section 3. That Section 16.40.100 entitled "Amendment of Section 5608.2 Fireworks
Permits , to the IFC " of the Pasco Municipal Code shall be and hereb y is amended and shall read
as follows:
16.40.100 AMENDMENT TO SECTION 109.4 VIOLATIONS AND PENALITES
OF THE IFC. Section 109 .4 of the 2015 International Fire Code is amended to read as follows:
Section 109.4 Violations -Penalties: Except for violations of PMC Section 16.40.051, any
person, firm or corporation violating a provision of this chapter which is not also a violation of
Ordinanc e -Fire Prevention Code -3
any other provisions of this Title or the codes adopted thereby, or shall fail to comply with the
requirements thereof or who shall erect, install , alter, repair, or do work in violation of the
approved construction documents or direction of the fire code official, or of a permit or
certificate used under the provisions of this chapter, or operate or maintain an occupancy,
premises, or vehicle subject to this chapter who allow a hazard to exist or fail to take immediate
action to abate a hazard on such occupancy, premises , or vehicle when ordered to do so by the
fire code official , shall be guilty of a gross misdemeanor. Each day that violation continues after
due notice has been served , shall be deemed a separate offense. (Ord. 4296 , 2016 ; Ord . 4108 ,
2013 ; Ord. 3964, 2010; Ord. 3670 Sec. 12 , 2004 ; Ord . 3316 Sec. 14 ,1998.)
Section 4. That a new Chapter 5.80 entitled "FIREWORKS SALES AND
WHOLESALE DISTRIBUTION " of the Pasco Municipal Code shall be and hereb y is adopted
and shall read as follows :
Sections:
5.80 .010
5.80 .020
5.80 .030
5.80 .040
5.80 .050
5.80 .060
5.80 .070
5.80.080
5.80.090
5.80.100
5.80.110
Chapter 5.80
FIREWORKS SALES AND WHOLESALE DISTRIBUTION
License Required.
Premises .
Permit Fee.
Term of License.
Application for License .
Investigation and Determination.
Timing for Filing of Application .
Fireworks Sales Requirements.
Code Infraction -Civil Penalty.
Revocation of License .
Appeal.
5.80.010 LICENSE REQUIRED . It shall be unlawful for any person or entity to
conduct, operate, sponsor, distribute, or promote a retail fireworks sales business for the purpose
of buying or selling fireworks without a license issued by the City pursuant to the provisions of
this chapter. A separate license shall be required for each retail and distribution location.
5.80 .020 PREMISES . The business of selling or distributing retail consumer
fireworks shall be conducted only within a temporary stand or tent as approved by the City Fire
Marshal at a location that meets the distance requirements as provided below within a
commercial zone.
5.80 .030 PERMIT FEE . The nonrefundable fee for this fireworks sales business
license shall be set forth in PMC 3.07.050(E)(13 ). A separate fee shall be imposed for each
license term (Fourth of July and the New Year 's license term).
Ordinance -Fire Prevention Code - 4
5.80 .040 TERM OF LICENSE . There are two (2) fireworks sales license terms for
which an applicant may apply. The Fourth of July license term shall commence at 12 :00 a.m. on
the 28th of June of each year; and terminate at 9:00 p .m. on the 5th day of July of each calendar
year. The New Year 's license term shall commence at 12:00 noon on the 27th day of December
of each year, and expire at 11 :00 p.m. on the 31 st of December of each year. The City will issue
a maximum of two (2) wholesale distribution licenses , and only four ( 4) firework sales licenses
within a 12-month period. If approved, the licenses will be issued on a first come basis .
5.80 .050 APPLICATION FOR LICENSE. Any person or entity desiring to secure
a fireworks sales license shall make application through the City 's Business Licensing Service
on a form to be provided by the City which shall include , but not be limited to the following:
(1) The name or names and address of the applicant , the location or locations upon
which the fireworks sales shall be conducted , and a notarized written authorization from the real
property owner of the location or locations upon which fireworks sales shall occur.
(2) A valid Washington State license and proof of a liability insurance policy with
coverage of not less than $50 ,000 ; and $500,000 for bodily injury liability for each person or
occurrence , respectively; and not less than $50 ,000 for property damage liability for each
occurrence, or such policy as may comply with the requirements ofRCW 70 .77 .270.
5.80.060 INVESTIGATION AND DETERMINATION . Upon receipt of the
completed application, supplemental documentation, and the application fee , the City Business
Licensing Service shall refer the application to the City Fire Marshal , who shall conduct an
investigation and inspection of the applicant , business activity, and business locations to
determine compliance with applicable codes , siting requirements , eligibility of the applicant,
including the applicant's past compliance with applicable rules , regulations , and ordinances. The
Fire Marshal shall submit a report of findings and a determination to approve or deny the license
application. Denial of the application may be appealed by the applicant as provided below .
5.80 .070 TIMING FOR FILING OF APPLICATION. An application for fireworks
sales business license for the Fourth of July license term shall be submitted no later than June 11,
2018 for the 2018 calendar year. The application shall be granted or denied by the City on or
before 5:00 p.m. on June 20 , 2018 for the 2018 calendar year. In all the years thereafter, a
completed application shall be submitted to the City no later than May 10 which application shall
be approved or denied by June 10, or no more than thirty (30) days after receipt of the completed
application, whichever date first occurs. Applications for the New Year 's license term shall be
submitted no later than November 10 of each year and shall be approved or denied by the City by
December 10 , or no more than thirty (30) days after receipt of the completed application,
whichever date first occurs .
5.80 .080 FIREWORKS SALES REQUIREMENTS .
A) Applications for license shall not be accepted nor license issued to individuals
under the age of eighteen (18) years of age. No person under the age of eighteen (18 ) years of
age shall be employed by the licensee in connection with the retail sales of fireworks.
Ordinance -Fire Prevention Code -5
B) Retail sales of consumer fireworks shall only be allowed within the City from
12 :00 noon to 11 :00 p.m. on the 28th day of June of each year; from 9:00 a.m. to 11 :00 p .m. on
each day from the 29th of June through the 4th of Jul y of each year; and from 9:00 a .m . to 9:00
p .m. on the 5th day of July for the Fourth of July license term . Sale of fireworks shall only be
allowed within the City from 12 :00 noon to 11 :00 p.m. on each day from the 27th of December
through the 31 st day of December of each year during the New Year 's license term as required by
RCW 70 .77.136 .
C) Fireworks sales shall only be permitted in commercial zones within the City.
D) Fireworks inventory, storage and sales shall only be permitted within temporary
stands or tents as approved by the Fire Marshal of the City, and shall be prohibited within
permanent structures or the locations which pose a safety risk.
E) Fireworks stands shall provide no smoking signs in red letters , not less than 2" in
height, on white background. All signs shall be maintained in a legible condition and shall be
placed and displayed so as to be clearly visible and readable a minimum of 20 feet from the
location in which fireworks are sold or stored .
F) Each firework sales location shall have not less than two water-type extinguishers
of not less than two and one-half gallon capacity or the equivalent.
G) There shall be at least two exits from all stands and temporary structures from
which fireworks are sold . The two exits shall be unobstructed and open from the ground level to
at least six feet in height.
H) There shall be no accumulation of dry grass , paper, cardboard, trash , lumber, or
other combustibles within 100 feet of any fireworks sales location.
I) Fireworks shall not be sold within 100 feet of any flammable or combustible
liquid or liquid petroleum gas dispenser.
J) The fireworks sales stand used for the sale of fireworks shall be removed from the
premises no later than seven (7) days from the last date of sales. Any stand or structure
remaining beyond this date may be removed by order of the Pasco Chief of Police at the expense
of the licensee or property owner.
K) The fireworks business licensee shall distribute, with each sale of fireworks ,
safety literature as approved by the City of Pasco Fire Marshal. The Fire Marshal may require
approved safety posters to be mounted in conspicuous locations at each fireworks sales location.
L) It is unlawful for any person or entity to sale or give fireworks to anyone under
the age of sixteen (16) unless that person is under the immediate supervision of an adult (18
years of age or older). Signs shall be posted prominently at each fireworks sales location which
state :
Ordinance -Fire Prevention Code - 6
"IT IS UNLAWFUL TO SALE OR GIVE FIREWORKS TO ANYONE
UNDER THE AGE OF SIXTEEN (16) YEARS UNLESS THAT
PERSON IS UNDER THE IMMEDIATE SUPERVISION OF AN
ADULT EIGHTEEN (18) YEARS OF AGE OR OLDER. IT SHALL BE
UNLAWFUL FOR A PARENT , GUARDIAN , OR OTHER PERSON
RESPONSIBLE FOR A CHILD UNDER THE AGE OF SIXTEEN (16)
YEARS OF AGE TO ALLOW THAT CHILD TO POSSESS , USE ,
DISCHARGE , OR TRANSPORT ANY FIREWORKS UNLESS THAT
CHILD IS UNDER THE IMMEDIATE SUPERVISION OF AN
ADULT."
M) Smoking and the discharge of fireworks shall be prohibited within 100 feet of any
fireworks sales location .
N) There shall be prominently posted at each fireworks sales location a list of the
fireworks that may be sold to the public and approved for sale within the City of Pasco as
required by RCW 70.77.580 .
0) The fireworks business license shall be conspicuously posted at each fireworks
sales location and shall be produced for inspection upon the request of any authorized City
official or employee.
P) The firework sales location cannot be within 50 feet of any structure and cannot
be within 25 feet of any property line or City right-of-way . The actual location of structures and
improvements must comply with the approved site plan.
5.80.090 CODE INFRACTION -CIVIL PENALTY. Any person or entity
violating any of the provisions or failing to comply with any requirements of this chapter, upon a
finding that the act or omission has been committed, shall be guilty of a civil infraction and shall
be punished by a fine of not less than one hundred fifty dollars ($150.00) no more than three
hundred fifty dollars ($350.00). Each such person or entity is guilty of a separate infraction for
each and every day during any portion of which any violation of any provision of this chapter is
committed, continued or permitted by such person or entity and shall be punished as stated
above.
5.80.100 REVOCATION OF LICENSE . Any license issued under this Chapter
may be revoked , in writing , by the City Manager upon determination by the City Fire Marshal
for any of the following causes:
A) Any fraud , misrepresentation, or false statement contained in the application for
the license .
B) Any fraud , misrepresentation, or false statement made in connection with the
selling of any products at the fireworks sales location.
Ordinance -Fire Prevention Code -7
C) Any violation of this chapter.
D) Causing or permitting an unreasonably dangerous condition to exist, or conduct or
action at a fireworks sales location that creates an unreasonable risk of harm.
E) Conducting the business license under this chapter in an unlawful manner or in
such a manner as to constitute a breach of the peace or to constitute a substantial risk to the
health, safety and general welfare of the public.
5.80.110 APPEAL. Any applicant of licensee aggrieved by the denial of an
application for a license, or by the revocation of a license, shall have the right to an appeal before
the City Hearing Examiner pursuant to PMC 2.19.080(G). Any appeal must be submitted in
writing and filed with the City Clerk no later than fourteen (14) calendar days after the notice of
decision has been served upon, or mailed by certified mail, to the applicant or licensee address
contained in the license application, including a written statement setting forth the grounds for
the appeal.
Section 5. That Section 3.07.050 entitled "Business Licenses" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
3.07 .050 BUSINESS LICENSES
A) License Base Fee
B) Employee Fee -per full time equivalent
C) Late Penalty:
1) Rentals -Dwelling units, per license
D) Rental Dwellings -includes first unit
(No maximum fee)
Each additional unit
E) Special Events :
1) Athletic, Competitive or Festival
2) Auction Sales -for 3 days
3) Carnivals & Circuses -first day fee
a) Each and every day after first
4) Concert
5) Dance Hall -without liquor
6) Dance Hall -with liquor
7) Demonstration
Ordinance -Fire Pr evention Code -8
Fee/Charge
$80.00
$20.00
20% of amount due
$50.00
$10.00
$25 .00
$75.00
$275.00
$125.00
$25.00
$75.00
$350 .00
$15 .00
Reference
5.04.160
5.04 .160
5.78.018
5.78.018
5.78.018
5.25 .070
5.25.070
5.25.070
5.25 .070
5.25.070
5.25.070
5.25.070
5.25.070
8) Outdoor Music Festival $25.00 5.25.070
9) Parade $15.00 5 .25 .070
10) Public Dance $15 .00 5.25.070
11) Temporary Special Sales Event -$40.00 for the first 5 .25 .070
(maximum for event $500 .00) v endor
a) Each additional vendor $20.00
12) Street and Intersection Closure $50 .00 5.25.115
Review Fee (A)(5)
.ill Fireworks Sales and Wholesale 3.07.050
Distribution
a} Fourth of July License Term $115.00 5.80.030
-fire safety insi2ection ($75 .00}
-license fee ($40 .00}
b} New Year License Term $115 .00 5.80.030
-fire safety ins12ection (~75.00}
-license fee ($40.00}
F) Solicitors $150.00 5.08.050
G) Pawnshop $250.00 5.12 .012
H) Amusement Device Distributor $500.00 5 .20.100
1) Amusement Device User -1-6 machines $50.00 5.20 .100
2) Amusement Device User -6+ machines $100 .00 5 .20.100
I) Adult Entertainment Facility: $700.00 5.27.110
1) Adult Entertainer $150 .00 5 .25.110
2) Adult Waitperson $150.00 5.27.110
3) Adult Ent. Bus. Mgr. $150.00 5.27.110
J) Taxicab & Transportation Network
Company Licensing
1) Annual For-Hire (Taxicab/TNC) 5.45A.040
Business License Application Rev iew
And Business License Fee in the
amount as follows :
Companies employing or contracting $300.00
w ith ten (10) or fewer dri v ers .
Ordinance -Fire Prevention Code - 9
Companies employing or contracting $700.00
with eleven (11) to forty ( 40) dri vers .
Companies employing or contracting $2 ,000.00
with forty-one ( 41) or more drivers.
2) Annual For-Hire Driver Business $40 .00 5.45A.050
License
3) Photograph (as applicable) $5 .00 5.45A.060
4) Fingerprints ( as applicable) $10.0~ 5.45A.060
5) Criminal History Check ( as applicable) $30 .00 5.45A.060
6) WSP/FBI Criminal History Check $34 .75 5.45A.060
K) Sidewalk Sales No fee 5.56.010
L) Mobile Home Park
1) Inspection fee $20.00 19.12.030
M) Yard Sale Permit No Fee 5.52.020
1) Yard Sale Sign Violation $50.00 17.050.020
(Ord. 4372 , 2017 ; Ord. 4342 , 2017 ; Ord . 4321 , 2016 ; Ord. 4154 , 2014 ; Ord . 4100 , 2013 ; Ord .
4074 ,2012 ;0rd.3857 ,2008 ;0rd.3766,2006;0rd.3764,2006 ;0rd.3759,2006;0rd.3543 ,
2002).
Section 6. 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 of the City of Pasco , Washington, and approved as
provided by law this JJs/day of J.d~ , 2018 .
~fl; -------
Matt Watkins , Mayor
APP ~D AS TO FORM: ~,,..~
Leland B. Kerr, City Attorney
Ordinance -Fire Prevention Code -10