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Initiative Petition - Correspondence
a 411 King County Records, Elections and CITYOFRENTON Licensing Services Division Department of Executive Services JUN 0 4 2007 King County Administration Building 500 Fourth Avenue,Room 553 RECEIVED Seattle,WA 98104-2337 CITY CLERK'S OFFICE 206-296-1540 206-296-0108 Fax 711 TTY Relay May 31, 2007 City Clerk City of Renton 1055 S Grady Way Renton, WA 98055 Dear City Clerk: Enclosed is a copy of your itemized cost apportionment for the General Election held on November 7, 2006. RCW 29A.04.410 states that election costs are to be borne by the participating jurisdictions based upon their proportionate share and that King County is to transfer funds to cover these costs. Each jurisdiction's cost is apportioned based upon its registered voter population as a percentage of the total registered voter population of all participating jurisdictions. Please do not pay this notice of election cost directly. This billing will be charged to your account via interfund transfer effective on June 15, 2007. The cost of the Voters' Pamphlet is not included in the attached election cost allocation. The Voters Pamphlet cost allocation and related billing process will be completed in the next few days and invoices will be prepared and mailed. If you have any questions regarding this transaction, please call Sean Bouffiou at 206-296- 1596. Sincerely Sherril Huff Director Designee Enc. de : m [ • I � Now _, * APPORTIONMENT OF ELECTION EXPENSE FOR THE GENERAL ELECTION HELD IN KING COUNTY, WASHINGTON ON NOVEMBER 7, 2006 Sum of Registered Voters for all participating jurisdictions/districts 1,480,596 COSTS: Polling Places $70,680.00 Election Officials(poll workers) $552,556.42 Extra help $1,366,379.16 Election Support Section $1,429,500.00 Administration $155,539.00 Advertising $21,407.48 Printing $664,687.47 Postage and Mailing Service $262,049.21 Transportation $22,030.18 Miscellaneous Supplies and Services $17,481.52 SUBTOTAL ELECTION COSTS $4,562,310.44 County Support $36,933.00 Capital Cost Recovery $51,222.00 SUBTOTAL OVERHEAD $88,155.00 Minimum Fee Subtraction ($700.00) ELECTION COSTS TO BE ALLOCATED $4,649,765.44 Costs Apportioned to: City of Renton Registered Voters: 26,143 Percentage Factor: .017657080 Polling Places $1,248.00 Election Officials (poll workers) $9,756.53 Extra help $24,126.27 Election Support Section $25,240.80 Administration $2,746.36 Advertising $377.99 Printing $11,736.44 Postage and Mailing Service $4,627.02 Transportation $ 388.99 Miscellaneous Supplies and Services $ 308.67 SUBTOTAL ELECTION COSTS $80,557.07 County Support $652.13 Capital Cost Recovery $904.43 SUBTOTAL OVERHEAD $1,556.56 Minimum Fee Subtraction $- 12.36 ELECTION COSTS ALLOCATED $82,101.27 Minimum Fee $ 50.00 Total Election Cost Allocation $82,151.27 w '— Re : Voier 's Pari hlef P Measure Information - King County Page 1 of 3 King County Local Voteu,... Pamphlet November 7, 2006 General & Special Election CITY OF RENTON PROPOSITION NO. 1 INITIATIVE MEASURE CONCERNING FIREWORKS This measure would revoke the City of Renton's ban on the sale and discharge of all fireworks within the city, except for publicly sponsored displays and would allow for the sale and discharge of consumer fireworks on certain days within certain hours,to commemorate Independence Day and the New Year, and would set regulations for the sale and discharge of fireworks and penalties for violations. Should this measure be enacted into law? YES NO EXPLANATORY STATEMENT The City of Renton currently bans the sale or discharge of all fireworks except for displays authorized by the Renton City Council under permit issued under City Code and the Washington Administrative Code, if required. Proposition 1 would repeal this ban on the sale and discharge of fireworks.A permit would be required to manufacture, import, possess or sell any fireworks except no permit would be necessary for possession or use of consumer fireworks lawfully purchased at retail. Consumer fireworks could be sold for eight days from June 28 to July 5 of each year and for five days from December 27 to December 31 of each year. Consumer fireworks could be discharged on three days,from July 3 to July 5 and from 6:00 p.m.on the 31st day of December until 1:00 a.m. on the 1st day of January each year. No person could sell consumer fireworks except at a fixed place of business for which a license and permit have been issued.Temporary stocks of fireworks could be stored only in such places as approved by the Fire Chief and fireworks that are unsold following the permitted sales dates, could be stored in a permanent storage place or magazine approved by the Fire Chief or the Chief of the Washington State Patrol. It would be unlawful to sell fireworks to any person under the age of eighteen years and seller shall require proof of age.The Fire Chief could suspend or revoke any permit issued pursuant to this Initiative upon any failure or refusal of the permittee to comply with any provisions of this Initiative or Chapter 70.77 RCW. Violations would be criminal in nature and a misdemeanor or gross misdemeanor as set forth in the Initiative. Public displays and entertainment displays would be permitted by valid permit issued by the City. Statement For Statement Against It is often said that to ensure our future safety it In 2004 the Renton City Council unanimously is necessary for all citizens to share the American enacted a ban on the sale and use of fireworks within Experience. Fireworks on the Fourth of July are the City of Renton. Regarding noise, injuries, and part of the shared American celebration.A property damage,the results have been dramatic. In common culture is not about watching someone 2003 through 2004,the last years when fireworks could else and it's not about leaving it to the be used,city residents suffered over a half million professionals. It is about going out to your street dollars in damage to homes and property. In 2005 with friends and neighbors and joining in. Culture through 2006,the first two years of the ban,the loss means participation; it means freedom for citizens was less than$2,000,and city residents enjoyed a safe to invent their part of the celebration.The flashes and peaceful Independence Day. and booms of fireworks are the memory and echo Now the self-serving fireworks industry has pushed of our hard-won freedoms. Fireworks are an initiative to the November ballot that if approved will Lexington and Concord remembered,the repeal the fireworks ban.And incredibly, if approved, Declaration of Independence re-proclaimed,the the initiative would not only allow the sale and use of Constitution re- fireworks for virtually the entire week before ratified. Let us vote to return that tradition for our Independence Day,but would also allow a similar sale youth and to keep those memories for all ages. and use of fireworks during the week before New How will we continue to have a common culture, Year's Day. if ordinary To avoid the terror to wildlife and pets,to avoid the avenues of expression are prohibited?The answer destruction of homes and properties,to avoid the is paradoxically a country that is less safe. It can horror of injuries,and to avoid a war-zone-like be seen across Renton that fireworks are the key atmosphere in parts of the city, please vote NO on this to our most participatory cultural celebration.Vote initiative.A NO vote will keep the fireworks ban intact. yes to retain the memories,to renew the cultural http://www.metrokc.gov/elections/contests/measureinfo.aspx?cid=22966&eid=1215 10/14/2006 Mgasure Information- King County Page 2 of 3 tradition,and to restore our fireworks. Rebuttal Of Statement ge Rebuttal of Statement Against Contrary to the statement of the fireworks corporations and their supporters,there is nothing to Our ultimate safety is not secured with ill- celebrate about fireworks that set fire to a neighbor's conceived prohibitions which criminalize good house or property.There is nothing to celebrate about citizens.To the contrary, individual familiarity with the constant boom-boom-boom of fireworks that disturb moderate risk is necessary in a free nation,to people, pets, and wildlife for two weeks each year.And instill a comprehension of self-responsibility. there is nothing to celebrate about fireworks-caused Citizens whose senses are increasingly dulled by injuries to children. For our safety and well-being, prohibitory restrictions do not make safe citizens in please vote NO on this initiative. the result;there is no bargain.Vote yes to restore community celebration with fireworks and end the STATEMENT PREPARED BY: Matthew D. Devine, prohibition. Marci Johnson STATEMENT PREPARED BY: Rowland Martin, Gerald P. Darst Complete Text of Resolution CITY OF RENTON, WASHINGTON RESOLUTION NO. 3830 A RESOLUTION OF THE CITY OF RENTON,WASHINGTON, REQUESTING THAT THE KING COUNTY DIVISION OF RECORDS AND ELECTIONS CALL A SPECIAL MUNICIPAL ELECTION,TO COINCIDE WITH THE GENERAL ELECTION TO BE HELD ON NOVEMBER 7TH,2006,AND PLACE PROPOSITION NO. 1 BEFORE THE QUALIFIED ELECTORS OF THE CITY OF RENTON ON THE NOVEMBER 7,2006, BALLOT. WHEREAS,proponents submitted to the office of the City Clerk an initiative petition to lift the fireworks ban within the City of Renton, and adopt an ordinance establishing the times and conditions under which fireworks could be sold and used; and WHEREAS,the office of the City Clerk forwarded the petition to the King County Division of Records and Elections for certification whether the petition bore a sufficient number of valid signatures to qualify for introduction to the City Council;and WHEREAS,On February 8, 2006,the King County Division of Records and Elections certified that the petition was insufficient; and WHEREAS,on February 23,2006, proponents filed an amendment to the petition containing additional signatures;and WHEREAS,the office of the City Clerk forwarded this amended petition to the King County Division of Records and Elections for certification whether the petition bore a sufficient number of valid signatures to qualify for introduction to the City Council;and WHEREAS,on March 13, 2006,the King County Division of Records and Elections certified that the initiative petitions bore sufficient valid signatures to qualify for introduction to the City Council; and WHEREAS,the initiative was not adopted by the Renton City Council, and pursuant to law, must be submitted to the voters of the City of Renton; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I.The above findings are true and correct in all respects. SECTION II.The City of Renton requests, in the form of this Resolution, that King County call a special municipal election to coincide with the November 7,2006, general election, and place Proposition 1 before the qualified electors of the City of Renton in the November 7,2006, ballot. SECTION III.The City Clerk is authorized and directed to take those actions necessary to place Proposition 1 before the voters on the November 7, 2006, election. SECTION IV.The City Attorney has prepared the following ballot title for Proposition 1.The City Clerk is authorized to transmit this ballot title to King County Division of Records and Elections: CITY OF RENTON INITIATIVE MEASURE CONCERNING FIREWORKS This measure would revoke the City of Renton's ban on the sale and discharge of all fireworks within the city, except for publicly sponsored displays and would allow for the sale and discharge of consumer fireworks on certain days within certain hours,to commemorate Independence Day and the New Year, and would set regulations for the sale and discharge of fireworks and penalties for violations. Should this measure be enacted into law? ? Yes http://www.metrokc.gov/elections/contests/measureinfo.aspx?cid=22966&eid=1215 10/14/2006 Measure Information - King County Page 3 of 3 ? No SECTION V.The Mayor is authorized and directed to take those actions necessary to place the information regarding Proposition 1 in the November, 2006, voter's pamphlet. SECTION VI.Actions taken prior to adoption of this resolution that are consistent with it are hereby ratified and confirmed. PASSED BY THE CITY COUNCIL this 11th day of September,2006. Bonnie I.Walton, City Clerk (signed) APPROVED BY THE MAYOR this 11th day of September, 2006. Kathy Keolker, Mayor (signed) http://www.metrokc.gov/elections/contests/measureinfo.aspx?cid=22966&eid=1215 10/14/2006 L 1014Arik City of Riton Now Proposition No. 1 G?, cl Ballot DIM-1p Explanatory Statement The City of Renton currently bans the sale or discharge of all fireworks except for PROPOSITION NO.1 displays authorized by the Renton City Council under permit issued under City Code and INITIATIVE-MEASURE the Washington Administrative Code,if required.Proposition 1 would repeal this ban on CONCERNING FIREWORKS the sale and discharge of fireworks.A permit would be required to manufacture,import, This measure would revoke the City of Renton's ban possess or sell any fireworks except no permit would be necessary for possession or use on the sale and discharge of all fireworks within the of consumer fireworks lawfully purchased at retail. Consumer fireworks could be sold for eight days from June 28 to July 5 of each year and for five days from December 27 to city,except for publicly sponsored displays and would December 31 of each year.Consumer fireworks could be discharged on three days,from allow for the sale and discharge of consumer fireworks July 3 to July 5 and from 6:00 p.m. on the 31"day of December until 1:00 a.m. on the on certain days within certain hours,to commemorate 1"day of January each year.No person could sell consumer fireworks except at a fixed Independence Day and the New Year, and would set place of business for which a license and permit have been issued.Temporary stocks of regulations for the sale and discharge of fireworks and fireworks could be stored only in such places as approved by the Fire Chief and fireworks penalties for violations. that are unsold following the permitted sales dates,could be stored in a permanent storage place or magazine approved by the Fire Chief or the Chief of the Washington State Patrol. Should this measure be enacted into law? It would be unlawful to sell fireworks to any person under the age of eighteen years and seller shall require proof of age.The Fire Chief could suspend or revoke any permit issued Q YES pursuant to this Initiative upon any failure or refusal of the permittee to comply with any NO provisions of this Initiative or Chapter 70.77 RCW.Violations would be criminal in nature and a misdemeanor or gross misdemeanor as set forth in the Initiative.Public displays and entertainment displays would be permitted by valid permit issued by the City. It is often said that to ensure our future safety it is necessary for all In 2004 the Renton City Council unanimously enacted a ban on citizens to share the American Experience.Fireworks on the Fourth the sale and use of fireworks within the City of Renton. Regarding of July are part of the shared American celebration.A common cul- noise,injuries,and property damage,the results have been dramatic. hire is not about watching someone else and it's not about leaving it In 2003 through 2004,the last years when fireworks could be used, to the professionals.It is about going out to your street with friends city residents suffered over a half million dollars in damage to homes and neighbors and joining in. Culture means participation;it means and property. In 2005 through 2006,the first two years of the ban, freedom for citizens to invent their part of the celebration.The flashes- the loss was less than$2,000,and city residents enjoyed a safe and and booms of fireworks are the memory and echo of our hard-won peaceful Independence Day. freedoms. Fireworks are Lexington and Concord remembered, the Now the self-serving fireworks industry has pushed an initiative to Declaration of Independence re-proclaimed, the Constitution re- the November ballot that if approved will repeal the fireworks ban. ratified.Let us vote to return that tradition for our youth and to keep And incredibly,if approved.the initiative would not only allow the sale those memories for all ages. and use of fireworks for virtually the entire week before Independence How will we continue to have a common culture, if ordinary Day.but would also allow a similar sale and use of fireworks during avenues of expression are prohibited?The answer is paradoxically a the week before New Year's Day. country that is less safe.It can be seen across Renton that fireworks To avoid the terror to wildlife and pets,to avoid the destruction of are the key to our most participatory cultural celebration. Vote yes homes and properties,to avoid the horror of injuries,and to avoid a to retain the memories,to renew the cultural tradition,and to restore war-zone-like atmosphere in parts of the city,please vote NO on this our fireworks. initiative.A NO vote will keep the fireworks ban intact. Rebuttal of statement against Rebuttal of statement for Our ultimate safety is not secured with ill-conceived prohibitions Contrary to the statement of the fireworks corporations and their which criminalize good citizens.To the contrary,individual familiarity supporters,there is nothing to celebrate about fireworks that set fire with moderate risk is necessary in a free nation,to instill a compre- to a neighbor's house or property.There is nothing to celebrate about hension of self-responsibility.Citizens whose senses are increasingly the constant boom-boom-boom of fireworks that disturb people,pets, dulled by prohibitory restrictions do not make safe citizens in the and wildlife for two weeks each year.And there is nothing to celebrate result;there is no bargain.Vote yes to restore community celebration about fireworks-caused injuries to children.For our safety and well- with fireworks and end the prohibition. being,please vote NO on this initiative. STATEMENT PREPARED BY:Rowland Martin,Gerald P.Darst STATEMENT PREPARED BY:Matthew D.Devine,Marci Johnson The Records,Elections and Licensing Services Division is not authorized to edit statements,nor is it responsible for the contents therein. ss The complete text of this proposition is available at the Elections Office or visit www.metrokc.gov/elections. , iGTON -1- sTATE,oF wA 4"s ,HI Voters, pamphlet • - -----,""•....'''---:',7- - '` , . V",,-,---,-.A.t.,,,,t4.,-A,-, ;,:,/,,,,--",-%-rz,.-',,,,„-• • '''''' ''''.;',' .'7:1'5;1 3;',..'b,'''''' 4,-,r4.1,',--':-.4:1 ,';'-",.--,".',' ",-'' - ,,,,,-..,-,,, , ;:i -' 'i- _,,:'-''' \ \-' ' . 4,-;:-.4"*.,1?4.--,,, 7riltil.:-• ,,,--_,..-7,•:*--.1:4„Fr--;?/,' '' ' ,;-,,. --.,-- ' - :I.,„ `r- s \ \ ;:.---' L-TrA71414410,il-g:- t-4,;•ts-4•44--ii.--4,1*-4ft---` 4 '''- 't.„ ''', '-'411W: , Aciolti } / :- .', if 61.eral Election , „r. 2.,---,,,-,-* '4 - ,•:, ()V* ‘i ber 7, 2006 ;litre O Jo1 2--`-3 , ow The 2007 Pt•mar , song from september ,- - ,. ,,_-7 --r,•:-::- . r•-----....^,;.,,,,Ir-wf,""%f.r to Alig il St 2 2°1 - t.,::„, • ..... ii*,1,,-tv417.i0' . -- :.;-.2--..; ed, i _ J V E Y Published by the Office of the Secretary of State 4,-;.' King County Records,Elections and Licensing Services Division STATE OF WASHINGTON • v _ Secretary of State Sam Reed NONPROFIT ORG. ,any Legislative Building U.S.POSTAGE iii;-774,,,,,,,,,,,:57:,, .. PO Box 40220 PAID Olympia WA 98504-0220 voters, SEATTLE,WA PERMIT No.1216 ECRWSS MOW , (i r General le tion a y t,s r November 7,2006 Edition 2Residential Customer �o-1- % _o f R "M14 ' i,,r(1 ,,,- EDITION 2 3 mpg , :°:-.,,t"."*""'"*"""""7- ,. . 98001 98002 98003 98010 98013 98022 98023 98030 ( 98031 98032 98035 98038 98042 98047 98051 98054 98055 98056 98057 98058 98059 98062 98063 98064 98070 98071 98089 98092 98093 98148 98158 98166 98168 98188 98198 v r King County Carrier Routes Only ' '',, „ J ' E 4 98354 98422 k, : 1 ,. ,,. a4 „.„ x Published by the Off it70 of the secretary of State ,,t. q; Kin*County Records,Election and Licensing Services Division November 13,2006 '1`/ Renton City Council Minutes Sor, Page 390 AUDIENCE COMMENT Inez Petersen, PO Box 1295, Renton,98057,voiced her pleasure with the Citizen Comment: Petersen- efforts of the Highlands Zoning Task Force. She expressed concern regarding Various due process issues pertaining to the Comprehensive Plan public hearings,noting that the ordinances adopted may be based on an invalid public hearing process. Ms. Petersen also questioned why non-Renton residents are allowed on the City's boards and commissions. Additionally, she indicated that while the Police Department has addressed some problems related to prostitution,there are more problems that need attention, especially one in an area near a church. Citizen Comment: DeMastus- Sandel DeMastus, Highlands Community Association Vice President,PO Box Prostitution Problems 2041, Renton, 98056,thanked the police for their work on addressing some prostitution problems,and expressed her hope that the work will continue. Citizen Comment: McOmber- Howard McOmber,475 Olympia Ave.NE, Renton, 98056, complimented all Highlands Area those who are working hard to improve the Highlands neighborhood. He noted Redevelopment that everyone has a right to express their opinions. Mr. McOmber stated that Renton is a wonderful place to live,and one of the reasons for that is the City's diverse population. Citizen Comment: Madson- Lori Madson, 1301 SW 16th St., Renton,98056, chair of the Committee to Citizen Initiatives Fireworks Keep Renton Safe,expressed her pleasure that Renton will maintain its ban on Ordinance fireworks as a result of the vote on Renton Proposition 1. Additionally,she thanked those who campaigned against the proposition. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Council President Corman, item 6.e.was removed for separate consideration Council Meeting Minutes of Approval of Council meeting minutes of 11/6/2006. Council concur. 11/6/2006 Community Services: Holiday Community Services Department recommended approval of a contract in the Lights Program, Sun Lighting amount of$62,778.43 with Sun Lighting for the 2006 Holiday Lights Program. Council concur. Comprehensive Plan: 2007 Economic Development,Neighborhoods and Strategic Planning Department Amendments,Pre-Applications submitted two pre-applications for the 2007 Comprehensive Plan amendment pre-application review process. Refer to Planning and Development Committee. Utility: Sewer Moratorium in Economic Development,Neighborhoods and Strategic Planning Department East Renton Plateau PAA recommended setting a public hearing on 11/27/2006 to consider extending the moratorium on sewer availabilities for new subdivisions in the East Renton Plateau Potential Annexation Area. Council concur. Plat: Cottages at Honey Creek, Hearing Examiner recommended approval,with conditions,of the Cottages at NE Sunset Blvd, PP-04-185 Honey Creek Preliminary Plat Major Amendment;4.17 acres located at 4821 NE Sunset Blvd. Council concur. Police: Jail Inmate Health Police Department recommended approval of a contract with Occupational Services,Occupational Health Health Services(Public Hospital District No. 1 of King County) in the amount Services of$176,376 for health services for Renton jail inmates for 2007. Council concur. Transportation: May Creek Transportation Systems Division recommended approval of a contract in the Bridge Replacement Design, amount of$146,174 with Parametrix,Inc. for design of the May Creek Bridge Parametrix Replacement Project. Council concur. November 6,2006 Renton City Council Minutes Page 375 * The Burlington Northern Santa Fe railroad bridge over Shattuck Ave. S. recently suffered damage when a vehicle hit an abutment. The one-way underpass under the bridge is now closed on an emergency closure basis to allow for repairs, which could take up to three weeks. The railroad line will remain in operation during the repairs. AUDIENCE COMMENT Kirk Moore, 1901 Harrington Circle NE, Renton, 98056, stated that the Citizen Comment: Moore- Highlands Zoning Task Force removed R-10 zoning from consideration for the Highlands Zoning Task Force Highlands Subarea Plan. He indicated that task force members are working hard to develop a plan for the area that meets everyone's needs,and he thanked Planning Manager Rebecca Lind and Senior Planner Erika Conkling for their assistance. Citizen Comment: Petersen- Inez Petersen,3306 Lake Washington Blvd. N.,#3, Renton,98056, spoke on 2007 Budget the topic of the proposed 2007 Budget. Referring to the 2006 property tax total rate of increase, she noted that the increase comes mainly from new construction and suggested that the City consider handling new construction the way the City of Bellevue does. Ms. Petersen suggested that the signing and connectivity studies be under the purview of the Public Works Department rather than the Economic Development Department. Additionally, she indicated that hiring just two additional police officers is not enough given the amount of crime occurring in Renton. Citizen Comment: McOmber- Howard McOmber,475 Olympia Ave. NE, Renton, 98056, stated that the Highlands Zoning Task Force Highlands Zoning Task Force is working hard to achieve the goal of a better Highlands neighborhood. He indicated that Renton has a lot good things going for it and is a fun place to live. Mr. McOmber noted that increased police funding is needed, as well as lighting in Highlands-area alleys. Council President Corman thanked the task force members and City staff for all their hard work. Citizen Comment: Madson- Lori Madson, 1301 SW 16th St.,Renton, 98056, said she is the chair of the Citizen Initiative, Fireworks Committee to Keep Renton Safe and she encouraged people to vote on Ordinance November 7. Ms. Madson indicated that voters may experience confusion Ilk when voting on Renton Proposition 1,the initiative measure concerning fireworks. She explained that a"yes"vote revokes Renton's fireworks ban, and a"no"vote maintains Renton's ban on fireworks. Citizen Comment: Johnson- Arland "Buzz" Johnson, 334 Wells Ave. S.,#306,Renton, 98055,brought Water Drainage, I-405 Noise attention to two locations where water is pouring off of roof tops,not through down spouts, as follows: Main Ave. S. between S. 2nd and S. 3rd Streets and S. 4th St. at Wells Ave. S. On another topic, Mr. Johnson reported that the State is not going to construct a sound barrier when I-405 is expanded. He pointed out that traffic noise from I-405 is emphasized due to the way the highway is constructed in the Renton Hills area. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 10/23/2006. Council concur. 10/23/2006 Appointment: Library Board Mayor Keolker appointed Heather Nugent, 1717 Lincoln Ct. SE, Renton, 98055,to the Library Board for a five-year term expiring on 6/1/2011. Refer to Community Services Committee. October 23, 2006viir, Renton City Council Minutes Page 362 * King County Metro Transit will hold a Transportation Resources Workshop on November 7 at Renton City Hall to provide an overview of many of the Puget Sound transit agencies and programs available to the community. * Trick or Treat at local businesses and celebrate at the"Olde" Halloween Party outdoors in Main Street Square in downtown Renton on October 28. * The Renton Fire Department encourages everyone to change smoke alarm batteries when setting clocks back one hour with the end of Daylight Savings Time on October 29. AUDIENCE COMMENT Sandel DeMastus,Highlands Community Association Vice President and Citizen Comment: DeMastus- Highlands Zoning Task Force Member, PO Box 2041, Renton, 98056, Highlands Area Break-Ins, expressed concern regarding the number of break-ins in the Highlands area and Fireworks Ban X urged review of this public safety matter. Additionally, Ms. DeMastus expressed her support for maintaining the ban on fireworks in Renton. Citizen Comment: Moore- Kirk Moore, 1901 Harrington Circle NE, Renton, 98056, reported on the Highlands Zoning Task Force progress of the Highlands Zoning Task Force,noting that the task force will come up with a plan over the next four meetings. Citizen Comment: Madsori- Lori Madson, 1301 SW 16th St., Renton, 98056, introduced herself as a Citizen Initiative Fireworks member of the Committee to Keep Renton Safe and a representative of Renton Ordinance Firefighters Local 864. She spoke on the subject of Renton Proposition 1, initiative measure concerning fireworks,which will go before voters on November 7. Ms. Madson read the against statement listed in the King County Local Voter's Pamphlet,which encourages voters to vote no on this initiative, as a no vote will keep Renton's ban on the sale and discharge of all fireworks within the City intact. Additionally, Ms. Madson read a statement from Firefighters Local 864, which also encourages voters to vote against Proposition 1. Reporting that the repeal of the fireworks ban is fueled by fireworks lobbyists, she stressed that the ban on fireworks is not unpatriotic. MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL ALLOW THE SPEAKER FIVE MORE MINUTES. CARRIED. Ms. Madson stated that the Renton- and business-sponsored fourth of July fireworks event brings the community together and is very patriotic. She pointed out that the fireworks discharge hours would increase from 15 (pre-ban) to more than 60 if this initiative passes. Councilwoman Briere reiterated that the initiative allows more fireworks discharge hours than Renton allowed prior to its ban on fireworks. Councilman Persson indicated that Proposition 1 will limit the City's ability to regulate firework stands,which could be problematic. Citizen Comment: Walker- Sir Colin Walker, 3233 NE 12th St.,#301, Renton, 98056, stated that he is the Cedric Condominium president of the Sir Cedric Condominium Homeowners Association Board of Redevelopment, Highlands Directors. He reported that the condominium complex's repair and restoration Area project is proceeding on schedule and on budget. Mr. Walker said he is pleased that the complex is part of the revitalization of the Highlands area, and he is also pleased about the positive changes occurring in Renton such as the downtown redevelopment,The Landing project, and the Sam Chastain Waterfront Trail. *************** -COMM. Jr" ?NAL- ******************* DATE SEP-28-2r ***** TIME 11:42 *** P.01 Now, Noe MODE = MEMORY TRANSMISSION START=SEP-28 11:41 END=SEP-28 11:42 FILE NO.= 225 STN NO. COM ABBR NO. STATION NAME/TEL.NO. PAGES DURATION 001 OK s 914257885889 002/002 00:01'12" -RENTON CITY CLERK OFC - ************************************ -425 430 6516 - ***** - - ********* C��©�� City of Renton City Clerk Division, Rm. 728 ��,AN,10 1055 South Grady Way Renton, WA 98055 Date: 9 020 a 6 TO: /6715 do. Elec. ions FROM: 't - 1. � ✓ id�.0--I rttn : I/Ofer s Park pA/e f '&i4 Phone: (4',2) 7S7- 7V7( Phone: (425) 430-6510 Fax Phone: ( y,2 5-) 78F- s-gg9 Fax Phone: (425) 430-6516 SUBJECT: ��Ct� J Number of pages Including cover sheet: a REMARKS: ❑ Original to ❑ Urgent ❑ Reply ❑ Please ❑ For your be mailed ASAP Comment review ' 1Q; 4.;rti /// /,P . � t 17e100/ and /i?a17/n P Achim iv-Nil i 'Vk.../11 . Ahead of the curve %liar From: rowland martin <rowlandjmartin@yahoo.com> To: Bonnie Walton <Bwalton@ci.renton.wa.us> Date: 9/28/2006 9:36:29 AM Subject: Rebuttal of Statement Against Please forward this to King County Elections: Our ultimate safety is not secured with ill-conceived prohibitions which criminalize good citizens. To the contrary, individual familiarity with moderate risk is necessary in a free nation, to instill a comprehension of self-responsibility. Citizens whose senses are increasingly dulled by prohibitory restrictions do not make safe citizens in the result; there is no bargain. Vote yes to restore community celebration with fireworks and end the prohibition. Get your email and more, right on the new Yahoo.com 09/25/2006 00: 35 4257885889 VOTERS PAMPHLET OFR PAGE 01 New Voter Pamphlet Office 13018 314 Avenue N.E., Duvall, WA 98019 FAX Dale: 7/Z5 Number of pages including cover sheet' Z. r To: From: / 2 a wL Aa .J D /'7l�2� • C�i4nl'D`i II" c Do v q G t7 D 17Rz5 Phone: ZD6 ?7 Z — 6 2 Phone: (425) 788-7878 Fax phone: 41ZS ' 'Y3O -651 C Fax phone: (425) 788-5889 CC: � r - REMA RKS: E Urgent ❑ For your review ❑ Reply ASAP ❑ Please comment /I".O L L O G.I.rrJ� X S 'E CO n) Si-n7"/ ,-"-) o D No , 27th i o 2 `r av?-e_ 7 5 r.�oR.D `lZ1.1- 7-4L D E el/2—F/ A 7—(, /J c ,-ti �. E 09/25/2006 00: 35 4257885889 VOTERS PAMPHLET OFF PAGE 02 09/22/2006 Statement Against Renton Initiative to Repeal Fireworks-Ban In 2004 the Renton City Council unanimously enacted a ban on the sale and use of fireworks within the City of Renton. Regarding noise, injuries, and property damage, the results have been dramatic. In 2003 through 2004, the last years when fireworks could be used, city residents suffered over a half million dollars in damage to homes and property. In 2005 through 2006, the first two years of the ban, the loss was less than $2,000, and city residents enjoyed a safe and peaceful Independence Day. Now the self-serving fireworks industry has pushed an initiative to the November ballot. that if approved will repeal the fireworks ban. And incredibly, if approved, the initiative would not only allow the sale and use of fireworks far virtually the entire week before Independence Day,but would also allow a similar sale and use of fireworks during the week before New Year's Day. To avoid the terror to wildlife and pets, to avoid the destruction of homes and properties, to avoid the horror of injuries, and to avoid a war-zone-like atmosphere in parts of the city, please vote NO on this initiative. A NO vote will keep the fireworks ban intact. Prepared by: Committee for Rejection of Initiative to Lift Fireworks Ban in Renton Matt Devine (425-234-1020 W; 425-226-6933 W) Marci Johnson Post•('Fax Note 7671 D'1"3y./ e6;1 ► kinc-CLk--n4y L. b. \:(‘E ca D ti Vcie.V.S' 41+Aph 1€t co - Phones X 2 S -78g_'878 12 1 1one l' H 25-23H-102 ,_ Fa" Li 15-788-5885 Fain- A25 -237 - )313 *************** -COMM. J' 4AL- ******************* DATE SEP-25-20' ***** TIME 08:56 *** P.01 MODE = MEMORY TRANSMISSION START=SEP-25 08:54 END=SEP-25 08:56 FILE NO.= 208 STN NO. COM ABER NO. STATION NAME/TEL.NO. PAGES DURATION 001 ■ s 914257885889 003/003 00:01'29'' -RENTON CITY CLERK OFC - ************************************ -425 430 6516 - ***** - - ********* Ll - ° City of Renton 42, + .c + City Clerk Division, Rm. 728 . Nr-c0� 1055 South Grady Way Renton, WA 98055 Date: 9-a5;006 TO: / FROM: _16421.enz-LIJI2aetr_r__e,11.1' 11. Phone: (i/a-) 7g r 717Y Phone: (425) 430-6510 Fax Phone: (yes) 7f�-�-�8 Fax Phone: (425) 430-6516 4/07- SUBJECT; SUBJECT: X V • —� • I Number of pages including cover sheet: 3 REMARKS: ❑ Original to [X] Urgent in Reply ❑ Please Ll For your be mailed ASAP Comment review P,A,rt+nom I VLl l Lvl�. Ahead of the curve S From: Bonnie Walton To: martin, rowland Date: 9/25/2006 8:26:47 AM Subject: Re: Fireworks Initiative, Statement For Dear Mr. Martin: Thank you for your email. I have read the argument prepared by you and Mr. Darst, and believe the format will meet the King Co. Voter Pamphlet requirements. By cc on this email reply, I am forwarding copy to King County Elections. I will also fax on your behalf a copy this morning of this email with the attached "for" statement to King Co. Elections voter pamphlet section. If it meets with King County Elections approval, I will be glad to receive copy of the Statement Against on your behalf, scan it and forward it to you and Mr. Darst for preparation of the rebuttal. • Again, thank you for your willingness to serve in this process. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 >>> rowland martin <rowlandjmartin©yahoo.com> 9/24/2006 9:16 PM >>> Dear Ms. Walton, The following two paragraphs constitute the statement for this initiative: It is often said that to ensure our future safety it is necessary for all citizens to share the American Experience. Fireworks on the Fourth of July are part of the shared American celebration. A common culture is not about watching someone else and it's not about leaving it to the professionals. It is about going out to your street with friends and neighbors and joining in. Culture means participation; it means freedom for citizens to invent their part of the celebration. The flashes and booms of fireworks are the memory and echo of our hard-won freedoms. Fireworks are Lexington and Concord remembered, the Declaration of Independence re-proclaimed, the Constitution re-ratified. Let us vote to return that tradition for our youth and to keep those memories for all ages. How will we continue to have a common culture, if ordinary avenues of expression are prohibited? The answer is paradoxically a country that is less safe. It can be seen across Renton that fireworks are the key to our most participatory cultural celebration. Vote yes to retain the memories, to renew the cultural tradition, and to restore our fireworks. Please let me know if this format is sufficient. A MSWord copy of the same paragraphs is attached. The county contacted me requesting a fax number so that I may be sent the statement against, to prepare the rebuttal. I do not have a fax machine and am hoping you can assist me in getting the statement Tuesday or Wednesday. Rowland Martin 206 772 6290 (home) 425 830 0595 (cell) How low will we go? Check out Yahoo! Messenger's low PC-to-Phone call rates. CC: patmarl 1©juno.com; Sandy McConnell It is often said that to ensure our future safety it is necessary for all citizens to share the American Experience. Fireworks on the Fourth of July are part of the shared American celebration. A common culture is not about watching someone else and it's not about leaving it to the professionals. It is about going out to your street with friends and neighbors and joining in. Culture means participation; it means freedom for citizens to invent their part of the celebration. The flashes and booms of fireworks are the memory and echo of our hard-won freedoms. Fireworks are Lexington and Concord remembered, the Declaration of Independence re-proclaimed, the Constitution re-ratified. Let us vote to return that tradition for our youth and to keep those memories for all ages. How will we continue to have a common culture, if ordinary avenues of expression are prohibited? The answer is paradoxically a country that is less safe. It can be seen across Renton that fireworks are the key to our most participatory cultural celebration. Vote yes to retain the memories, to renew the cultural tradition, and to restore our fireworks. Bonnie Walton - Fireworks Initiative, Statement For Page 1 'Niue Sid From: rowland martin <rowlandjmartin@yahoo.com> To: <Bwalton@ci.renton.wa.us> Date: 9/24/2006 9:16:55 PM Subject: Fireworks Initiative, Statement For Dear Ms. Walton, The following two paragraphs constitute the statement for this initiative: It is often said that to ensure our future safety it is necessary for all citizens to share the American Experience. Fireworks on the Fourth of July are part of the shared American celebration. A common culture is not about watching someone else and it's not about leaving it to the professionals. It is about going out to your street with friends and neighbors and joining in. Culture means participation; it means freedom for citizens to invent their part of the celebration. The flashes and booms of fireworks are the memory and echo of our hard-won freedoms. Fireworks are Lexington and Concord remembered, the Declaration of Independence re-proclaimed, the Constitution re-ratified. Let us vote to return that tradition for our youth and to keep those memories for all ages. How will we continue to have a common culture, if ordinary avenues of expression are prohibited? The answer is paradoxically a country that is less safe. It can be seen across Renton that fireworks are the key to our most participatory cultural celebration. Vote yes to retain the memories, to renew the cultural tradition, and to restore our fireworks. Please let me know if this format is sufficient. A MSWord copy of the same paragraphs is attached. The county contacted me requesting a fax number so that I may be sent the statement against, to prepare the rebuttal. I do not have a fax machine and am hoping you can assist me in getting the statement Tuesday or Wednesday. Rowland Martin 206 772 6290 (home) 425 830 0595 (cell) How low will we go? Check out Yahoo! Messenger's low PC-to-Phone call rates. Bonnie Walton - Re: Fireworks Initiative, Statement For Page 1 From: Bonnie Walton To: martin, rowland Date: 9/25/2006 8:26:47 AM Subject: Re: Fireworks Initiative, Statement For Dear Mr. Martin: Thank you for your email. I have read the argument prepared by you and Mr. Darst, and believe the format will meet the King Co. Voter Pamphlet requirements. By cc on this email reply, I am forwarding copy to King County Elections. I will also fax on your behalf a copy this morning of this email with the attached "for"statement to King Co. Elections voter pamphlet section. If it meets with King County Elections approval, I will be glad to receive copy of the Statement Against on your behalf, scan it and forward it to you and Mr. Darst for preparation of the rebuttal. Again, thank you for your willingness to serve in this process. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 >>> rowland martin <rowlandjmartin@yahoo.com> 9/24/2006 9:16 PM >>> Dear Ms. Walton, The following two paragraphs constitute the statement for this initiative: It is often said that to ensure our future safety it is necessary for all citizens to share the American Experience. Fireworks on the Fourth of July are part of the shared American celebration. A common culture is not about watching someone else and it's not about leaving it to the professionals. It is about going out to your street with friends and neighbors and joining in. Culture means participation; it means freedom for citizens to invent their part of the celebration. The flashes and booms of fireworks are the memory and echo of our hard-won freedoms. Fireworks are Lexington and Concord remembered, the Declaration of Independence re-proclaimed, the Constitution re-ratified. Let us vote to return that tradition for our youth and to keep those memories for all ages. How will we continue to have a common culture, if ordinary avenues of expression are prohibited? The answer is paradoxically a country that is less safe. It can be seen across Renton that fireworks are the key to our most participatory cultural celebration. Vote yes to retain the memories, to renew the cultural tradition, and to restore our fireworks. Please let me know if this format is sufficient. A MSWord copy of the same paragraphs is attached. The county contacted me requesting a fax number so that I may be sent the statement against, to prepare the rebuttal. I do not have a fax machine and am hoping you can assist me in getting the statement Tuesday or Wednesday. Rowland Martin 206 772 6290 (home) 425 830 0595 (cell) How low will we go? Check out Yahoo! Messenger's low PC-to-Phone call rates. CC: patmarl l @juno.com; Sandy McConnell 160 It is often said that to ensure our future safety it is necessary for all citizens to share the American Experience. Fireworks on the Fourth of July are part of the shared American celebration. A common culture is not about watching someone else and it's not about leaving it to the professionals. It is about going out to your street with friends and neighbors and joining in. Culture means participation; it means freedom for citizens to invent their part of the celebration. The flashes and booms of fireworks are the memory and echo of our hard-won freedoms. Fireworks are Lexington and Concord remembered, the Declaration of Independence re-proclaimed, the Constitution re-ratified. Let us vote to return that tradition for our youth and to keep those memories for all ages. How will we continue to have a common culture, if ordinary avenues of expression are prohibited? The answer is paradoxically a country that is less safe. It can be seen across Renton that fireworks are the key to our most participatory cultural celebration. Vote yes to retain the memories, to renew the cultural tradition, and to restore our fireworks. *************** —COMM. JC AL— ******************* DATE SEP-20-20P **** TIME 13:48 *** P.01 \tar' ..r MODE = MEMORY TRANSMISSION START=SEP-20 13:46 END=SEP-20 13:48 FILE NO.= 202 STN NO. COM ABER NO. STATION NAME/TEL.NO. PAGES DURATION 001 OK a 914257885889 002/002 00:01'05" —RENTON CITY CLERK OFC — ************************************ —425 430 6516 — ***** — — ********* <C-s1 ° City of Renton + City Clerk Division, Rm. 728 1055 South Grady Way - Nr-v0 Renton, WA 98055 9-V-01 0,06Date: TO: L..a._i Liv.. _/. ./ -a, • FROM: i Phone: ('/ ) ler 7?7F Phone: (425) 430-6510 Fax Phone: 0125') 7 ( S-(8.7 Fax Phone: (425) 430-6516 SUBJECT: lA Q¢GL - [ Number of pages including cover sheet: o REMARKS: ❑ Original to ❑ Urgent ❑ Reply ❑ Please ❑ For your be mailed ASAP Comment review f //-- 7 06 1)cort+c - i VV1 I Mit -. Ahead of the curve 11100 EXPLANATORY STATEMENT The City of Renton currently bans the sale or discharge of all fireworks except for displays authorized by the Renton City Council under permit issued under City Code and the Washington Administrative Code, if required. Proposition 1 would repeal this ban on the sale and discharge of fireworks. A permit would be required to manufacture, import, possess or sell any fireworks except no permit would be necessary for possession or use of consumer fireworks lawfully purchased at retail. Consumer fireworks could be sold for eight days from June 28 to July 5 of each year and for five days from December 27 to December 31 of each year. Consumer fireworks could be discharged on three days, from July 3 to July 5 and from 6:00 p.m. on the 31st day of December until 1:00 a.m. on the 1St day of January each year. No person could sell consumer fireworks except at a fixed place of business for which a license and permit have been issued. Temporary stocks of fireworks could be stored only in such places as approved by the Fire Chief and fireworks that are unsold following the permitted sales dates, could be stored in a permanent storage place or magazine approved by the Fire Chief or the Chief of the Washington State Patrol. It would be unlawful to sell fireworks to any person under the age of eighteen years and seller shall require proof of age. The Fire Chief could suspend or revoke any permit issued pursuant to this Initiative upon any failure or refusal of the permitee to comply with any provisions of this Initiative or Chapter 70.77 RCW. Violations would be criminal in nature and a misdemeanor or gross misdemeanor as set forth in the Initiative. Public displays and entertainment displays would be permitted by valid permit issued by the City. Bonnie Walton - Fireworks Page 1 'two From: "Tracy Jarvis" <tjarvis©seanet.com> To: <bwalton©ci.renton.wa.us> Date: 9/20/2006 11:20:56 AM Subject: Fireworks Bonnie, I am forwarding this Explanatory Statement for Larry Warren. Thanks, Tracy Jarvis Secretary to Larry Warren IWO EXPLANATORY STATEMENT The City of Renton currently bans the sale or discharge of all fireworks except for displays authorized by the Renton City Council under permit issued under City Code and the Washington Administrative Code, if required. Proposition 1 would repeal this ban on the sale and discharge of fireworks. A permit would be required to manufacture, import, possess or sell any fireworks except no permit would be necessary for possession or use of consumer fireworks lawfully purchased at retail. Consumer fireworks could be sold for eight days from June 28 to July 5 of each year and for five days from December 27 to December 31 of each year. Consumer fireworks could be discharged on three days, from July 3 to July 5 and from 6:00 p.m. on the 31st day of December until 1:00 a.m. on the 1st day of January each year. No person could sell consumer fireworks except at a fixed place of business for which a license and permit have been issued. Temporary stocks of fireworks could be stored only in such places as approved by the Fire Chief and fireworks that are unsold following the permitted sales dates, could be stored in a permanent storage place or magazine approved by the Fire Chief or the Chief of the Washington State Patrol. It would be unlawful to sell fireworks to any person under the age of eighteen years and seller shall require proof of age. The Fire Chief could suspend or revoke any permit issued pursuant to this Initiative upon any failure or refusal of the permitee to comply with any provisions of this Initiative or Chapter 70.77 RCW. Violations would be criminal in nature and a misdemeanor or gross misdemeanor as set forth in the Initiative. Public displays and entertainment displays would be permitted by valid permit issued by the City. *************** -COMM.`mmeL- ******************* DATE SEP-20-2t*** TIME 09:26 *** P.01 MODE = MEMORY TRANSMISSION START=SEP-20 09:04 END=SEP-20 09:06 FILE NO.= 198 STN NO. COM ABER NO. STATION NAME/TEL.NO. PAGES DURATION 001 OK s 914257885889 004/004 00:01'56" -RENTON CITY CLERK OFC - ************************************ -425 430 6516 - ***** - - ********* �� Y ° City of Renton t: gsD 4- .4 * City Clerk Division, Rm. 728 1055 South Grady Way �Nr�O Renton, WA 98055 Date: 9- ()-o2400(o TO: / FROM: 64,0, to �L2 �,.i 0,nn ; 1 07 ers 67n,0,2/et e¢7 a etAL Phone: ( ,'a ) 78 r-7778' Phone: (425) 430-6510 Fax Phone: (1//S) 78?- 5g 8? Fax Phone: (425) 430-6516 SUBJECT: 0A)Goxi,f1 de, / I Number of pages including cover sheet: REMARKS: ❑ Original to ❑ Urgent ❑ Reply ❑ Please ❑ For your be mailed ASAP Comment review LV"I l LUJ.x. Ahead of the curve KING COUNTY LOCAL VOTERS' PAMPHLET ARGUMENT COMMITTEE APPOINTMENT FORM JURISDICTION: PROPOSITION: Ci+y of den+0�'► #/ Fireworks Tnifia/i"ve, Print clearly and provide the correct spelling of the committee member's names. NOTE: A fax number is required for the exchange of committee arguments. COMMITTEE ADVOCATION APPROVAL COMMITTEE ADVOCATING REJECTION 1. NAME: Ro(.J)ar'd may+in 1. NAME: )1a+-the& D. De Vi'i'1G (SPOKESPERSON) (SPOKESPERSON) ADDRESS: (4i la y 10 41)e. N, UJ, ADDRESS: 52'1 S, a.5'44 Pl. Ren fon, wig g1o5S Renton, to gg'oss- PHONE NO: 02o6`77-/ 2 90 PHONE NO: A42.5- A,26-6933 FAX NO: FAX NO: 2. NAME: Gerald P. T ars t 2. NAME: m aycj Joh,i5o ADDRESS: c260/ Edmonds Ave. NE ADDRESS: 510 Sfe✓eNS Ave. SWC Si/o'/ Renton , w!4 9805(0 Rcyd-on, UIR 98oSs PHONE NO: 4015- v&.Z(o-/657 PHONE NO: i1,25- a SV-9395 FAX NO: FAX NO: 3. NAME: 3. NAME: ADDRESS: ADDRESS: PHONE NO: PHONE NO: FAX NO: FAX NO: APPOINTED ADVISORS SUPPORTING APPOINTED ADVISORS SUPPORTING APPROVAL (OPTIONAL) REJECTION (OPTIONAL) I HEREBY CERTIFY THAT THE ABOVE NAMED INDIVIDUALS HAVE BEEN APPOINTED AND HAVE CONSENTED TO SERVE AS INDICATED, AND THAT THE NAMES, TITLES, AND/OR ORGANIZATIONS SHOULD BE LISTED IN THE OFFICIAL LOCAL VOTERS' PAMPHLET IN THE MANNER SET FORTH. /�/�l- , � ' 66 // wait."), �4 ��€A �� . DA E o�DO�O AUTHORIZED SIGNATURE *IMMO 144.41 9/19/2006 Argument Committee for Voters' Pamphlet Purposes Advocating Approval of the Initiative on the 11/7/2006 Ballot to Lift the Fireworks Ban in the City of Renton Spokesperson: Rowland Martin 661 Taylor Ave. NW Renton, WA 98055 Home Phone: 206-772-6290 Work E-mail: rowland.j.martin(u)boeing.com Member: Gerald P. Darst 2601 Edmonds Ave. NE Renton, WA 98056 Home Phone: 425-226-1657 Home E-mail: patmarll@juno.com Arguments and Deadlines Arguments Due to King County: September 26, 2006-Word Limit: 200 Words Availability of pro and con arguments: September 26, 2006 Statements in Rebuttal Due to King Co.: September 28, 2006—Word Limit: 75 Words King County Contact: Sandy McConnell, Acting Assistant Superintendent of KC Elections Operations King County Records, Elections & Licensing Services 553 King Co. Administration Bldg. 500 4th Avenue Seattle, WA 98104 Phone: 206-296-1565 Email: Sandy.McConnell(iMETROKC.gov City of Renton Contact: Bonnie Walton, City Clerk City of Renton 1055 S. Grady Way Renton, WA 98055 425-430-6502 bwalton@ci.renton.wa.us 9/19/2006 Argument Committee for Voters' Pamphlet Purposes Advocating Rejection of the Initiative on the 11/7/2006 Ballot to Lift the Fireworks Ban in the City of Renton Spokesperson: Matthew D. Devine 527 S. 28th Pl. Renton, WA 98055 Home Phone: 425-226-6933 Work Phone: 425-234-1020 Work E-mail: matthew.d.devine ;boeing.com Member: Marci Johnson 510 Stevens Ave. SW, 5404 Renton, WA 98055 Home Phone: 425-254-9395; Home E-mail marci98Cvjuno.cam Work Phone: 206-903-5381; Work E-mail: m.johnson@?baileysales.com Arguments and Deadlines Arguments Due to King County: September 26, 2006 - Word Limit: 200 Words Availability of pro and con arguments: September 26, 2006 Statements in Rebuttal Due to King Co.: September 28, 2006—Word Limit: 75 Words King County Contact: Sandy McConnell, Acting Assistant Superintendent of KC Elections Operations King County Records, Elections & Licensing Services 553 King Co. Administration Bldg. 500 4th Avenue Seattle, WA 98104 Phone: 206-296-1565 Email: Sandy.McConnellnMETROKC.gov City of Renton Contact: Bonnie Walton, City Clerk City of Renton 1055 S. Grady Way Renton, WA 98055 425-430-6502 bwalton(c:i ci.renton.wa.us �(vY o ADMINISTRATIVE, JUDICIAL, AND 4 ,, LEGAL SERVICES DEPARTMENT �' Office of the City Clerk � � MEMORANDUM DATE: September 20, 2006 TO: Mayor Kathy Keolker FROM: 7J- Bonnie Walton, City Clerk, x6502 SUBJECT: Appointees for Voters' Pamphlet Arguments—Fireworks Initiative Resolution No. 3830, adopted by the City Council 9/11/2006, authorized the Fireworks Initiative to go on the November 7, 2006 ballot, authorized the Mayor to take those actions necessary to place the information regarding the Initiative in the voter's pamphlet, and authorized the City Clerk to take action necessary to place the proposition on the ballot. Attached is copy of the Argument Committee Appointment Form I willfile via fax with King County Elections today. The appointees were each contacted and have expressed a willingness to serve for the purpose of writing a pro or con voters' pamphlet argument regarding the Fireworks Initiative. Rowland Martin and Gerald P. Darst have agreed to write the argument advocating approval of Proposition#1 to lift the fireworks ban. Matthew Devine and Marci Johnson have agreed to write the argument advocating rejection of the proposition to lift the fireworks ban. Selection of the appointees was determined as follows: • Citizens who are on record in the Council meeting minutes from 2000-2006, expressing an opinion regarding a fireworks ban were listed; • Names not appearing on the current Renton voter's registration list were then excluded; • Names remaining on the list having a telephone number listed in the telephone directory were called; • All persons called agreed to serve—two pro and two con. The Committee appointees have been provided with all necessary information, material and contact numbers. They are each aware that the arguments are due to King County by September 26, 2006. Attachment cc: Marty Wine,Assistant CAO Larry Warren,City Attorney KING COUNTY LOCAL VOTERS' PAMPHLET ARGUMENT COMMITTEE APPOINTMENT FORM JURISDICTION: PROPOSITION: ei¢y off' G-n+cf #/ fireworks 11-7400‘, 3,,t/49/ - Print clearly and provide the correct spelling of the committee member's names. NOTE: A fax number is required for the exchange of committee arguments. COMMITTEE ADVOCATION APPROVAL COMMITTEE ADVOCATING REJECTION 1. NAME: Roa.A.4aytel martin 1. NAME: rilaftker.d D. Devine- (SPOKESPERSON) (SPOKESPERSON) ADDRESS: 661 lay/or I7de. N. Gtr ADDRESS: 527 5. .20 P1. Rekl fon, tvA 980.516-- Reri f 0n, col 9go.cs PHONE NO: „w b..77a-b 2 9 a PHONE NO: 1/Q5- A„.16-61.33 FAX NO: FAX NO: 2. NAME: Gerald P. TD r5f 2. NAME: mgovci Johnson ADDRESS: Q ,0/ EcbliOlds Ave. Ne ADDRESS: 510 Stetier)S Ave. SW` SVoV Rev►f o j w1'i 98o s4 Rte►fors, wii 98oss PHONE NO: '14a5- aa(-/t,57 PHONE NO: Y025- /-9395- FAX -9395FAX NO: FAX NO: 3. NAME: 3. NAME: ADDRESS: ADDRESS: PHONE NO: PHONE NO: FAX NO: FAX NO: APPOINTED ADVISORS SUPPORTING APPOINTED ADVISORS SUPPORTING APPROVAL (OPTIONAL) REJECTION (OPTIONAL) I HEREBY CERTIFY THAT THE ABOVE NAMED INDIVIDUALS HAVE BEEN APPOINTED AND HAVE CONSENTED TO SERVE AS INDICATED, AND THAT THE NAMES, TITLES, AND/OR ORGANIZATIONS SHOULD BE LISTED IN THE OFFICIAL LOCAL VOTERS' PAMPHLET IN THE MANNER SET FORTH. Waiter; - , � ' )�AUTHORIZED SIGNATURE Lr L C � � /9 a2DD6 'Nom, " ' 9/19/2006 Argument Committee for Voters' Pamphlet Purposes Advocating Rejection of the Initiative on the 11/7/2006 Ballot to Lift the Fireworks Ban in the City of Renton Spokesperson: Matthew D. Devine 527 S. 28th Pl. Renton, WA 98055 Home Phone: 425-226-6933 Work Phone: 425-234-1020 Work E-mail: mattlicw.d.devine(uTboeing.com Member: Marci Johnson 510 Stevens Ave. SW, S404 Renton, WA 98055 Home Phone: 425-254-9395; Home E-mail marci98@juno.com Work Phone: 206-903-5381; Work E-mail: m.johnson(i)baileysales.com. Arguments and Deadlines Arguments Due to King County: September 26, 2006 - Word Limit: 200 Words Availability of pro and con arguments: September 26, 2006 Statements in Rebuttal Due to King Co.: September 28, 2006—Word Limit: 75 Words King County Contact: Sandy McConnell, Acting Assistant Superintendent of KC Elections Operations King County Records, Elections &Licensing Services 553 King Co. Administration Bldg. 500 4th Avenue Seattle, WA 98104 Phone: 206-296-1565 Email: Sandy.McConnellO?METROKC.gov City of Renton Contact: Bonnie Walton, City Clerk City of Renton 1055 S. Grady Way Renton, WA 98055 425-430-6502 bwalton@ci.renton.wa.us `'a'' 9/19/2006 Argument Committee for Voters' Pamphlet Purposes Advocating Approval of the Initiative on the 11/7/2006 Ballot to Lift the Fireworks Ban in the City of Renton Spokesperson: Rowland Martin 661 Taylor Ave. NW Renton, WA 98055 Home Phone: 206-772-6290 Work E-mail: rowland.j.martin(a)boeing.com Member: Gerald P. Darst 2601 Edmonds Ave. NE Renton, WA 98056 Home Phone: 425-226-1657 Home E-mail: patmarl 1njuno.com. Arguments and Deadlines Arguments Due to King County: September 26, 2006 - Word Limit: 200 Words Availability of pro and con arguments: September 26, 2006 Statements in Rebuttal Due to King Co.: September 28, 2006—Word Limit: 75 Words King County Contact: Sandy McConnell, Acting Assistant Superintendent of KC Elections Operations King County Records, Elections & Licensing Services 553 King Co. Administration Bldg. 500 4th Avenue Seattle, WA 98104 Phone: 206-296-1565 Email: Sandy.McConnelln:METROKC.gov City of Renton Contact: Bonnie Walton, City Clerk City of Renton 1055 S. Grady Way Renton, WA 98055 425-430-6502 bwalton@;ci.renton.wa.us Bonnie Walton - Re: resolution received Page 1 wrr From: Bonnie Walton To: McConnell, Sandy Date: 9/18/2006 3:11:16 PM Subject: Re: resolution received Thank you, Sandy. When the RCW or the City legislation indicates that a document must be filed with the County Auditor, I am uncomfortable to not follow through. That's why I file it with both Elections and Auditor. If the Auditor would send me a letter saying to not file with her, I could keep it on file as a documented "authority" to not file there. Possible? Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "McConnell, Sandy" <Sandy.McConnell@METROKC.GOV> 9/18/2006 1:40 PM >>> Bonnie: This is to inform you that our office received Resolution 3829 today. However, I did note that it was addressed to Cheryle Broom, Auditor. When contacting our office regarding election matters please address your correspondence to Elections as opposed to the auditor. I know most counties refer to contacting the auditor but in King County the auditor is the Election office and not an individual. Please remove that name and address from your records, you do not want informations sent to the office of that auditor, she has different business function. You were correct in addressing the correspondence to James Buck. Thank you, Sandy McConnell King County Elections Acting Assistant Superintendent of Election Operations 206.296.1565 Bonnie Walton - resolution received Page 1J From: "McConnell, Sandy" <Sandy.McConnell©METROKC.GOV> To: "Bonnie Walton" <Bwalton@ci.renton.wa.us> Date: 9/18/2006 1:41:33 PM Subject: resolution received Bonnie: This is to inform you that our office received Resolution 3829 today. However, I did note that it was addressed to Cheryle Broom, Auditor. When contacting our office regarding election matters please address your correspondence to Elections as opposed to the auditor. I know most counties refer to contacting the auditor but in King County the auditor is the Election office and not an individual. Please remove that name and address from your records, you do not want informations sent to the office of that auditor, she has different business function. You were correct in addressing the correspondence to James Buck. Thank you, Sandy McConnell King County Elections Acting Assistant Superintendent of Election Operations 206.296.1565 Bonnie Walton - Emailing: Vpdeadl2Prim^-'and Gen06, 2006 VP GUIDELINES for ba1'^t measures, VP Committee App... Page 1j From: "McConnell, Sandy" <Sandy.McConnell@METROKC.GOV> To: "Bonnie Walton" <Bwalton@ci.renton.wa.us> Date: 9/18/2006 2:45:22 PM Subject: Emailing: Vpdeadl2Primary and Gen06, 2006 VP GUIDELINES for ballot measures, VP Committee Appointment form Bonnie, this is what you need to have for your committees. Sandy McConnell King County Elections Acting Assistant Superintendent of Election Operations 206.296.1565 <<Vpdeadl2Primary and Gen06.doc>> <<2006 VP GUIDELINES for ballot measures.doc>> <<VP Committee Appointment form.doc>> Bonnie Walton - Re: Fireworks Agenda Bill Page 1 low ',4411•0 From: Jay Covington To: Walton, Bonnie; Wine, Marty Date: 9/6/2006 5:41:07 PM Subject: Re: Fireworks Agenda Bill I'm available first thing in the morning. And I think we should plan on information in the voter's pamphlet, and on getting a "con" representative to speak against the initiative. The City has already taken a position on this issue--we're against it--but we agreed to place it on the ballot without a court challenge. >>> Marty Wine 09/06/06 5:08 PM >>> Yes, I know. I'm at home without internet service at the moment and have a version ready to send you as soon as I can. Jay, are you available first thing in the morning to review? My sole remaining question for you and the Mayor is whether to discuss options for the City taking a position on the measure, and about the extent to which we get involved in coordinating voters' pamphlet activities. Thanks for the prompt. I haven't forgotten. Marty >>> Bonnie Walton 9/6 4:54 pm >>> Reminder: I will need the Fireworks agenda bill, signed off by Jay, by 8:30 tomorrow morning in order in order to stay on schedule for production of the 9/11 agenda. Thank you. Bonnie, x6502 Bonnie Walton - RE: agenda bill and issue paper:fireworks initiative Page 1 rre oar From: "Larry Warren" <Ijwarren@seanet.com> To: "'Bonnie Walton"' <Bwalton@ci.renton.wa.us>, "'Marty Wine' <MWine@ci.renton.wa.us> Date: 9/6/2006 1:37:24 PM Subject: RE: agenda bill and issue paper: fireworks initiative Sorry that I'm doing this on the fly, but I have real concern about a councilmember doing the anti statement unless it is clear that the councilmember is doing it on his or her own time and not using city equipment (or staff). We should follow council's lead on what they want done, but ultimately the council only has Julia as staff and the administrative staff will have to arrange for any arrangements for pro and anti statements for the pamphlet. Original Message From: Bonnie Walton [mailto:Bwalton@ci.renton.wa.us] Sent: Wednesday, September 06, 2006 1:28 PM To: Marty Wine; Ijwarren@seanet.com Subject: RE: agenda bill and issue paper: fireworks initiative FYI...There is also one citizen, Lori Madson, who spoke strongly 4/10 opposing the initiative, and Council made suggestions as to what organizations she could contact to work against the initiative. Also, it was suggested that at a future meeting, Council invite speakers to speak for and against the initiative. After that, adoption of a Resolution to oppose the initiative might be in order. bw >>> Marty Wine 9/6/2006 1:08 PM >>> If we don't do it then the RCW says the "county auditor"will cause appointments to committees to occur, to write the voters pamphlet statement. (RCW 29A.32.280) I concur that if we don't have to do it, we shouldn't, but I think there is interest on the part of at least one councilmember to do something - and if they take a position they may want to be the ones drafting a statement. Let me talk w/the Mayor too. Marty x6526 >>> "Larry Warren" <Ijwarren@seanet.com> 09/06/06 1:06 PM >>> I can't find my information on elections and am tied up answering questions on the Landing. Query: do we have to do the voter's pamphlet? Do we want to? It seems that the proponents didn't expect to do a pro piece for the September election, but were going to do a mailing. So, can't we avoid the voter's pamphlet altogether? Will the council or administration feel that we are giving up an opportunity? Original Message From: Bonnie Walton [mailto:Bwalton@ci.renton.wa.us] Sent: Wednesday, September 06, 2006 10:46 AM To: Marty Wine Cc: Jay Covington; IjWarren@seanet.com Subject: Re: agenda bill and issue paper: fireworks initiative r Bonnie Walton - RE: agenda bill and issue paper:fireworks initiative Page 2 lone Nary Regarding the email questions, I offer the following: 1) The right-hand side of the agenda bill is correct with X's only by Consent and Resolution. Do not X by Old or New Business. Also there should be added an X by Approvals - Legal. Would you, on the agenda bill, want to add as an Exhibit a copy of pages 13 & 14 of the MRSC Initiative Guide? It would prove that we were following the steps exactly as outlined. 2) No money was set aside in 2006 for initiative elections costs. The newspaper article was incorrect. The cost of the 2006 primary and general election will be billed to cities by King County in 2007. Funding for cost of the fireworks initiative election is in the Finance Dept. 2007 Budget requests. KC gave me an estimate of just under$80,000 for the General Election plus the cost of voter's pamphlets. I suggested to Finance that they budget a total of$82,500 in 2007 for the total fireworks initiative election/pamphlet costs. This cost estimate for the general election is a couple of thousand less than for the primary election. 3) Voter's pamphlet- I assume your office and the City Attorney office want to make these decisions. Let me know if you want my opinion or assistance. Please cc me on any communications. 4) After KC receives our resolution, KC must follow the steps detailed in item #7, page 14, of the Initiative & Referendum Guide. (I left copy on your desk yesterday. Let me know if you need another copy.) 5) Just to clarify and let you know why I made some of the edits on the attached: Had the ballot title been submitted by cover letter to King County by August 4th, that would still not have been sufficient to cause the issue to be placed on the 9/19 primary. King Co had to receive the ballot title within a City adopted Resolution calling for the special election in order to cause the election to go forth. State law requires a resolution calling for an election, and King County requires that the ballot title be in that resolution----none of which is noted in the MRSC guide. Regarding the issue paper, my suggested edits are attached. Bonnie, x6502 >>> Marty Wine 9/6/2006 8:38 AM >>> Hi Bonnie and Larry: Here are amended versions of the fireworks agenda bill and issue paper for Sept. 11, with several questions in the issue paper italicized & listed here. Once we have answers to these couple of questions, I think this is ready to be included in the agenda packet. I know this is overdue and I'm sorry for the delay. Please take a look and advise about the missing pieces - I reviewed the relevant RCWs but am still unsure about these items. Agenda Bill - I'm not sure about the right hand side of this form - is this indeed old business on the consent agenda?Just confirming the right category of business for Council. Questions on the issue paper that mostly relate to the future, but I'd like to have ready for answers on 9/11: Once the council approves the resolution, is it the city clerk or Mayor's Office who is responsible for specifically requesting inclusion of the measure in the voters' pamphlet? Bonnie, you have tagged this as something Bonnie Walton - RE: agenda bill and issue paper:fireworks initiative Page 3 rrr' �r to discuss. Our resolution says it is the Mayor's Office- but the KC guidelines say that the city legislative authority appoints the three member committees to write voters' pamphlets. Larry, did you mean to delegate this authority in the resolution to the Mayor's Office?The voters' pamphlet must be submitted to the Elections Office no later than forty-five days prior to the election date. Seems we should do this immediately, the day after Council action. And do we have to coordinate with the proponents to get the statement in?Who do we have to write the statement against, if that is our role?The King County Records and Elections Voters Pamphlet Guidelines for Ballot Measures states that the voters' pamphlet statement must be requested "by the governing authority of the jurisdiction by ordinance or resolution and fully paid for by the jurisdiction."Are voters' pamphlet costs covered or not covered by the $83,500 set aside for the election?Also, Dean Radford asked about the $set aside for the election. Is that funding in City Clerk budget(I don't see it in your budget, Bonnie)or Misc. Non-Dep'tal (I only see $20K in there for election costs)?And - how can we confirm whether our costs will be higher or lower because we are going in the general instead of primary-do you want me to call Records and Elections to find this out? Finally, what specific steps are required for King County to follow once they receive our resolution?Thanks to both of you for your quick turnaround on this item. I very much appreciate your constructive help in getting this worked out. I called all the councilmembers yesterday and talked to all except for Randy and Don - and they are ok, understanding that this was a mistake, but don't like surprises. Marty Wine Assistant Chief Administrative Officer, City of Renton 1055 South Grady Way Renton, WA 98057 P 425.430.6526 F 425.430.6523 mwine@ci.renton.wa.us Bonnie Walton - RE: agenda bill and issue paper: fireworks initiative Page 1 Noe yr From: Marty Wine To: Warren, Larry Date: 9/6/2006 1:08:45 PM Subject: RE: agenda bill and issue paper: fireworks initiative If we don't do it then the RCW says the "county auditor"will cause appointments to committees to occur, to write the voters pamphlet statement. (RCW 29A.32.280) I concur that if we don't have to do it, we shouldn't, but I think there is interest on the part of at least one councilmember to do something - and if they take a position they may want to be the ones drafting a statement. Let me talk w/the Mayor too. Marty x6526 >>> "Larry Warren" <Ijwarren@seanet.com> 09/06/06 1:06 PM >>> I can't find my information on elections and am tied up answering questions on the Landing. Query: do we have to do the voter's pamphlet? Do we want to? It seems that the proponents didn't expect to do a pro piece for the September election, but were going to do a mailing. So, can't we avoid the voter's pamphlet altogether? Will the council or administration feel that we are giving up an opportunity? Original Message From: Bonnie Walton [mailto:Bwalton@ci.renton.wa.us] Sent: Wednesday, September 06, 2006 10:46 AM To: Marty Wine Cc: Jay Covington; IjWarren@seanet.com Subject: Re: agenda bill and issue paper: fireworks initiative Regarding the email questions, I offer the following: 1) The right-hand side of the agenda bill is correct with X's only by Consent and Resolution. Do not X by Old or New Business. Also there should be added an X by Approvals - Legal. Would you, on the agenda bill, want to add as an Exhibit a copy of pages 13 & 14 of the MRSC Initiative Guide? It would prove that we were following the steps exactly as outlined. 2) No money was set aside in 2006 for initiative elections costs. The newspaper article was incorrect. The cost of the 2006 primary and general election will be billed to cities by King County in 2007. Funding for cost of the fireworks initiative election is in the Finance Dept. 2007 Budget requests. KC gave me an estimate of just under $80,000 for the General Election plus the cost of voter's pamphlets. I suggested to Finance that they budget a total of$82,500 in 2007 for the total fireworks initiative election/pamphlet costs. This cost estimate for the general election is a couple of thousand less than for the primary election. 3) Voter's pamphlet - I assume your office and the City Attorney office want to make these decisions. Let me know if you want my opinion or assistance. Please cc me on any communications. 4) After KC receives our resolution, KC must follow the steps detailed in item #7, page 14, of the Initiative & Referendum Guide. (I left copy on your desk yesterday. Let me know if you need another copy.) 5) Just to clarify and let you know why I made some of the edits on the attached: Had the ballot title been submitted by cover letter to King County by August 4th, that would still not have been sufficient to cause the Bonnie Walton - RE: agenda bill and issue paper:fireworks initiative Page 2 Noe issue to be placed on the 9/19 primary. King Co had to receive the ballot title within a City adopted Resolution calling for the special election in order to cause the election to go forth. State law requires a resolution calling for an election, and King County requires that the ballot title be in that resolution----none of which is noted in the MRSC guide. Regarding the issue paper, my suggested edits are attached. Bonnie, x6502 >>> Marty Wine 9/6/2006 8:38 AM >>> Hi Bonnie and Larry: Here are amended versions of the fireworks agenda bill and issue paper for Sept. 11, with several questions in the issue paper italicized & listed here. Once we have answers to these couple of questions, I think this is ready to be included in the agenda packet. I know this is overdue and I'm sorry for the delay. Please take a look and advise about the missing pieces - I reviewed the relevant RCWs but am still unsure about these items. Agenda Bill - I'm not sure about the right hand side of this form - is this indeed old business on the consent agenda?Just confirming the right category of business for Council. Questions on the issue paper that mostly relate to the future, but I'd like to have ready for answers on 9/11: Once the council approves the resolution, is it the city clerk or Mayor's Office who is responsible for specifically requesting inclusion of the measure in the voters' pamphlet? Bonnie, you have tagged this as something to discuss. Our resolution says it is the Mayor's Office - but the KC guidelines say that the city legislative authority appoints the three member committees to write voters' pamphlets. Larry, did you mean to delegate this authority in the resolution to the Mayor's Office? The voters' pamphlet must be submitted to the Elections Office no later than forty-five days prior to the election date. Seems we should do this immediately, the day after Council action. And do we have to coordinate with the proponents to get the statement in? Who do we have to write the statement against, if that is our role?The King County Records and Elections Voters Pamphlet Guidelines for Ballot Measures states that the voters'pamphlet statement must be requested "by the governing authority of the jurisdiction by ordinance or resolution and fully paid for by the jurisdiction."Are voters' pamphlet costs covered or not covered by the $83,500 set aside for the election?Also, Dean Radford asked about the $ set aside for the election. Is that funding in City Clerk budget (I don't see it in your budget, Bonnie)or Misc. Non-Dep'tal (I only see $20K in there for election costs)?And - how can we confirm whether our costs will be higher or lower because we are going in the general instead of primary- do you want me to call Records and Elections to find this out? Finally, what specific steps are required for King County to follow once they receive our resolution?Thanks to both of you for your quick turnaround on this item. I very much appreciate your constructive help in getting this worked out. I called all the councilmembers yesterday and talked to all except for Randy and Don -and they are ok, understanding that this was a mistake, but don't like surprises. Bonnie Walton - RE: agenda bill and issue paper:fireworks initiative Page 3 Nor 'two Marty Wine Assistant Chief Administrative Officer, City of Renton 1055 South Grady Way Renton, WA 98057 P 425.430.6526 F 425.430.6523 mwine@ci.renton.wa.us CC: Walton, Bonnie Bonnie Walton - RE: Ballot to KC Page 1 ''ate► 'quo, From: "Larry Warren" <ljwarren@seanet.com> To: "'Bonnie Walton' <Bwalton@ci.renton.wa.us> Date: 9/1/2006 9:55:55 AM Subject: RE: Ballot to KC The letter looks fine, except my copy had the second addressee block on the right side misspaced. I assume that is the fault of the email. I have answered my question about what resolution is necessary by reviewing the statute cited in your letter. However, the basic question remains, what format does the county want?And, if we are going to do the resolution, would it be easier to just do the ordinance and not fight with the county? Or, would the count require both the ordinance and resolution? Will it require the resolution, even if we do the ordinance? I can draft anything needed, but need to know from the county what it needs. Original Message From: Bonnie Walton [mailto:Bwalton@ci.renton.wa.us] Sent: Friday, September 01, 2006 9:27 AM To: ljwarren@seanet.com Subject: Ballot to KC Attached is a draft letter I have prepared to transmit the ballot title to King County. I would appreciate your review and feedback. Bonnie, x6502 CC: "'Marty Wine' <MWine@ci.renton.wa.us> Bonnie Walton - RE: Ballot/Fireworks Ordinance Initiative Page 1 1410., Napo From: "McConnell, Sandy"<Sandy.McConnell©METROKC.GOV> To: "Bonnie Walton" <Bwalton©ci.renton.wa.us> Date: 9/1/2006 2:19:05 PM Subject: RE: Ballot/Fireworks Ordinance Initiative Bonnie: The attachments are documents containing information you will need to have completed to prepare your voters' pamphlet; the guideline, the form for appointing a pro and con committee and the deadline for submission to the voters' pamphlet. I am emailing them to you now so you can get a bit of a head start. Please call if I can be of further assistance. Thank you, Sandy McConnell King County Elections Acting Assistant Superintendent of Election Operations 206.296.1565 From: Bonnie Walton [mailto:Bwalton©ci.renton.wa.us] Sent: Friday, September 01, 2006 1:03 PM To: McConnell, Sandy Cc: Egan, Bobbie; Bouffiou, Sean Subject: RE: Ballot/Fireworks Ordinance Initiative Thank you for the clarification. We are preparing our Resolution now for adoption on Sept. 11th and will submit the documents thereafter. I appreciate your assistance. Bonnie >>> "McConnell, Sandy" <Sandy.McConnell©METROKC.GOV> 9/1/2006 11:54 AM >>> Bonnie: The legislative body must call for an election regardless of whether it by initiative petition or by the city council passing a resolution/ordinance such as the City of SeTac's. Maybe another example of this would help. I will fax you a copy of the City of Seattle's most recent resolution calling for a special election and this was from an initiative petition. You may find this helpful. You will also see that the ballot title is a part of the resolution calling for the election. The deadline for submission to appear on the General election ballot is September 22, 2006. Thank you, Sandy McConnell King County Elections Acting Assistant Superintendent of Election Operations 206.296.1565 Bonnie Walton - RE: Ballot/Fireworks Ordinance Initiative Page 2 Original Message From: Bonnie Walton [mailto:Bwalton©ci.renton.wa.us] Sent: Thursday, August 31, 2006 5:05 PM To: McConnell, Sandy Cc: Egan, Bobbie; Bouffiou, Sean Subject: Ballot/Fireworks Ordinance Initiative Importance: High ** High Priority** Sandy: Thank you for sending the copy of Sea Tac's ordinance. I think Renton's situation with this special election is a little different than the examples, though. The City of Renton is not the actual proponent of the issue that needs to be voted on. The citizens of Renton signed an Initiative petition with proposed ordinance attached and it was certified sufficient by KC. That petitioned proposal is what needs to go to a vote of the citizens of Renton. According to our research and that of MRSC, there is no RCW requirement that the City adopt an ordinance of its own to approve and submit the ballot title for an Initiative. Instead, it is our understanding that the City just needs to file the ballot title as prepared by the City Attorney, with the King County auditor, who in turn needs to notify the initiative proponents of the exact language of the ballot title. (See the ballot and appeal option and procedure as stated in RCW 29A.36.071 and RCW 29A.36.090.) So I think all Renton is required to do to get this on the ballot is to submit to KC Elections/Auditor, the ballot title, and a certified copy of the Council minutes documenting when City Council authorized the Initiative ordinance to go to Special Election (rather than the City just adopting the initiative ordinance as petitioned). Please let me know asap if you agree with this, and to whose attention we should address our letter submitting the ballot title and minutes. Also let me know who all at KC should get cc'd with the letter and documents. Thank you for your assistance with this. We want to get this filed as soon as possible, so there is no chance of it not being in the Nov. 7, 2006 election. I look forward to hearing from you. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 Bonnie Walton - RE: Ballot/Fireworks Ordinance Initiative Page 3 Now *AO CC: "Egan, Bobbie" <Bobbie.Egan©METROKC.GOV>, "Bouffiou, Sean" <Sean.Bouffiou©METROKC.GOV> KING COUNTY VOTERS' PAMPHLET GUIDELINES FOR BALLOT MEASURES Inside: 1. Rules for submitting statements 2. Deadlines for submitting statements — Page 6 3. Argument Committee Appointment Form — Page 7 4. Sample Voters ' Pamphlet statement — Page 8 King County Records, Elections and Licensing Services Division Election Section King County Administration Building, Room 553 500 Fourth Avenue Seattle, WA 98104-2337 Phone 206-296-1565 Fax 206-296-0108 TTY Relay: 711 OKing County Simplified Rules and Guidelines KING COUNTY LOCAL VOTERS' PAMPHLET - REQUIREMENTS FOR PARTICIPATION Voter's pamphlets for elections, other than the General Election, are NOT automatically produced. A voter's pamphlet must be specifically requested by the governing authority of the jurisdiction,by ordinance or resolution, and fully paid for by the jurisdiction. An ordinance or resolution requesting a voters' pamphlet must be submitted to the Elections Office no later than forty-five days prior to the election date. A. INTRODUCTION: These simplified rules and guidelines are based on King County Public Rule Document No. ELE 9-1 series, "Local Voters' Information Pamphlet Administrative Rules"and are focused primarily on the requirements pertaining to the preparation and submission of pamphlet material for ballot measures. They are based in turn on the statutory provisions found in Chapter 29A.32, Revised Code of Washington(RCW) B. DEFINITIONS: 1. "Local voters' pamphlet"or LVP shall mean a pamphlet prepared by the King County Records, Elections and Licensing Services Division containing locally prepared information on ballot measures and candidates for county elections and for other participating jurisdictions within King County. The voters' pamphlet contains information including but not limited to registration and voting procedures. 2. "Jurisdiction" shall mean any city,town or district located within King County for which elections are held. 3. "Participating jurisdiction" shall mean any jurisdiction participating in the publication and distribution of a King County local voters' pamphlet. 4. "Explanatory statement" shall mean the statement prepared by the appropriate jurisdiction's attorney stating the effect of a ballot measure, if passed into law. 5. "Director" shall mean the Director,King County Records, Elections and Licensing Services Division, or designee. 6. "Deadline" shall mean the close-of-business for the Records, Elections and Licensing Services Division (4:30 p.m.),unless otherwise stated, of the day indicated. 7. "Publication date"means the date on which the LVP material goes to the printer for publication, which shall be determined to be four weeks prior to the primary or election date. 1 SIMPLIFIED RULES AND ELINES °r+ PAGE 2 OF 8 C. ESTABLISHMENT OF STATEMENT COMMITTEES—DEADLINE: 1. For each measure from a jurisdiction that is included in the LVP, the legislative authority of the jurisdiction shall formally appoint: • A committee to prepare arguments advocating voters' approval of the measure(the proponents) and • A committee to prepare arguments advocating voters' rejection of the measure(the opponents). 2. Each committee shall have no more than three members. However, a committee may seek the advice of any person or persons. Members shall be appointed from persons known to favor or oppose the measure as appropriate. Each committee should select a spokesperson for that committee. a) If such persons are not immediately known, the jurisdiction should employ some formal means of notifying the public that members for the proponent or opponent committee are being sought. b) Members should not be drawn from the legislative authority of the jurisdiction sponsoring the ballot measure, or from members of its staff, in order to avoid any appearance of a conflict of interest. c) If the jurisdiction is unable to identify persons to serve on either or both statement committees,the jurisdiction shall notify the Director no later than the deadline date for committee appointments. Such notification shall detail the efforts made to establish the committee(s). A statement to that effect will be placed in the LVP. 3. Jurisdictions responsible for establishing committees to prepare arguments in favor of or in opposition to any ballot measure shall submit the names of the committee members, the spokesperson for the committee,and how that person can be readily contacted,not later than forty-five days before the primary or election. 4. Participating jurisdictions are responsible for providing appointed committee members with copies of the instructions, specifications, and deadlines contained herein regarding arguments and rebuttals. D. COMPOSITION: As required by state law,the LVP shall contain, as a minimum, the following information: 1. The ballot title of each measure to be considered. 2. An explanatory statement prepared by the jurisdiction and approved by the jurisdiction's attorney describing the effect of the measure if passed. 3. A local focus section prepared by the jurisdiction (optional). 4. Arguments for and against each measure to be submitted by committees selected for that purpose. 4 SIMPLIFIED RULES AND WIDELINES Page 3 of 8 5. Rebuttals prepared by each of the committees in response to the arguments submitted by the opposing committee. E. DEADLINES FOR SUBMISSION OF MATERIAL FOR PUBLICATION: 1. The local focus section, when used, shall be filed with the Director no later than 45 days prior to the primary or election. 2. Arguments in favor of or in opposition to any ballot measure,prepared by a committee designated in accordance with state law(RCW 29A.32.060), shall be filed with the Director no later than three days after the deadline for appointing the committee. 3. Rebuttals, if any, shall be filed with the Director no later than two days after the deadline for submission of arguments. Arguments or statements in favor of or in opposition to a ballot measure prepared and filed pursuant to paragraph 2 above, shall be available to opposing ballot measure argument committees after 4:30 p.m. of the day the arguments are due, or sooner if arguments from both proponent and opponent are received. Rebuttals are not exchanged. They may be viewed at the Elections Office on request. 4. Once submitted and received in the Voters' Pamphlet Office, arguments and rebuttals may not be withdrawn or changed except as provided in Section H below. F. SPECIFICATIONS- STATEMENT FOR BALLOT MEASURES: 1. Explanatory Statement: An explanatory statement shall be prepared for each measure included in the voters' pamphlet. It shall be prepared in block paragraph style, not to exceed 250 words in length,by the responsible jurisdiction and must be approved by the jurisdiction's attorney. The statement shall cover only the anticipated effect of the measure should it be passed into law. The statement shall not intentionally be an argument likely to create prejudice either for, or against,the measure. 2. Arguments and Rebuttals a. Limitations on the length of committee arguments are based upon the space available within the pamphlet. The general limitation on text length using block paragraph without indentation or the use of"bullets"is 200 words or less except 500 words may be used for municipal incorporation measures. Rebuttals shall be limited to 75 words or less. b. The use of indentation and"bullets"to emphasize issues and to make the copy more readable is permissible,but will reduce the allowable text length proportionately. In the event of any question regarding length under these circumstances, the decision of the Director as to the length shall be final. The Director shall notify preparing committees if the text is excessive and shall be allowed to edit the text if time permits. c. The name of the committee, or the committee members preparing the statement and a phone number where additional information on the argument may be obtained shall be added after the statements but shall not be included in the statement word counts. Committee members'titles shall not be included. SIMPLIFIED RULES ANDELINES Page 4 of 8 G. SUBMISSION OF MATERIAL: Submit materials to one of the following locations: 1. All material to be submitted to the Director, of the Records, Elections and Licensing Services Division, may be mailed or delivered, in-person or by delivery to: Records, Elections and Licensing Services Division Elections Section King County Administration Bldg., Room 553 500 Fourth Avenue Seattle, WA 98104 In person and by delivery between the hours of 8:30 am and 4:30 p.m., workdays, Monday through Friday. 2. Voters' pamphlet materials, including arguments for or against a measure and the rebuttals may be sent directly via FAX to the Voters' Pamphlet Office at: King County Elections Attn: Voters'Pamphlet FAX Number 425-788-5889 PHONE Number 425-788-7878 H. GENERAL PROVISIONS REGARDING SUBMITTED MATERIAL: 1. By preparing and distributing a LVP,King County provides an opportunity to better inform the voting public about measures and candidates on the ballot. Arguments and statements prepared by committees for or against measures are the responsibility of the authors and are not considered to represent the position of the County regarding the measure, or of any material contained therein; nor is the County responsible for the validity or accuracy of the statements, arguments or rebuttals. 2. Arguments for or against a measure,rebuttals, and explanatory statements will not be proof read for any errors in spelling,punctuation or syntax. The Director may, however, correct obvious typographical or punctuation errors. 3. Late corrections to a proponent or opponent ballot measure statement will be accepted only if the opposite committee does not object to the correction being made. 4. Explanatory statements, arguments, candidate statements for or against a measure, and rebuttal statements may be rejected if, in the opinion of the Director, any argument or statement offered for filing contains obscene, vulgar,profane, scandalous, libelous, defamatory, or treasonable matter; any language tending to provoke crime or a breach of the peace,or any language or matter the circulation of which through the mails is prohibited by any act of Congress. The committee or candidate submitting such a statement may appeal a rejection to the King County Prosecuting Attorney within five business days of rejection by filing an appeal with the Director. The Prosecuting Attorney will render a decision within five business days of the appeal. The decision of the Prosecuting Attorney shall be final. SIMPLIFIED RULES AND WDELINES Page 5 of 8 DISTRIBUTION: 1. Copies of the LVP shall be bulk mailed to each residence in the county for general elections and countywide special elections when authorized. 2. For elections involving less than the entire county and where a specific distribution is desired, copies of the LVP shall be mailed to each registered voter's residence within the jurisdictions served by LVP. 3. For special elections involving a vote-by-mail election,a copy of the LVP will be mailed to each registered voter unless, in the opinion of the Director, mailing to residences would be more efficient and economical. ATTACHMENTS: 1. Deadlines for Material to be submitted 2. Argument Committee Appointment Form 3. Election Dates for 2006 4. Sample Voters' Pamphlet Entries Revised 11/22/05 SIMPLIFIED RULES AND 1DELINES 14S PAGE 2 OF 8 DEADLINE DATES FOR KING COUNTY LOCAL VOTERS' PAMPHLET The following are the deadlines for the submission of material for the King County local voters' pamphlet (LVP) for the 2006 fall elections. Deadlines are as of 4:30 p.m. that day. NOTE: Voters'pamphlets for elections, other than the General Election, are NOT automatically produced.A voters' pamphlet must be specifically requested by the governing authority of the jurisdiction,by ordinance or resolution,and fully paid for by the jurisdiction. DEADLINE DEADLINE ITEM WORD Primary General LIMIT ORDINANCE OR RESOLUTION CALLING FOR - August 4 September 22 THE ELECTION. (The ballot measure) BALLOT TITLES: (cities and towns only) Summary 75 August 4 September 22 of the ballot measure as it will appear on the ballot. EXPLANATORY STATEMENT: Discusses the effect 250 August 4 September 22 of the measure if it passes into law. (Reviewed and approved by jurisdiction's attorney) COMMITTEE APPOINTMENTS: Use form August 4 September 22 Names of the persons appointed or selected to serve on provided the pro and con committees. ARGUMENTS FOR THE BALLOT MEASURE: 200 August 8 September 26 Written by the committee for the measure. (500- municipal incorporation) ARGUMENTS AGAINST THE BALLOT 200 August 8 September 26 MEASURE: Written by the committee against the (500- measure. municipal incorporation) AVAILABILITY OF ARGUMENTS: - August 8 September 26 Arguments prepared by the pro and con committees will be made available to the opposing committees for rebuttal after the close of business(4:30 p.m.)on these dates. STATEMENTS IN REBUTTAL: (This is optional). 75 August 10 September 28 Statements rebutting the argument made by the opposition.Rebuttals are not exchanged.They may be reviewed at the Elections Office upon request. SIMPLIFIED RULES AND bdIDELINES -.ow PAGE 2 OF 8 KING COUNTY LOCAL VOTERS' PAMPHLET ARGUMENT COMMITTEE APPOINTMENT FORM JURISDICTION: PROPOSITION: Print clearly and provide the correct spelling of the committee member's names. NOTE: A fax number is required for the exchange of committee arguments. COMMITTEE ADVOCATION APPROVAL COMMITTEE ADVOCATING REJECTION 1. NAME: 1. NAME: (SPOKESPERSON) (SPOKESPERSON) ADDRESS: ADDRESS: PHONE NO: PHONE NO: FAX NO: FAX NO: 2. NAME: 2. NAME: ADDRESS: ADDRESS: PHONE NO: PHONE NO: FAX NO: FAX NO: 3. NAME: 3. NAME: ADDRESS: ADDRESS: PHONE NO: PHONE NO: FAX NO: FAX NO: APPOINTED ADVISORS SUPPORTING APPOINTED ADVISORS SUPPORTING APPROVAL (OPTIONAL) REJECTION (OPTIONAL) I HEREBY CERTIFY THAT THE ABOVE NAMED INDIVIDUALS HAVE BEEN APPOINTED AND HAVE CONSENTED TO SERVE AS INDICATED, AND THAT THE NAMES, TITLES, AND/OR ORGANIZATIONS SHOULD BE LISTED IN THE OFFICIAL LOCAL VOTERS' PAMPHLET IN THE MANNER SET FORTH. AUTHORIZED SIGNATURE DATE KING COUNTY LOCAL VOTERS' PAMPHLET ARGUMENT COMMITTEE APPOINTMENT FORM JURISDICTION: PROPOSITION: Print clearly and provide the correct spelling of the committee member's names. NOTE: A fax number is required for the exchange of committee arguments. COMMITTEE ADVOCATION APPROVAL COMMITTEE ADVOCATING REJECTION 1. NAME: 1. NAME: (SPOKESPERSON) (SPOKESPERSON) ADDRESS: ADDRESS: PHONE NO: PHONE NO: FAX NO: FAX NO: 2. NAME: 2. NAME: ADDRESS: ADDRESS: PHONE NO: PHONE NO: FAX NO: FAX NO: 3. NAME: 3. NAME: ADDRESS: ADDRESS: PHONE NO: PHONE NO: FAX NO: FAX NO: APPOINTED ADVISORS SUPPORTING APPOINTED ADVISORS SUPPORTING APPROVAL (OPTIONAL) REJECTION (OPTIONAL) I HEREBY CERTIFY THAT THE ABOVE NAMED INDIVIDUALS HAVE BEEN APPOINTED AND HAVE CONSENTED TO SERVE AS INDICATED, AND THAT THE NAMES, TITLES, AND/OR ORGANIZATIONS SHOULD BE LISTED IN THE OFFICIAL LOCAL VOTERS' PAMPHLET IN THE MANNER SET FORTH. AUTHORIZED SIGNATURE DATE low .4w DEADLINE DATES FOR KING COUNTY LOCAL VOTERS' PAMPHLET The following are the deadlines for the submission of material for the King County local voters' pamphlet (LVP) for the 2006 fall elections. Deadlines are as of 4:30 p.m. that day. NOTE: Voters' pamphlets for elections, other than the General Election, are NOT automatically produced. A voters' pamphlet must be specifically requested by the governing authority of the jurisdiction, by ordinance or resolution, and fully paid for by the jurisdiction. DEADLINE DEADLINE ITEM WORD Primary General LIMIT ORDINANCE OR RESOLUTION CALLING FOR - August 4 September 22 THE ELECTION. (The ballot measure) BALLOT TITLES: (cities and towns only) 75 August 4 September 22 Summary of the ballot measure as it will appear on the ballot. EXPLANATORY STATEMENT: Discusses the 250 August 4 September 22 effect of the measure if it passes into law. (Reviewed and approved by jurisdiction's attorney) COMMITTEE APPOINTMENTS: Use form August 4 September 22 Names of the persons appointed or selected to provided serve on the pro and con committees. ARGUMENTS FOR THE BALLOT MEASURE: 200 August 8 September 26 Written by the committee for the measure. (500- municipal incorporation) ARGUMENTS AGAINST THE BALLOT 200 August 8 September 26 MEASURE: Written by the committee against the (500- measure. municipal incorporation) AVAILABILITY OF ARGUMENTS: - August 8 September 26 Arguments prepared by the pro and con committees will be made available to the opposing committees for rebuttal after the close of business (4:30 p.m.) on these dates. STATEMENTS IN REBUTTAL: (This is optional). 75 August 10 September 28 Statements rebutting the argument made by the opposition. Rebuttals are not exchanged. They may be reviewed at the Elections Office upon request. vpdeadln2006 September 11,2006 §1100 Renton City Council Minutes yip/ Page 298 MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL GRANT THE SPEAKER FIVE ADDITIONAL MINUTES. CARRIED. Ms. Petersen thanked Council for the additional time to speak. She asked that Council consider her comments, and emphasized that the HCA is working hard for the community. Citizen Comment: Devine- Matthew D. Devine, 527 S. 28th Pl., Renton,98055, spoke as president of the Airport-Related Noise Victoria Park Homeowners Association. He noted that his neighborhood is in the noisy flight path of Renton Municipal Airport,which experienced an increase in aircraft traffic and different types of aircraft as a result of runway repairs at Boeing Airport during August. Mr. Devine pointed out that in addition to the aircraft noise, his neighborhood endures noise from SR-167 and illegal street racing in the Valley. Noting that twin engine jets emit a substantial amount of noise,he requested that Renton not make any changes to the airport that alters the mix of aircraft that currently uses the airport. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. • Council Meeting Minutes of Approval of Council meeting minutes of 8/21/2006. Council concur. 8/21/2006 Appointment: Parks Mayor Keolker appointed the following individuals to the Parks Commission: Commission Al Dieckman, 1837 NE 29th Ct.,Renton, 98056, for a four-year term expiring 6/1/2010, and Larry Reymann, 1313 N. 38th St., Renton,98056, for a four-year term expiring on 6/1/2008. Refer to Community Services Committee. Appointment: Parks Mayor Keolker reappointed Cynthia Burns, 2007 NE 12th St.,Renton, 98056, Commission and Michael O'Donin,423 Pelly Ave. N., Renton, 98055,each to the Parks Commission for a four-year term expiring 10/1/2010. Council concur. Public Safety: citizen Administrative,Judicial and Legal Services Department recommended approval Init_ iativy,Fireworks Ordinance of a resolution transmitting the fireworks initiative ballot title to King County and requesting a special election on 11/7/2006. Council concur. (See page 300 or resolution.) WSDOT: 2006 State Highway ity Clerk submitted annual Washington State Department of Transportation Routes Certification certification of State Highway Routes within the limits of incorporated cities and towns as of 7/1/2006(required by RCW 47.24.010). Information. CAG: 06-141, May Creek City Clerk reported bid opening on 8/30/2006 for CAG-06-141,May Creek Bank Stabilization Edmonds Bank Stabilization: Edmonds Ave. Outfall Replacement;ten bids; engineer's Ave Outfall Replacement, Fury estimate $169,337.40;and submitted staff recommendation to award the Construction contract to low bidder, Fury Construction, LLC, in the amount of$139,060. Council concur. CAG: 06-159, Renton Ave S/S City Clerk reported bid opening on 9/6/2006 for CAG-06-159,Renton Ave. 3rd St Storm System Outfall S./S. 3rd St. Storm System Outfall Relocation;two bids; engineer's estimate Relocation, Gary Merlino $23,516; and submitted staff recommendation to award the contract to low Const Co bidder, Gary Merlino Construction Company, Inc., in the amount of$53,940. Council concur. Community Services: New Community Services Department requested approval of a 1%for Art project Park,233 Union Ave NE, 1% consisting of etched stainless curved panels for the new park currently under for Art Project construction in the Heather Downs neighborhood(233 Union Ave. NE),and approval of the expenditure of$10,000 from Fund 125. Refer to Community Services Committee. Gwer OF RENTON COUNCIL AGENDANWILL AI#: s di Submitting Data: For Agenda of: Dept/Div/Board.. AJLS September 11, 2006 Staff Contact Marty Wine, Asst. CAO (x6526) Agenda Status Consent X Subject: Public Hearing.. City of Renton Initiative Measure Concerning Fireworks Correspondence.. Ordinance Resolution X Old Business Exhibits: New Business Resolution Study Sessions Issue Paper Information Council minutes of 4/3/06 and 4/10/06 MRSC Initiative and Referendum Guide,p. 13-14 Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $80,000 (2007) Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: In November, 2006, proponents of the fireworks initiative submitted a petition to lift the City's fireworks ban, certified by King County Records & Elections as sufficient in March, 2006. On April 10, 2006, Council approved the petition and called for election by motion on the consent agenda. The City Clerk notified the legal representative for proponents of Council action. In July, the City Attorney had the City Clerk route the draft ballot title to the proponents, Renton Fire Department, and King County. On August 29, initiative proponents alerted the City Clerk that the initiative was not listed in the voters'pamphlet. In order to be placed on the September 19, 2006 primary election ballot, Renton should have filed the ballot title resolution with King County within 45 days of that election (August 4). The City has never had the responsibility to place an initiative on the ballot for a third party. Despite careful reading of the law and process, an internal miscommunication occurred about the action to file the ballot title and request the election of King County. Renton failed to file the ballot title with King County in time for the primary election. The City Clerk and City Attorney regret this error. However, it is still possible to place the initiative on the November general election ballot. The effective date, if approved, would be upon King County's certification of election results. STAFF RECOMMENDATION: Approve a resolution transmitting the fireworks initiative ballot title to King County and requesting a special election on November 7, 2006. Rentonnetlagnbill/ bh is r./ ° ADMINISTRATIVE, JUDICIAL, AND • ® , LEGAL SERVICES DEPARTMENT �bL ,eN T MEMORANDUM DATE: September 11, 2006 TO: Randy Corman, Council President Members, Renton City Council VIA: Kathy Keolker, Mayor FROM: Marty Wine, Assistant Chief Administrative Officer STAFF CONTACT: Bonnie Walton, City Clerk SUBJECT: Fireworks Initiative: Timeline, Status and Next Steps ISSUE: Should the City Council request that King County call a special municipal election to consider revoking the City's ban on fireworks, to coincide with the November 7, 2006 general election, and place Proposition 1 before the qualified electors of the City of Renton? RECOMMENDATION: The Administration recommends that Council approve a resolution calling for King County to hold a special municipal election, and transmitting the ballot title to the King County Division of Records and Elections for placement on the general election ballot. BACKGROUND SUMMARY: In November 2005, the proponents of the fireworks initiative submitted a petition to lift the City's fireworks ban. The petition was certified by King County Records & Elections as sufficient in March 2006. On April 10, 2006, Council approved placing the proposed fireworks ordinance on the election ballot. The next day, the City Clerk notified the legal representative for the proponents of Council action. • In June,the City Attorney prepared a proposed initiative ballot title as required by RCW 29A.36.071, and sent a copy to the City Clerk for routing and review by the initiative proponents, King County Records and Elections, and the Renton Fire Department. On July 5, 2006, the City Attorney routed a copy of the revised ballot title to the City Clerk. The City Clerk believed the City Attorney was filing the ballot title with King County, however that was not the case. c:\docume-1\mwine\locals-1\temp\mxlibdir\fireworks_issue paper.doc Council President Randy(ol4an ,,,re Page2of3 September 11,2006 On August 29, 2006, initiative proponents alerted the City Clerk that the initiative was not listed in the voters' pamphlet. In order to be placed on the September 19, 2006 primary election ballot, Renton should have filed the ballot title by resolution with King County 45 days or more prior to the election (August 4). The City of Renton has never had the responsibility to place an initiative on the ballot for a third party. Despite our careful reading of the law and process, an internal miscommunication occurred about the action to file the ballot title and request the election of King County. Renton failed to file the ballot title resolution with King County in time for the primary due to our internal miscommunication. The Assistant CAO, City Clerk and City Attorney sincerely regret this error. However, it is still possible to place the initiative on the general election ballot in November. The effective date of the initiative, if approved, would be upon certification of election results by King County. A resolution requesting King County place the issue on the ballot is now needed. King County requires that the ballot title prepared by the City Attorney be adopted by Council by resolution that calls for the special election, and then that resolution would be filed with the County in order to place it on the ballot. RCW 29A.04.330(2) indicates that the election must be called for by resolution. The initiative process guide prepared by MRSC and followed by the City Clerk made no mention of these resolution requirements. In consultation with the Municipal Research Services Center (MRSC) and King County Records and Elections, the City Clerk researched the appropriate mechanism to request an election. There is no state law that indicates the City must adopt legislation to approve an initiative ballot title. Since this is a citizen initiative and not a city proposal, the only legal requirement seems to be for the City to file the ballot title. Then, the County has certain obligations they must follow in order to present the ballot title to the proponents for approval and place it on the ballot. The City Clerk and City Attorney believe that because the City of Renton is not the proponent, the only action needed is a resolution reflecting Council's motion approving a special election approved in April. (If it were a City proposal, such as for lid lift or a bond issue, then an ordinance calling for special election and transmitting the ballot title would be appropriate.) The City Clerk has confirmed with King County Records and Elections that a resolution reflecting Council approval of the initiative for the ballot and transmitting the ballot title is required and sufficient to place the measure on the ballot. The City must now meet a filing deadline of September 22.with King County to place the initiative on the November 7 ballot. The approval of this resolution will set the following steps in motion: • The city clerk must cause the measure that will be submitted to the voters at an election to be published at least once in the daily newspaper in the city between c:\docume-4\mwine\locals 1\temp\mxlibdir\fireworks_issue japer.doc Council President Randy Clan r,rr Page 3 of 3 September 11,2006 five and twenty days before the election. This would occur between October 18 and November 2. • The city legislative authority is responsible for specifically requesting inclusion of the measure in the voters' pamphlet by resolution or ordinance and that step is included in the proposed resolution. The King County Records and Elections Voters Pamphlet Guidelines for Ballot Measures states that the voters' pamphlet statement must be requested "by the governing authority of the jurisdiction by ordinance or resolution and fully paid for by the jurisdiction." The voters' pamphlet statement must be submitted to the Elections Office no later than forty- five days prior to the election date. • Once the ballot title is filed, the County will notify the proponents of the exact language of the ballot title and a 10-day window exists for appeal. • The election is to be held not 45 days after the certificate of sufficiency is received by the council. The City's election costs will be incurred in 2006 but billed and paid in 2007. The Administration will propose $82,500 to cover these election costs in the 2007 budget. RCW 29A.04.410 states that each jurisdiction is liable for its proportionate share of the costs when held in conjunction with other elections, and the City Clerk has confirmed this estimated cost with King County Records and Elections. The Administration's recommendation in April was to assure that voters fully understand the intention of the ordinance, so that they may accurately and confidently vote their preference. As a separate action and issue, the City Council is permitted to express its position on the ballot measure consistent with RCW 42.17.130 and Public Disclosure Commission guidelines, which state that local elected legislative bodies "may collectively vote to support or oppose a ballot measure at a properly noticed public meeting, where opponents of the measure are given an equal opportunity to express views." CONCLUSION: The purpose of this resolution is to connect the steps of 1) Council's earlier approval to hold a special election related to the fireworks initiative; and 2)the transmittal of the ballot title to King County Records and Elections. The action would cause King County place the issue on the November 7, 2006 general election ballot, and the City of Renton to publish the text of the initiative in advance of the election, and coordinate the submittal of voters' pamphlet statements to King County. c:\docume-1\mwine\locals 1\temp\mxlibdir\fireworks_issue_paper.doc CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, REQUESTING THAT THE KING COUNTY DIVISION OF RECORDS AND ELECTIONS CALL A SPECIAL MUNICIPAL ELECTION, TO COINCIDE WITH THE GENERAL ELECTION TO BE HELD ON NOVEMBER 7 , 2006, AND PLACE PROPOSITION NO. 1 BEFORE 1'.HJ QUALIFIED ELECTORS OF THE CITY OF RENTON ON THE NOVEMBER 7, 2006, BALLOT. WHEREAS, proponents submitted to the office of the City Clerk an initiative petition to lift the fireworks ban within the City of Renton, and adopt an ordinance establishing the times and conditions under which fireworks could be sold and used; and WHEREAS, the office of the City Clerk forwarded the petition to the King County Division of Records and Elections for certification whether the petition bore a sufficient number of valid signatures to qualify for introduction to the City Council; and WHEREAS, on February 8, 2006, the King County Division of Records and Elections certified that the petition was insufficient; and WHEREAS, on February 23, 2006, proponents filed an amendment to the petition containing additional signatures; and WHEREAS, the office of the City Clerk forwarded this amended petition to the King County Division of Records and Elections for certification whether the petition bore a sufficient number of valid signatures to qualify for introduction to the City Council; and WHEREAS, on March 13, 2006, the King County Division of Records and Elections certified that the initiative petitions bore sufficient valid signatures to qualify for introduction to the City Council; and 1 RESOLUTION NO. WHEREAS, the initiative was not adopted by the Renton City Council, and pursuant to law, must be submitted to the voters of the City of Renton; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION H. The City of Renton requests, in the form of this Resolution, that King County call a special municipal election to coincide with the November 7, 2006, general election, and place Proposition 1 before the qualified electors of the City of Renton in the November 7, 2006, ballot. SECTION III. The City Clerk is authorized and directed to take those actions necessary to place Proposition 1 before the voters on the November 7, 2006, election. SECTION IV. The City Attorney has prepared the following ballot title for Proposition 1. The City Clerk is authorized to transmit this ballot title to King County Division of Records and Elections: CITY OF RENTON INITIATIVE MEASURE CONCERNING FIREWORKS This measure would revoke the City of Renton's ban on the sale and discharge of all fireworks within the city, except for publicly sponsored displays and would allow for the sale and discharge of consumer fireworks on certain days within certain hours, to commemorate Independence Day and the New Year, and would set regulations for the sale and discharge of fireworks and penalties for violations. Should this measure be enacted into law? ❑ Yes ❑ No 2 • RESOLUTION NO. `r'" SECTION V. The Mayor is authorized and directed to take those actions necessary to place the information regarding Proposition 1 in the November, 2006, voter's pamphlet. SECTION VI. Actions taken prior to adoption of this resolution that are consistent with it are hereby ratified and confirmed. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1208:9/5/06:ma 3 k �Qmp CITY OF RF`kiTON I U"r ilq° NNW NOV NOV 0 1 2005 WARNING RECEIVED CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME,OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER,OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN,OR WHO MAKES HEREIN ANY FALSE STATEMENT,SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington,propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full,true and correct copy of which is included herein.The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase,possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five(45)days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code;and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Sign,ture Printed Name Address .__ Date 1. .. ti,` t► . .`1 r) ( ' ` A0 /01 ' cis L 3.f e /1 ,/ ; p 07 C:a i (Pd ., 1 g L- • l 7/gib 5. ) ' i 6. 12 ' A. , ,. a— SstCck Wa4, S1,L 5 5 1:5ZS, ts4-- 7 1 O 8._____,,,v7,,,,,,,,7 ,-,.2_,*c-,,wt,,~,a- 2,-)t.7/C,--_ Z tr:, ,,,, (3 .0.4/r eSrli-7r.<11 AYr" X etT-1", ' /j_i/a,4 . 97.,---:29-fte, -,f— *c_AA...;,, 7-42,,,,,, M,-,,,-;s ,42-1-2 LUelk 11-v‘e .S. j4". fl-t-t-Adi ./ '7 /us 10 i cl_-,..,j t_.,.5 c.,e____,_„. A/ A N c d a i AT /f. '01_41,4 4,,e._ -7/z_7/0,3 12. E 201F '?,e <N: • 13. ( S er r 7-•2'7-ds' / y.,5' .. /ter, ----,j.�.,„• ,5 3s-"-L,/,,l,,,a-�s / ,,,,_/�' 3 ts 1 . ...�. / • 4te- 1 AMPIADEMNIMMILMom, 4 ' ..L,I -•. .A cN 4 C > td � 16,.....2:.7,44,„t� ix� , rs,-r c j.X 11? .. A v. j',-. d..,-,.r -pc 17. ml, uI; A .,Le / - d ^ all LV /A 1 t J > 'i./ i Chi '+ , Li 19. 20. CON ACE S sectio Section 1.Renton Ordinance Number 5088 and everyiREWnR a Renton MR i paORDe enacted thereby are completely ret.,, J. Section 2: The following is hereby enacted to be codified asViert of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes,forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate,continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks"means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks,articles pyrotechnic,special effects,consumer fireworks or display fireworks. B. "Display fireworks"means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration,or detonation and includes, but is not limited to,salutes containing more than two grains(130 milligrams)of explosive materials,aerial shells containing more than 40 grams of pyrotechnic compositions,and other display pieces which exceed the limits of explosive materials for classification as"consumer fireworks"and are classified as fireworks UN0333,UN0334,or UN0335 by the United States Department of Transportation at 49 C.F.R.Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks"means any small firework device designed to produce visible effects by combustion and which must comply with the construction,chemical composition,and labeling regulations of the United States Consumer Product Safety Commission,as set forth in 16 C.F.R.Parts 1500 and 1507 and including some small devices designed to produce audible effects,such as whistling devices,ground devices containing 50 milligrams or less of explosive materials,and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R.Section 172.101 as of the effective date of this ordinance,and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks"includes fireworks devices distributed to farmers, ranchers,and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E."Articles pyrotechnic"means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F."Flame effects"means the detonation,deflagration,or ignition of flammable gases,liquids,or special materials to produce a thermal,physical,visual,or audible effect before the public, invitees,or licensees, regardless of whether or not there an admission fee is charged. G."Special effects"means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere,and designed and intended to produce an audible,visual, mechanical,or thermal effect as an integral part of a motion picture,radio,television,theatrical,or opera production,or live entertainment. H.`Public display of fireworks"means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic,special effects or display fireworks. I."Fire nuisance"means any thing or any act which increases,or may cause an increase of,the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing,suppressing, or extinguishing fire;or which may obstruct,delay, or hinder,or may become the cause of any obstruction,delay or the hindrance,to the prevention of or extinguishment of fire. J."License"means a nontransferable formal authorization which the chief of the Washington State Patrol,through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K."Licensee"means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L.`Permit"means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M."Permittee"means any person issu a fireworks permit in conformance with CI .er 70.77 RCW. N."Person"includes any individual,firr ., partner' 'n,joint venture, association,concern,corporation ate, trust, business trust, receiver,syndicate,or any other p or combination acting as a unit. 0.`Manufacturer"includes any person who manufactures, makes,constructs,fabricates,or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P."Wholesaler"includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q."Retailer"includes any person who,at a fixed location or place of business,offers for sale,sells,or exchanges for consideration consumer fireworks to a consumer or user. R."Pyrotechnic operator"includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic,special effects or display fireworks. S."Fire chief"means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T."Permanent storage"means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U."Temporary storage"means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W."Retail fireworks stand"means a tent or other temporary structure made of wood,metal or other material,which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks,at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks,except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3.Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include,at a minimum,the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; • 3. A valid and current license issued by the chief of the Washington State Patrol,through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought,and,for retail sales,a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures,distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing,issuance and inspections and all other costs, if any,of any kind, including business license fees.The applicant shall post a$500.00 cash bond,conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by • the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and$2,000,000 for bodily injury liability for each person and event, respectively,and not less than$500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display.All applications shall be accompanied by a nonrefundable permit fee of$500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4.Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit,together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol,through the director of fire protection,pursuant to Chapter 70.77 RCW,to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted,the sale, possession and use of fireworks for the public disnlav is Section 8.Supervision of public die, ys. Every public display of fireworks shall be handle.,,., supervised by a pyrotechnic operator licensed by e State Fire Marshal pursuant to Chapter 70.77 ROW. Section 9. Permit authorizes activities of sellers,representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives,and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold,offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June,from 9:00 a.m. until 11:00 p.m.on each day from the twenty-nineth day of June until the fourth day of July,and from 9:00 a.m.until 9:00 p.m.on the fifth day of July and from 12:00 noon to 11:00 p.m.on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m.on the twenty-eighth day of June,2006,from 9:00 a.m. until 11:00 p.m.on each day from the twenty-nineth day of June, 2006, until the third day of July,2006,from 12:00 noon until 12:00 midnight on the fourth day of July,2006,from 12:00 noon until 11:00 p.m.on the fifth day of July,2006,and from 6:00 p.m.on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007,and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July,from 12:00 noon until 12:00 midnight on the fourth day of July,from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m.on the thirty-first day of December until 1:00 a.m.on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2)and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311;and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store,offer for sale,sell at retail, use,explode,fire, ignite, or discharge any fireworks in the city. Section 11.Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12.Sales locations. All sales of consumer fireworks shall be from temporary stands,which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13.Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14.Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15.Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m.on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m.on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler,to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Upon receiving a written application for temporary storage,the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation,the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States,or any other valid identification with photo issued by any agency or department of the United States federal government.No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19.Manufacture or sale of fireworks for out-of-State shipment. IThis ordinance does not prohibit any manufacturer,wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol,through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling,compounding, use and display of articles pyrotechnic,flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions,theatricals or operas when such assembling,compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. - Section 21. Nonprohibited acts - iI purposes, forest protection. This ordinance does not prohibit the Tilt_ of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. April 3,2006 N, Renton City Council Minutes „ego Page 95 , Citizen Comment: Lansciardi - Anthony James Lansciardi, 1524 Jefferson Ave. NE,Renton, 98056, stated that Highlands Sub-Area Plan his landlord owns two properties in the Highlands redevelopment area. He pointed out that the subject housing proposed to be replaced represents a historic period of time. Mr. Lansciardi noted that the houses are well built, and have endured over time. Citizen Comment:Lewis- Bonnie Lewis, 1520 Harrington Ave.NE,Renton, 98056, stated that she is not Highlands Sub-Area Plan a slum landlord, and she depends on the rent she receives from her duplex as part of her income. She reported that she lives across the street from McKnight Middle School, which is the source of the trash that ends up in her yard. Ms. Lewis indicated that she tries to make a major improvement to her property each year. She expressed her displeasure that her house is threatened due to the Highlands redevelopment effort. Citizen Comment: Boyd- Donovan Boyd, 2901 NE 8th Pl., Renton, 98056, expressed concern regarding Highlands Sub-Area Plan the Highlands redevelopment, saying that during the initial discussions with developers,he had heard that developers were not interested unless there was an assemblage of properties. Mr. Boyd stressed that he does not want to move, as he is happy with his home and it is affordable. He requested that citizens, especially the affected property owners,be provided regular updates about the plan to prevent miscommunication. In response to Mr.Boyd's comment that some property owners reported they did not receive notice of the open house last November, Mayor Keolker stated that all affected property owners that were on record with King County at the time of the meeting were notified. Economic Development Administrator Pietsch clarified that as a regular course of action,the City mails notices about land use actions to all affected property owners,and property owners within 300 feet of the affected boundaries. Discussion ensued regarding communications with citizens and the literature handed out at the Council meeting by audience member Inez Petersen. Council President Corman reviewed the Option A and Option B referred to in Ms. Petersen's literature, saying that Option A is unrecognizable. He stated for the record that he is in agreement with this Option B, and noted that it does not seem to align at all with the Option A and B that was discussed at the Council workshop. ADDED ITEM Assistant City Attorney Zanetta Fontes reported receipt of an initiative petition Public Safety: Citizen and proposed ordinance entitled "Fireworks Control Ordinance." The proposed Initiativ ,Fireworks ordinance repeals Ordinance 5088,and enacts provisions regarding the Ordinance possession, sale, and discharge of fireworks in Renton. She explained that if an ordinance initiated by the initiative process is enacted by Council,or voted upon by the people,it cannot be changed in any way by Council short of another special or general election. Ms. Fontes reviewed the proposed ordinance,noting typographical errors, inconsistencies,contradictions,and enforcement problems. Continuing,Ms. Fontes stated that the City's options are to 1)Adopt the ordinance as is; or 2)Put it on the ballot. Council has 20 days from tonight to make a decision. Chief Administrative Officer Jay Covington pointed out that the proposed ordinance reverses the City's current ordinance, which prohibits the discharge of fireworks in Renton except as part of a special event. The proposed ordinance allows for a longer firework season and more types of firework devices than the City allowed before the ban. April 3,2006 New Renton City Council Minutes rrr' Page 96 In response to inquiries, Ms. Fontes explained that the City of SeaTac has taken the position that the proposed ordinance title is insufficient,and is currently involved in litigation. She noted that if the City does not choose either option, involvement in litigation may result. Ms.Fontes stated that the City can offer alternative pieces of legislation on the ballot, thereby allowing the voters a choice. She assured that the title of the proposed ordinance does not become the ballot title, advising that the City Attorney's office is responsible for writing the ballot title. EXECUTIVE SESSION MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL RECESS AND ADJOURNMENT INTO EXECUTIVE SESSION FOR APPROXIMATELY 20 MINUTES TO DISCUSS LITIGATION WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time: 8:54 p.m. Executive session was conducted. There was no action taken. The executive session and the Council meeting adjourned at 9:25 p.m. 6411A2G6 lda.e Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann April 3, 2006 RENTON CITY COUNCIL Regular Meeting April 10, 2006 Council Chambers Monday, 7:00 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF RANDY CORMAN, Council President; DON PERSSON; MARCIE PALMER; COUNCILMEMBERS TERRI BRIERE; DENIS LAW; DAN CLAWSON. MOVED BY LAW, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILWOMAN TONI NELSON. CARRIED. CITY STAFF IN KATHY KEOLKER,Mayor;LAWRENCE J. WARREN, City Attorney; ATTENDANCE BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator;LYS HORNSBY, Utility Systems Director; TERRY HIGASHIYAMA,Community Services Administrator;LESLIE BETLACH,Parks Director;ALEX PIETSCH, Economic Development Administrator; LINDA HERZOG, Interim Assistant to the CAO; INTERIM CHIEF LARRY RUDE, DEPUTY CHIEF CHUCK DUFFY and FIRE MARSHAL/BATTALION CHIEF STAN ENGLER; INTERIM CHIEF KEVIN MILOSEVICH and COMMANDER FLOYD ELDRIDGE,Police Department. ADMINISTRATIVE Linda Herzog, Interim Assistant to the CAO,reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2006 and beyond. Items noted included: * Everyone is invited to tune into KING 5 TV on April 20th at 7:00 p.m.as Evening Magazine reveals why Renton's Liberty Park Skate Park is Western Washington's official favorite according to Evening Magazine's "Best of Western Washington"contest. * The Henry Moses Aquatic Center opens to the public on June 17th. AUDIENCE COMMENT Robert Key, 1008 Anacortes Ave. NE,Renton,98059, spoke on the topic of the Citizen Comment: Key- citizen fireworks initiative. He stated that he does not support fireworks in Citizen Initiative,Fireworks Renton,as the use of fireworks causes injuries,property loss, trauma to pets Ordinance and people, and expense to the City. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL SUSPEND THE RULES AND ADVANCE TO ITEM 5.c. ON THE CONSENT AGENDA. CARRIED. Consent Agenda Administrative,Judicial and Legal Services Department submitted King County Item 5.c. certified initiative petition with proposed ordinance filed by Jerry Farley. The • Public Safety: Citizen proposed ordinance repeals Renton Ordinance 5088, and enacts provisions Initiative,Fireworks regarding the possession, sale,and discharge of fireworks in Renton. Approval Ordinance was sought to request that King County place the proposed fireworks ordinance on the 9/19/2006 election ballot. City Attorney Larry Warren stated that in regards to this matter, Council only has the following two options: 1)adopt the petition ordinance as is; or 2) submit the petition ordinance for the next possible election ballot, which is on 9/19/2006. ' ' April 10,2006 Renton City Council Minuta„e Page 102 { Councilmembers noted that the proposed ordinance: allows fireworks not only on July 4th, but around the New Year as well;expands the hours of fireworks discharge from 15 (prior to the fireworks ban in Renton) to 125 annually; makes it more difficult for law enforcement to prosecute the misuse of fireworks; and is not well written. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL CONCUR IN PLACING THE PROPOSED FIREWORKS ORDINANCE ON THE ELECTION BALLOT. CARRIED. Mayor Keolker stated for the record that neither she nor any Councilmember is happy about this. Councilwoman Briere noted that the City cannot campaign against the proposed ordinance. Mayor Keolker added that Council can choose to take a position on the matter. Councilman Clawson pointed out that placing this issue on the election ballot will cost the City an estimated $85,000. Citizen Comment: Petersen- Inez Petersen,3306 Lake Washington Blvd. N.,#3,Renton, 98056,questioned Highlands Sub-Area Plan the potential expenditure of$5 million for a trail, as discussed in Committee of the Whole, when there are streets that need paving. Additionally, she commented that she has not received the financial information that she requested regarding the Highlands Sub-Area Plan Options A and B. Ms. Petersen questioned the accuracy of the City's Highlands area crime statistics, and expressed her disappointment with the Environmental Review Committee's determination on April 4th regarding the area's zoning. She noted that citizens have until April 24th to appeal this decision. Citizen Comment: Dieffenbach Lawrence Dieffenbach, 18026 Midvale Ave. N., Shoreline, 98133, stated that -Persecution of Falun Gong he was speaking on behalf of Falun Gong practitioners in Washington State, Practitioners requesting that Council send a message to President Bush and Governor Gregoire asking that they speak with the People's Republic of China President Hu Jintao during his upcoming visit about Falun Gong persecution in China. Mr. Dieffenbach expressed concern regarding the violation of human rights, stressing that there must be accountability in China. Citizen Comment: Tsang- Tony Tsang, 5301 164th Ave. SE,Bellevue,98006,expressed concern about Persecution of Falun Gong the persecution of Falun Gong practitioners in China, which has also extended Practitioners overseas to countries where Falun Gong is active. He urged Council to write a letter to President Bush and Governor Gregoire requesting that they talk to Chinese leader Hu Jintao about Falun Gong persecution during his upcoming visit to Seattle. Citizen Comment: Madson- Lori Madson, 1301 SW 16th St.,Renton,98055, stated that many people Citizen Initiative, Fireworks worked hard to get fireworks banned in the City of Renton, and she expressed Ordinance disappointment with the proposed citizen petition ordinance that would repeal Renton's fireworks ban ordinance. Ms. Madson commented that the effort to repeal the ban is fueled by money, as the person spearheading this effort is a lobbyist for the fireworks industry. She noted that the estimated$85,000 necessary to place the proposed ordinance on the election ballot could have been spent hiring a professional fundraiser to work with groups that profit from the selling of fireworks to find alternative ways of raising money. Ms. Madson questioned who is going to lobby for those who support the fireworks ban, and asked what she can do to help. Mayor Keolker stated that the Administration and Council are also very frustrated over this matter. City Attorney Warren explained that Councilmembers and City staff are prohibited by State law from using any City April 10,2006 err/ Renton City Council Minutes Page 103 • facilities to campaign for or against any ballot initiative;however, the City can provide strictly factual information such as property damage statistics. He indicated that elected officials and City staff can campaign on their own time. Councilmembers made suggestions as to what type of organizations Ms. Madson can contact,and what she can do to help support the fireworks ban. It was also suggested that at a future meeting, Council invite speakers to speak for and against this initiative. Citizen Comment:Temple- Eric Temple, President of the Spirit of Washington, 625 S.4th St.,Renton, Pavilion Building/Downtown 98055, spoke on the topic of public safety, saying that an assault occurred over Transit Center Safety the weekend at the Pavilion Building, which is used as an event center. He Concerns commented that public safety in the downtown area has been an ongoing issue, and he asked that the City take stronger action. Citizen Comment: Quincy- Don Quincy, Spirit of Washington Food and Beverage Director,625 S. 4th St., Pavilion Building/Downtown Renton, 98055, reported that he and a client were assaulted on April 8th at the Transit Center Safety Pavilion Building by 15 kids walking through the parking lot. He asked for Concerns more police presence in the area, noting that he personally patrols the area to try to ensure that his clients and employees are safe. He described the unruly behavior, which occurs on a daily basis at the Renton Transit Center, as well as past incidents, including verbal abuse, fights, and thefts that have affected Pavilion Building events and clients. Expressing his concern for the safety of his employees and clients,Mr. Quincy asked for more help. Interim Police Chief Kevin Milosevich reported that police responded to the assault on April 8th in approximately 80 seconds. The parties involved were identified;however,Mr. Quincy chose not to press charges. The client who was also assaulted was unable to identify the perpetrator. Interim Chief Milosevich stated that a tremendous amount of staff time has been spent on the subject of transit center safety. He encouraged people who witness unruly behavior to call 911, and to also be willing to prosecute in cases such as this. In response to Councilman Law's inquiry,Interim Chief Milosevich reviewed when and how officers patrol the area. He acknowledged the Mayor's efforts in working with King County Metro on this issue,and noted the importance of drawing people to the downtown area. Mr. Law suggested that the police coordinate with the event center, and he asked about the enforcement of inappropriate behavior. City Attorney Warren stated that enforcement can be difficult as there is a fine line between free speech rights and violating the law. He noted that a number of statutes,such as loitering, have been found to be unconstitutional. Mr. Warren indicated that he will continue to work with the Police Department to see if there are additional ways to expand the City's authority. Councilman Law stated than an environment needs to be created whereby unruly activities are not welcome,and he suggested the possibility of allocating overtime for a stronger police presence. Councilman Clawson indicated that when a large group of people is involved, the promoters of events often hire police or security guards. He commented that Spirit of Washington is leasing the building from the City at a reasonable rate. Noting that more police officers are needed all over the City,Mr. Clawson suggested that perhaps Spirit of Washington can also contribute by hiring security for the events. REPORT NUMBER 2 8 January 2006 Municipal Research and Services Center • V 74, 0 a U c1S >, (75 0 N 0 • • Exercise of Powers of Initiative and Referendum How is the Power of Initiative Exercised in a Noncharter Code City? As indicated,the power of initiative is only available in those code cities that have formally adopted that power. If a code city adopts this power, it is exercised primarily in the same manner as established for the commission form of government in RCW 35.17.240 - 35.17.360. When the Optional Municipal Code was adopted in 1969,rather than set out a new and different procedure for the initiative and referendum powers,the drafters merely provided that code cities use the same basic procedure that already existed for commission cities. The one exception is in the number of signatures required for a successful petition for code cities, as specified by RCW 35A.11.100. Not all types of propositions may be adopted by means of the initiative process. Only ordinances may be adopted by initiative. It is not possible to adopt resolutions by initiative. Other restrictions on the types of ordinances that may be adopted by initiative have been imposed by the legislature and the courts and are reviewed on pages 5-10 of this publication. Assuming that a code city has formally adopted the power of initiative and that the subject is an appropriate one for an initiative,the initiative process is basically as follows: 1. The proponent of the initiative must obtain signatures on the petition equal in number to 15 percent of the total number of registered voters within the city as of the date of the last preceding city general election. RCW 35A.11.100. 2. Everyone-who signs the initiative petition must add to their signature his or her place of residence,giving the street and the number. Petitions must also be printed in the form required by RCW 35A.01.040. These requirements are outlined in detail in Appendix K. 3. The signed petition must be filed with the officer designated to receive the petition(usually the city clerk),who then has three working days to transmit it to the county auditor who will review and determine the validity and adequacy of the signatures on the petition. After review, the county auditor must attach a certificate to the petition indicating whether or not it has been signed by a sufficient number of registered voters. This written certificate is then transmitted to the city officer with whom the petition was originally filed. 4. If the number of signatures is found to be insufficient, the petitioners have ten additional days to amend the petition. The amended petition is then resubmitted to the receiving officer who retransmits the petition to the county auditor. If the county auditor finds the number of signatures insufficient a second time, then the petition is returned to the person filing it. Any Initiative and Referendum Guide 13 . taxpayer then has the uSption of filing an action in superior cou~to determine if the petition is sufficient. a kg 5. If the county auditor determines that the number of signatures is sufficient,then the city council t1 has two options. The first is for the city council to pass the proposed ordinance without alteration within 20 days after the county auditor's certificate of sufficiency has been received by the council. The second is to submit the measure to a vote of the people. is 6. The ballot title of any initiative is to be composed of three elements: (a) an identification of the ii enacting legislative body and a statement of the subject matter; (b) a concise description of the measure; (c)a question asking the voters whether the enactment should be approved or rejected by the voters. The concise statement must be prepared by the city attorney and may not exceed75 '' words. RCW 29A.36.071. • 7. Once the ballot title is filed,the county auditor will notify the proponents of the initiative of the exact language of the ballot title.If the persons filing the initiative are dissatisfied with the ballot title formulated by the city attorney,they may file an appeal within ten days in the superior court • of the county where the issue is to appear on the ballot. They must indicate their objections and I ask for amendment. The court will hold a hearing and render a decision certifying the correct ballot title. The decision of the superior court is final. RCW 29A.36.090. iR 8. The election will be held by special election not less that 45 days after the certificate of ti sufficiency is received by the council. The special election dates are listed in RCW 29A.04.330. 'I (See Appendix L.) If a general election is scheduled within 90 days,the election on the initiative 's I will take place on that date instead of on the next special election date(assuming that the general a: election date is at least 45 days after sufficiency of the petitions is certified). M1. &c: '" 9. The city clerk must cause the ordinance that will be submitted to the voters at an election to be published at least once in each of the daily newspapers in the city between five and twenty days i before the election. If there are no daily newspapers, then publication must be in each of the yi 't weekly newspapers. Iii 10. If a majority of the number of votes cast favor the proposed measure, it is adopted and will 9'. Y'" become effective upon certification of the election results. !' An ordinance that has been adopted by means of the initiative process after an election of the people xii may only be repealed or amended by a vote of the people. This means that the city council may not merely amend or repeal such an ordinance as is usually the case. However, the city council may initiate the amendment or repeal of the ordinance and then submit the proposition to a vote of the people. How is the Power of Referendum Exercised in a Noncharter Code City? The objective of the referendum process is to submit an ordinance that has been formally adopted bythe citycouncil to a vote of the people. Theprocess is mainlythe same as set out in i, P P RCW 35.17.240 - 35.17.360 for the exercise of the referendum power in commission cities. 14 Initiative and Referendum Guide September 11,2006 Renton City Council Minutes Page 300 MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Finance Committee Vice Chair Law presented a report recommending approval Finance Committee of Claim Vouchers 251424-252225 and five wire transfers totaling Finance: Vouchers $7,864,309.52; and approval of Payroll Vouchers 65188 - 65842,two wire transfers, and 1301 direct deposits totaling$4,312,179.06. MOVED BY LAW, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution#3829 A resolution was read calling for the annexation,by election,of approximately Annexation: Preserve Our 1,475 acres of contiguous unincorporated territory within Renton's East Renton Plateau, SE 128th St Plateau Potential Annexation Area; stating the number of registered voters residing therein as nearly as may be; calling for an election to submit the proposal for annexation to voters of the territory; and authorizing the City Clerk to file with the King County auditor a certified copy of this resolution setting forth the City's preferred date(2/6/2007) for a special election. MOVED BY BRIERE, SECONDED BY LAW,COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3830 A resolution was read requesting that King County Division of Records and Public Safety: Citizen Elections call special municipal election, to coincide with the general election Initiative,Fireworks Ordinance to be held on 11/7/2006,and place Proposition No. 1 (initiative measure concerning fireworks)before the qualified electors of the City of Renton on the 11/7/2006 ballot. MOVED BY LAW, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3831 A resolution was read approving the Aspenwoods Final Plat; approximately 8.2 Plat: Aspenwoods, Hoquiam acres located in the vicinity of Hoquiam Ave. NE, south of NE 10th St. Ave NE,FP-06-025 MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3832 A resolution was read authorizing the donation of surplus computer-related Finance: Donating Surplus equipment and printers. MOVED BY CLAWSON, SECONDED BY Computer-Related Equipment NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3833 A resolution was read authorizing the Mayor and City Clerk to enter into an Finance: Public Safety interlocal agreement among the cities of Algona,Auburn,Fife,Kent,Pacific, Technology Infrastructure Puyallup, Renton, Sumner,and Tukwila(Valley cities),authorizing retaining Interlocal Agreement CBG Communications Inc. as the consultant and agrees that the City of Auburn will serve as the agent for the Valley cities in project support of the Department • of Justice Cops More Grant for technology. MOVED BY LAW, SECONDED BY NELSON,COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 9/18/2006 for second and final reading: EDNSP: Revenue Reflection An ordinance was read amending the 2006 Budget by reflecting revenue in the for Blumen Consulting amount of$4,610 from The Boeing Company and$33,080 from Harvest Contracts,Budget Amend Transwestern Lakeshore to cover expenses amounting to $37,690 for contracts with Blumen Consulting Group for Boeing Plant sub-district 1A and 1B consistency analysis work and subsequent appeal. MOVED BY December 1 I,2006 ^,d Renton City Council Minutes ' Page 443 • AUDIENCE COMMENT Charles Grass,3919 NE 19th St., Renton, 98056,requested a City-initiated Citizen Comment: Grass- zoning designation change of five properties located in the vicinity of 138th 2007 Comprehensive Plan Ave. SE (Duvall Ave. NE)and SE 107th Pl. in the proposed Marshall Amendment, Marshall Annexation area from R-4 to Commercial Neighborhood. He explained why Annexation Properties the properties are included in the request,pointing out that he wants to redevelop his parcel from a residential structure to a professional office building. Mr. Grass pointed out that two of the properties are located across from the Shannon's Village retail and professional office complex. He stated that residential properties tend to fall into disrepair in this area as a result of people not wishing to live on the busy arterial of Duvall Ave.NE,which is in the process of being widened. Planning Manager Rebecca Lind explained that the filing deadline for the 2007 Comprehensive Plan amendments is December 15, and Mr. Grass is requesting that the City initiate the request so he does not have to pay the filing fee. Councilwoman Briere stated that due to some of the properties'proximity to Shannon's Village, it seems reasonable that a commercial designation be carried on both sides of the street. She expressed her support for a City-initiated request,saying that commercial zoning is a logical change. MOVED BY BRIERE, SECONDED BY PERSSON,COUNCIL CALL THIS A CITY-INITIATED REZONE AND WAIVE THE FEE. CARRIED. Citizen Comment: Hunt- Bob Hunt, 15625 156th Pl. SE, Renton, 98058,presented Council with a copy Renton From Coal to Jets of the revised publication Renton -From Coal to Jets, which was originally Revised Publication published in 1976. He noted that the Renton Historical Society funded the reprint of the book. Mr. Hunt stated that the publication is available for sale at the Renton History Museum,has been distributed to libraries, and has been registered with the Library of Congress. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Council President Corman, item 6.f. was removed for separate consideration. Council Meeting Minutes of Approval of Council meeting minutes of December 4, 2006. Council concur. 12/4/2006 City Clerk: 2006 Special City Clerk submitted 11/7/2006 Special Election certification from King County Election Certification Records and Elections for Proposition 1, Initiative Measure Concerning (Proposition 1,Measure Fireworks. The result of the special election is as follows: 5,515 "yes" votes Concerning Fireworks) and 9,219 "no" votes. Initiative to repeal the fireworks ban and expand on sales and use FAILED. Information. Plat: Cottages at Honey Creek, Development Services Division recommended approval, with conditions,of the NE Sunset Blvd, FP-06-041 Cottages at Honey Creek Final Plat; 27 single-family lots on 4.1 acres located at 4821 NE Sunset Blvd. Council concur. (See page 449 for resolution.) Plat: Savannah at the Park, Development Services Division recommended approval, with conditions,of the Union Ave NE, FP-06-127 Savannah at the Park Final Plat; ten single-family lots on 1.73 acres located at 909 Union Ave.NE. Council concur. (See page 449 for resolution.) EDNSP: 2007 Lodging Tax Economic Development,Neighborhoods and Strategic Planning Department Collections Allocation, recommended allocation of the 2007 lodging tax revenues as recommended by Lodging Tax Advisory the Lodging Tax Advisory Committee. Refer to Finance Committee. Committee %%me rair CITY OF RENTON COUNCIL AGENDA BILL AI#: 60 Submitting Data: For Agenda of: December 11, 2006 Dept/Div/Board.. AJLS/City Clerk Staff Contact Bonnie Walton, City Clerk (x6502) Agenda Status Consent X Subject: Public Hearing.. Certification of 11/7/2006 Special Election Results by Correspondence.. King County regarding Proposition 1, Initiative Measure Ordinance concerning fireworks Resolution Old Business Exhibits: New Business Certification of Election Results Study Sessions Information X Recommended Action: Approvals: Legal Dept Information Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. On December 6, 2006, certification was received by the City Clerk of the November 7, 2006, Special Election results regarding Proposition No. 1, Initiative Measure Concerning Fireworks. The issue submitted to voters for approval or rejection, as initiated by citizen petition, was to repeal the City's fireworks ban adopted in 2004 and expand on allowance for fireworks sales and use. The results of the election are: YES (repeal the fireworks ban and expand on sales and use) 5,515 37.43% NO (do not repeal the fireworks ban and expand on sales and use) 9,219 62.57% INITIATIVE FAILED The fireworks ban remains in effect. • g(417.0) mai Records, Elections and CITY OF RENTON Licensing Services Division Department of Executive Services DECn King County Administration Building E 0 6 2006 500 Fourth Avenue, Room 553 RECEIVED Seattle, WA 98104-2337 CITY CLERIC'S OFFICE 206-296-1540 Fax 206-296-0108 TTY Relay: 711 STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) This is to certify that on November 7, 2006, there was held a Special Election in conjunction with the General Election, in the City of Renton, King County, Washington, for the submission of a ballot measure to the voters for their approval or rejection; That the results of the election were duly canvassed by the King County Canvassing Board of Election Returns on November 28, 2006, and the results of said canvass are as follows: CITY OF RENTON PROPOSITION NO. 1 INITIATIVE MEASURE CONCERNING FIREWORKS YES 5,515 37.43% NO 9,219 62.57% FAILED VALIDATION REQUIREMENTS Proposition No. 1 required a simple majority to pass. With a rejection rate of 62.57% the measure failed. Dated at Seattle, King County, Washington, this 28th day of November 2006. James J. Buc , Interim Director '*.41202M *44 we Nri /_ 1:---tee s Pei 14..fO?ft. re(e. STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Jody L.Barton,being first duly sworn on oath that she is the Legal Advertising Representative of the King County Journal a daily newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a daily newspaper in King County, Washington. The King County Journal has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the King County Journal (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice,a Public Notice was published on October 20,2006. The full amount of the fee charged for said foregoing publication is the sum of $2,625.00. 4144lie f40, Jo: Ø'on Lega Advertising Representative,King County Jqugal Subscribed and sworn to me this 20th day a OWb`k e�'r'; t ,�� C0 //!-f�l� o;nmiss ••�� B D Cantelon : arc Notary Public for the State of Wasljrgtofr,Residinr m'erd;Washington PO Number: '0 1 ;*., of this ordinance, and including fused which shall he in cornnliance with the The fire chief �AdI rreake its€ °antras- 'i+ n the tenth day of January of the Failed to obtain or as had suspended or revoked any 3CITY OF RENTON PUBLIC NOTICE setpieces containing components p g p requirements;; of:Cl2aptet•r7fl rITFiC"�`'` t%.�ati�n and ,pr�eirsar� 'a p+ri'tr�' �iis st�sequent .year or from permanent .license required by the state of PROPOSITION NO.1 which exceed 50 milligrams of salute U. "Teuaporary storage" means'the ftndi�s and earrclusions j�' it 'buildings. Washington to engage in any act INITIATIVE MEASURE powder. storage o. c g f . onsurner fireworks during a ains-t the issuance of the permit, g Section 13. Standards for Etre- prohibited Chapter RCW or CONCERNING FIREWORKS C. "Consumer fireworks" means the periods allowed under Chapter together with his reasons therefore. In works locations. ce to be donnee without a this ordinance November 7, 2006 Ballot any small firework device designed to 70.77 RCW. case of an application for a permit for A. The temporary fireworks . license; or NOTICE IS HEREBY GIVEN to Produce visible effects by combustion V. Retail fireworks stand means a public display of fireworks, the fire stands or permanent buildings of all 4. Has had any insurance City of Renton residents by the Ren- and which must comply with the con- P y a tent or other temporary structure chief shall, in addition to any , other those persons engaging in the retail coverage required by this ordinance ton City Clerk that one initiative struction, chemical composition, and made of wood, metal or other mate- investigation, make an investigation sale of consumer fireworks shall com- cancelled, revoked lapsed. measure has qualified for the Novem- labelin regulations o the United g g f Tial, which meets the requirements of as to whether such display as pro- ply with all provisions of Part.V of B. Effective Date of Revocation. ber 7, 2006 General/Special Election. States Consumer Product Safety WAC 212-17 and which is used for the posed will be of such a character and WAC 212-17. When the fire chief determines, that Voters will have the opportunity to Commission, as set forth in 16 C.F.R f retail sale of consumer fireworks. will be so located that it may be haz- B. Temporary fireworks stand or there is cause for revoking or suspend- decide whether or not the City of Parts 1500 and 1507 and including Section 2. Acts prohibited with- ardous to property or dangerous to permanent building shall be permit- ing any permit issued pursuant Renton should adopt an ordinance some small devices designed to pro- out permit any person, consistent with the ted where retail operations are per- 'l this ordinance, the fire chief shad that will amend City Code regarding duce audible effects, such as whistling ff g No person shall do any of the fol- requirements of RCW 70.77 mitted by the zoning code: Section 14. Fire nuisance where notify the person holding such permit. fireworks control. All official mate- devices, ground devices containing 50 milligrams or less o explosive mate- f ex P lowing acts in the City of Renton without having first obtained and Section 5. Fire chief may grant or deny permit - Conditions. fireworks kept prohibited The notice shall specify the grounds rials related to the initiative; includ- ing the original text as submitted by g rials, and aerial devices containing having in full' force and effect a valid The fire chief shall have the power to No person shall allow any combus- for the suspension or revocation of the Permit. The suspension or revocation the initiative's proponents, may be 130 milligrams or less o explosive g f P permit issued by the City of Renton to grant an application for permit or y PP f P tibles to accumulate in any premises shall become effective immediately obtained in the Office of the City materials and classified as fireworks do so. to deny any application for a permit if where any fireworks are sold or stored .upon receipt of the notice of the per- Clerk. The complete text of the pro- UN0336 by the United States Depart- A. Manufacture, import, possess the permit would not be in confor- or allow a fire nuisance to exist on minae unless the permittee gives writ- mittee ordinance follows: posedo o Transportation at 490 C.F.R f Trans p Section 172.101 as of the effective date or sell any fireworks, including agri- , cultural and wildlife fireworks, at mance with Chapter 70.77. Section 6. License required prior such premises. Section 15. Approved storage ten notice to the City Clerk or hissor AN ORDINANCE OF THE CITY OF RENTON, of this ordinance, and not including wholesale or retail for any use; pro- to issuance of permit. facilities wired f required. her designee within forty-eight hours of his or her intent of appeal the revo- WASHINGTON, REPEAL- used set feces containing components f P g P vided, however, no permit is required No permit shall be issued unless the Itis unlawful for any person to store cation or "suspension and then ING ORDINANCE NO. 5088= which together exceed 50 milligrams for the possession or use of consumer person applying therefore shall first orarily stocks of tempfireworks except becomes effective only they , AND AMENDING SECTION of salute powder. fireworks lawfully purchased at have obtained and have in full force in such places as approved by the fire n the City or suspension is affirmed by the City 4-5-070.C.69, OF CHAPTER D. "Agricultural and wildlife � f retail. and effect a valid license issued b the ff y chief. Unsold stocks of consumer fire- Council. 5, BUILDING AND "FIRE fireworks" includes fireworks devices B. Discharge display fireworks at chief of the Washington State Patrol, works remaining after the authorized C. Appeal. The decision of the fire REGULATIONS, OF TITLE distributed to farmers, ranchers, and any place; through the director of fire protection, retail sales period from 12:00 noon on chief with respect to the revocation or IV (DEVELOPMENT growers through a wildlife manage- C. Make a public display of fire- pursuant to Chapter 70.77 RCW, to do the twenty-eighth day of June until suspension of any permit issued REGULATIONS) OF ment program administered b the P g y works; or the articular act or acts or which P f 9:00 p.m. on the fifth day of July shall under this ordinance shall be final ORDINANCE NO. 4260 ' United States Department of the Inte- D. Transport fireworks, `except as the permit is sought. be stored in a location approved by unless a timely written notice of ENTITLED "CODE OF rior or an equivalent state or local licensee' or as a public carrier deliv- Section 7. Public display permit the fire chief or shall be returned on appeal is filed as specified in GENERAL ORDINANCES governmental agency. ening to a licensee or permittee and - Granted for exclusive purpose - or before the tenth day of July of the permitsubsectee tion B of this section. Any permittee OF THE CITY OF RENTON, E. "Articles pyrotechnic" means except the transport of consumer fire- Nontransferable year to a magazine or per- y g p whose permit is suspended or revoked WASHINGTON," BY pyrotechnic devices for professional works lawfully purchased at retail If a permit for the public display of manent storage place approved by the may appeal the decision of the fire ADDING A FIREWORKS use similar to consumer fireworks, in Section 3. Application. for per- fireworks is granted, the sale, posses- fire chief or to a place approved by the chief to the City Council. The City CONTROL SECTION chemical -composition and construc- mit. sion and use of fireworks for the pub- chief of Washington State Patrol, Council shall consider tappeal at a PERMITTING FIREWORKS tion but not intended for consumer A. Any person desiring to do any lic display is lawful for that purpose through the director of fire protection. meeting whichever regular or special n IN THE CITY OF RENTON, use which meet the weight limits for act set forth in Section 2 shall first only. No such permit granted shall be Unsold stocks of consumer fireworks is necessary. This council meeting AS PASSED BY INITIA- consumer fireworks but. which are not make written application for a permit transferable. g after er the authorized retail fi shall held no later than forty-eight TIVE, h d which l labeled as"sucanare cas- to the fire chief. The application for a Sti8. Supervision of public econ sale period from 12:00 noon on the hours a after the City Clerk or his or her THE PEOPLE OF THE CITY OF sified as UN0431 or UN0432 by the permit shall be signed by the appli- displays. Itwenty-seventh day of December until designee receives the written notice of RENTON, WASHINGTON, DO United State De artment o Trans or- P f P cant or the applicant's authorized re PP P- Eve public display o fireworks �' P p y f f the thirty-first day of December of the appeal. A permittee may at any time. ORDAIN AS FOLLOWS: tation at 49 C.F.R. Section 172.101 as resentative. If the application is made shall be handled or supervised by a same year shall be stored in a location appeal a revocation or suspension to SECTION 1. Renton Ordinance of the effective date of this ordinance. by a partnership, it shall be signed by pyrotechnic operator licensed by the approved by the fire chief or shall be King County Superior Court. Number 5088 and every section of the F "Flame effects" means the ff each partner of the partnership or by State Fire Marshal pursuant to Chap- returned on or before the tenth day of Section23. Reckless discharge or Renton Municipal Code enacted detonation, deflagration, or ignition of the partnership's authorized represen- ter 70.77 RCW. January of the subsequent year to the use prohibited thereby are completely repealed., flammable gases, liquids, or special tative. If the application is made by a Section 9. Permit authorizes approved permanent storage facilities It is unlawful for any person to dis- . SECTION 2. Section 4-5-070.C.69, materials to produce a thermal, physi- P corporation, it shall be signed by an activities of sellers, represen- of a licensed fireworks wholesaler, to a charge or to fireworks in a reck- of Chapter 5, Building and Fire Regu- cal, visual, or audible effect before the officer of the corporation and bear the tatives and employees. magazine or permanent storage place ,use less manner, which creates a stan- lations, of Title IV (Development public, invitees, or licensees, regard- P g seal of the corporation or by the cor- he authorization to engage in the �'tial approved by the fire chief or to a place risk of death. or serious physical ph Regulations) of Ordinance No. 4260 less of whether or not an admission poration s authorized representative. particular act or acts as conferred by approved by the chief of the Washing- injury another person or damage to entitled "Code of General Ordinances fee is charged. f g The application shall be in such form a permit to a person shall extend to ton State Patrol, through the director erty of another. the property ofthe City of Renton, Washington" is G "Special effects" means any as the fire chief shall require and sellers, authorized representatives, of fire protection. Upon receiving a Section 24. Discharge of fire- hereby amended to read as follows: combination of chemical elements or shall include, at a minimum, the fol- and employees of such person. written application for temporary works by person under 16 years of FIREWORKS chemical compounds capable of burn- lowing information. Section 10. Dates and .times storage, the fire chief shall investigate age Sections: in independently o the oxygen in the g P y f yg 1. The true name, address consumer reworks may be sold � y whether the character and location of It is unlawful for any person under 1. Definitions. atmosphere, and designed and and telephone number of the appli- or discharged the temporary storage as proposed the age of 16 to discharge fireworks 2. Acts prohibited without a intended to produce an audible, vis- cant and for any retail operation the A. Consumer fireworks may be meets the requirements o the zoning q f g except under the direct supervision of permit. ual, mechanical, or thermal effect as person in charge and responsible; sold, offered for sale, or exposed for and building codes and WAC 212-17. a'competent adult. 3. Application for permit. an integral part of a motion picture, R. A statement by the sale within the city from 12:00 noon Based upon investigation, the fire Section 25. Enforcement. 4. Investigation for permit. radio, television, theatrical, or opera P applicant that he or she is over the until 11:00 m. on the twenty-eighth p' chief may grant or deny any appli- The police chief, or his or her des- 5. Fire chief may grant or deny Production, or live entertainment. age of 18 years; day of June, from 9:00 a.m. until cation for temporary storage. ignee, is authorized enforce pro- permit -.Conditions. H. "Public display o fireworks" P y f f 3. A valid and current license 11:00 m. on each da from the p' y f Section 16. Unlawful possession. c visions of this ordinance and Chapter 6. License required prior to means an entertainment feature issued by the chief of the Washington twenty-ninth day of June until the The possession. of any class or kind 70.77 RCW that pertain to the posses- issuance of permit. where the public is or could be admit- State Patrol, through the director of fourth day of July, and from 9:00 a.m. of fireworks in violation of the pro- sion and use of fireworks in the City 7. Public display permit- ted or permitted to view the display or fire protection, pursuant to Chapter until 9:00 p.m., on the fifth day of visions of this ordinance or Chapter of Renton. The fire chief, or his or her Granted for exclusive discharge of articles pyrotechnic, spe- 70.77 RCW authorizing the appli- July and from 12:00 noon to 11:00 70.77RCW is prohibited. designee, is authorized to enforce pro- purpose -Nontransferable. tial effects or display fireworks. ff p y f cant thereto to engage in the p.m. on each da from the twent sev- y f y- 17 Section . Sale of fireworks to visions of .this ordinance relating to F. 8. Supervision of public I. ' "Fire nuisance" means any requested activity; enth day of December until the thirty- persons under 16 years of age pro- the permitting of public display of plays: thin or an act which increases, or g y 4. The proposed location at P P first day of December. hibited ` fireworks and the retail sale of con- 9. Permit authorize activities may cause an increase of, the hazard which the applicant intends to per- B. A person may ignite or dis- It is unlawful to sell fireworks to any sumer. He or she may revoke of sellers, representatives or menace o ire to a greater degree f f g g form the act or which the permit is f f P charge consumer ireworks within the g f person under the age of 16 years. Sell- or suspend any permit issued. pur- pendfirewan and employees. than customarily recognized as nor- sought, and, for retail sales, a dia- city at any time from 12:00 noon until ers shall require proof of age by suant to this ordinance upon any fail- 10. Datesand times consumer mal by Person in the public service of gram showing the proposed site plan 11:00 p.m. on the twenty-eighth day of means of display of a driver's license use or refusal of the permittee to tom- ffireworks,may be sold or preventing, suppressing, or extin- of the retail consumer fireworks June, from 9:00 a.m. until 11:00 p.m. or a photo identification card issued ply any provisions of this ordinance or discharged. guishing fire; or which may obstruct, stand location which includes dis- on each day from the twenty-ninth by any state, a United States military Chapter 70.77 RCW. 11. Sales of consumer fireworks.. dela or the hindrance, to the reven- y P tances from property lines, distances day of June, 2006 until the third day identification card, a valid passport Section 26. Penalties for vio- 12. Sales locations. tion of or extinguishment of fire. from structures, distances from other of July, 2006, from 12:00 noon until issued by the United States or any lation. 13. Standards for fireworks J. "License" means a nontrans- fireworks stands and vehicular 12:00 midnight on the fourth day of government recognized by the United Any person violating any. of the locations. ferable formal authorization which traffic routes. July, 2006, from 12:00 noon until States, or any other valid identifi Provisions of this ordinance shall- 14. Fire nuisance where fire- the chief of the Washington State B. All applications or permits PP f P 11:00 fifth y f y p.m• on the i h da o July, cation with photo issued by any upon a finding by a court of �om- works kept prohibited. Patrol, through the director of fire pursuant to this chapter shall be 2006, and from 6:00 p.m. on the agency or department of the United patent jurisdiction that such violation 15. Approved storage facilities protection, is authorized to issue accompanied by a nonrefundable per- thirty-first day of December, "2006, States federal government. No other was committed, be subject to impo- required. under Chapter 70.77 RCW, to engage mit fee of $100.00. This fee shall cover until 1:00 a.m. on the first day of forms of identification shall be sition of a fine and/or imprisonment 16. Unlawful possession. in the act specifically desi nated g all needed permits, licenses and January, 2007, and at an time in y accepted. as follows: 17." Sale of fireworks to persons therein. authorizations from application to 2007 and every year thereafter from Section 18. Sales or transfers of A misdemeanor for unlawful under 16 years of age K "Licensee" means an person y P and through processing, issuance and 12:00 noon until 11:00 p.m. on the display fireworks. possession of fireworks weighing less prohibited. issued a fireworks license in confor- inspections and all other costs, if any, third day of July, from 12:00 noon No person shall sell or transfer any than one pound, exclusive of external 18. Sales or transfers of display mance with Chapter 70.77 RCW. P of an kind, including business y g until 12:00 midnight ori the g fourth display y person who is play fireworks to an packaging. fireworks. L. "Permit" means the official license fees. The applicant shall post a day of July, from 12:00 noon until not a fireworks permittee as provided B. A -gross misdemeanor for 19. Manufacture or sale o f f authorization granted by the city for $500.00 cash bond , conditioned upon 11:00 p.m. on the fifth day of July, in this chapter. unlawful possession. of fireworks fireworks or out-of-state f f the purpose of doing any act which is the prompt removal of the temporary and from 6:00 p.m. on the thirty- first Section 19. Manufacture or sale weighing one pound or more, exclusive shipment. s regulated b Chapter 70.77 RCW. g y P strand 'and the clearing up of all day of December until 1:00 a.m. on of fireworks for out-of-state ship- of external packaging. 20. Special effects for enter- M. "Permittee" means any person debris from the site by the tenth of the first day of January of the sub- ment. C. A gross misdemeanor for vio- tainment media. issued a fireworks permit in confor- July of each year for sales comment- Sequent year. This ordinance does not prohibit any • lation of the prohibition upon use or 21. Nonprohibited acts Signal mance with Chapter 70.77 RCW. ing on the twenty-eighth day of June, C. No person without a permit manufacturer, wholesaler, dealer, or discharge of fireworks in a reckless purposes, forest protection. N. "Person" includes an individ- y or the tenth day of January of the sub- shall discharge any consumer fire- jobber having a license issued by the manner. 22. Revocation or suspension of ual, firm, partnership,. joint venture, Sequent year or sales commencing on Q y f g upon any city or publicly owned works u chief of the Washington State Patrgl, D. A gross misdemeanor for vio- permit. association, concern, corporation, the twenty-seventh da o December. y- y f parks or school grounds. through the director of fire protection, lation of the restrictions upon the sale 23. Reckless discharge or use estate, trust, business trust, receiver, Failure to do so shall cause the bond D. The limitations set out in sub- and a permit secured under the pro- f f, f o fireworks set forth in this ordi- prohibited.. syndicate, or an other row or com- y y group to be forfeited to the Cit o Renton. f f y f sections A and B o this section shall f visions o this ordinance from manu- f ff nance. 24. Discharge of fireworks by bination acting as a unit. All applications for permits for a pub- not apply in the following cases: I facturing or selling any kind of fire- E. A misdemeanor for any other person under 16 ears o P y f O. "Manufacturer" includes an f y lic display shall be accompanied by a 1. Public displays as works for direct shipment out of this violation of the provisions of this ordi- age. person who manufactures, makes, con- certificate of insurance coverage evi- authorized by a state license pur- state. nance. 25. Enforcement. structs, fabricates, or produces an f P y dentin the carrying o a com rehen- g y g f p suant to RCW 70.77.260(2) and a Section 20. Special effects or p � f Section. 27. Violation a separate, 26. Penalties for violation. firework article or device but does not sive general liability insurance policy city permit pursuant to this ordi- entertainment media. continuing offense. 27. Violation a separate, include persons who assemble or fab- with a minimum coverage of $500,000 nance; This ordinance does not prohibit the P A person commits a separate offense continuing offense: ricate sets or mechanical pieces in P and $2,000,000 for bodily injury 2. Use for religious or specific assembling, compounding, use and for each day during which he or 28. Construction public displays of fireworks or persons liability for each person and event, purposes pursuant to RCW display of articles pyrotechnic, flame .she commits, continues, or permits a vio 29. Severability, who assemble consumer fireworks respectively, and not less than 70.77.311; and - effects, special effects or display fire- lation. Section 1. Definitions. items or sets of packages containing $500,000 for property damage liabil- 3. Agricultural and wildlife works of whatever nature by any per- Section 28. Construction. Unless the. context in which they are consumer fireworks items. f ity for each event. Such en ral liabil g g fireworks as authorized by RCW son engaged in the productions, the- This ordinance shall be construed used otherwise requires, the following P "Wholesaler" includes' any ity policy shall name the city as an 70.77.311. atricals or operas when such assem- consistent with the provisions of definitions shall govern the construc- person who sells fireworks to a additional named insured, must be in E. Except as herein provided, it is bling, compounding, use and display Chapter 70.77 RCW. of the terms in this chapter: retailer or any other person for resale, full force and effect for the duration of unlawful for any person to possess, is a necessary part of the production Section 29. Severability. .tion A. "Fireworks" means any com- and any person who sells articles the permit, and shall include a pro- store, offer for sale, sell at retail, use, and such person possesses a valid per- If any provision of this ordinance or position or device designed to produce pyrotechnic; special effects or display vision prohibiting cancellation of the explode, fire, ignite, or discharge any mit issued by the city. its application to any person or eir- a visible or audible effect by combus- fireworks to public display permittees. policy without 30 days' written notice fireworks in the city. Section 21. Non prohibited acts - cumstance is held invalid, the tion, deflagration or detonation, and Q• "Retailer" includes any person to the City of Renton. Section 11. Sales of consumer Signal purposes, forest protection. remainder of the ordinance or the which meets the definition of agricul- who, at a fixed location or place of D. Applications for public display fireworks. This ordinance does not prohibit the application of the provision to other tural and wildlife fireworks, articles business, offers for sale, sells, or of fireworks shall be made in writing No person shall sell consumer fire- use of flares or fuses in connection persons or circumstances is not pyrotechnic, special effects, consumer exchanges for consideration consumer at least 10 days in advance of the pro- works to a consumer or user thereof with the operation of motor vehicles, affected. fireworks or display fireworks. fireworks to a consumer or user. . posed display. All applications shall than at a fixed place of business of a railroads, or other modes of transpor- SECTIONIII. This ordinance B. "Display fireworks" means R. "Pyrotechnic operator" includes be accompanied by a nonrefundable retailer for which a license and permit tation for signal purposes or illumina- shall be effective upon certification of large fireworks designed primarily to any individual who by experience and permit fee of $500.00. The applicant halve been issued. tion or for use in forest protection the election results by King County produce visible or audible effects by training has demonstrated the shall post a $500.00 cash bond, con- Section 12., Sales locations. activities. Elections. combustion deflagration, or deto- required skill and ability for safely ditioned upon the prompt removal of All sales of consumer fireworks shall Section 22. Revocation or sus- If a majority of the number of votes nation and includes, but is not limited setting up and discharging articles all debris from site within 24 hours of be from temporary stands, which pension of permit. cast favor the proposed measure, the to, salutes containing more than two Pyrotechnic, special effects or display such display. Failure, to do so shall shall not be erected prior to the A. Authority. The fire chief may at ordinance will become effective upon grains (130 milligrams) of explosive fireworks. "Fire cause the bond to be forfeited to the Renton. twenty-second day of June of any year any time suspend or revoke any per- issued under the of this certification of the election results. An ordinance adopted by means of the materials, aerial shells containing more than 40 grams of pyrotechnic S. chief" means the chief administrative officer of the fire City of E. Applications for retail sale of for retail consumer fireworks sales beginning on the twenty-eighth day of. mit provisions ordinance, if the permittee or any of initiative process after an election of compositions, and other display pieces department and l or his designee who consumer fireworks ' shall be made June and which shall be removed not the permittee's representatives, agents the people may only be repealed or amended by a vote of the which exceed the limits of explosive shall be the local fire official for pur- annually on or after the first day of later than the tenth day of July of the or employees with the permittee's people. Bonnie L Walton materials for classification as "con- Poses of Chapter 70.77 RCW. P January of the year for which the per- not same year or which shall be knowledge has: City Clerk sumer fireworks" and are classified as T "Permanent storage" means mit is issued and the filing period erected prior to the twenty-second day 1. Violated any Of the City of Renton fireworks UNO333, UN 0334, or storage of display fireworks at any shall close on the thirty-first day of of December of any year for retail con- provisions of this ordinance; or, 425-430-6510 UN0335 by the United States Depart- time andior storage of consumer fire- .May of such year. sumer fireworks sales .beginning on 2. Made any false statement Published in the King County Ment of Transportation at 4� C.F.R. works at an time other than the peri- y p , Section 4. Investigation, report the twenty-seventh day of December or misrepresentation of fact in con- Journal October 20, 2006. #861888 Section 172.101 as of the effective date ods allowed under this code ,and on permit application. and which shall be removed not later, nection with obtaining the permit; or lone Nor CITY OF RENTON PUBLIC NOTICE PROPOSITION NO. 1 INITIATIVE MEASURE CONCERNING FIREWORKS November 7, 2006 Ballot NOTICE IS HEREBY GIVEN to City of Renton residents by the Renton City Clerk that one initiative measure has qualified for the November 7, 2006 General/Special Election. Voters will have the opportunity to decide whether or not the City of Renton should adopt an ordinance that will amend City Code regarding fireworks control. All official materials related to the initiative, including the original text as submitted by the initiative's proponents, may be obtained in the Office of the City Clerk. The complete text of the proposed ordinance follows: AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEALING ORDINANCE NO. 5088, AND AMENDING SECTION 4-5- 070.C.69, OF CHAPTER 5, BUILDING AND FIRE REGULATIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY ADDING A FIREWORKS CONTROL SECTION PERMITTING FIREWORKS IN THE CITY OF RENTON, AS PASSED BY INITIATIVE. THE PEOPLE OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. SECTION 2. Section 4-5-070.C.69, of Chapter 5, Building and Fire Regulations, of Title IV(Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: FIREWORKS Sections: 1. Definitions. 2. Acts prohibited without a permit. 1 Legal Pei %w 'stair 3. Application for permit. 4. Investigation for permit. 5. Fire chief may grant or deny permit- Conditions. 6. License required prior to issuance of permit. 7. Public display permit- Granted for exclusive purpose -Nontransferable. 8. Supervision of public displays. 9. Permit authorize activities of sellers, representatives and employees. 10. Dates and times consumer fireworks may be sold or discharged. 11. Sales of consumer fireworks. 12. Sales locations. 13. Standards for fireworks locations. 14. Fire nuisance where fireworks kept prohibited. 15. Approved storage facilities required. 16. Unlawful possession. 17. Sale of fireworks to persons under 16 years of age prohibited. 18. Sales or transfers of display fireworks. 19. Manufacture or sale of fireworks for out-of-state shipment. 20. Special effects for entertainment media. 21. Nonprohibited acts -Signal purposes,forest protection. 22. Revocation or suspension of permit. 23. Reckless discharge or use prohibited. 24. Discharge of fireworks by person under 16 years of age. 25. Enforcement. 26. Penalties for violation. 27. Violation a separate, continuing offense. 28. Construction 29. Severability Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion deflagration, or detonation and includes, but is not limited to, salutes 2 'tire containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UNO333, UN 0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks"means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. 3 I low Now F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal,physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by person in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. 4 Nor ',Nor N. "Person" includes any individual,firm,partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. 0. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any firework article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief' means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed under Chapter 70.77 RCW. 5 I V. "Retail fireworks stand"means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so. A. Manufacture, import,possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use;provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail. B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information. 6 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection,pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and,for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of the temporary strand and the clearing up of all debris from the site by the tenth of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty- seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a public display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and$2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect *we oar+` for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days'written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefore. In case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77 Section 5. Fire chief may grant or deny permit- Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefore shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, 8 through the director of fire protection,pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit-Granted for exclusive purpose-Nontransferable If a permit for the public display offireworks is granted, the sale,possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display offireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June,from 9:00 a.m. until 11:00 p.m. on each day from the twenty-ninth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m., on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty- seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June,from 9:00 a.m. until11:00 p.m. on each day from the twenty-ninth day of June, 2006 until the third day of July, 2006,from 12:00 noon until 12:00 midnight on the fourth day of July, 2006,from 12:00 noon until 11:00 p.m. on the fifth 9 %we day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July,from 12:00 noon until 12:00 midnight on the fourth day of July,from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode,fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for 10 `,r `S retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on the twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on the twenty-seventh day of December until the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief 11 Noe Nisi or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212-17. Based upon investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77RCW is prohibited. Section 17. Sale offireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale offireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, 12 vkare New and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic,flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Non prohibited acts-Signal purposes,forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 13 Now New 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent of appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council. C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appeal. A permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner, which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age 14 It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement The police chief or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. 15 `r✓ ,✓ A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. SECTION III. This ordinance shall be effective upon certification of the election results by King County Elections. If a majority of the number of votes cast favor the proposed measure, the ordinance will become effective upon certification of the election results. An ordinance adopted by means of the initiative process after an election of the people may only be repealed or amended by a vote of the people. Bonnie I. Walton City Clerk City of Renton 425-430-6510 Published: King County Journal October 20, 2006 Account No. 50640 16 AN ORDER OF THE DIRECTOR RECORDS, ELECTIONS AND LICENSING SERVICES DIVISION KING COUNTY, WASHINGTON WHEREAS,the City Council of the City of Renton, King County, Washington, did present on September 18, 2006, Resolution No. 3830 dated September 11, 2006 wherein they direct that a Special Election be held, pursuant to RCW 29A.04.330 for submission to the qualified voters of said jurisdiction, a proposition for their consideration; and WHEREAS, said governing body states that an emergency exists and, accordingly,requests that the Special Election be held November 7, 2006 in conjunction with the General Election; and WHEREAS, the request is found to be in compliance with the pertinent statutes governing special elections; NOW, THEREFORE, BE IT ORDERED by the Director, King County Records, Elections and Licensing Services Division, as ex-officio supervisor of elections, having deemed that an emergency exists, that a Special Election shall be held in City of Renton on November 7, 2006, said election to be conducted at the prescribed polling places for the purpose of submitting to the qualified voters of said jurisdiction the following ballot measure: CITY OF RENTON PROPOSITION NO. 1 INITIATIVE MEASURE CONCERNING FIREWORKS This measure would revoke the City of Renton's ban on the sale and discharge of all fireworks within the city, except for publicly sponsored displays and would allow for the sale and discharge of consumer fireworks on certain days within certain hours, to commemorate Independence Day and the New Year, and would set regulations for the sale and discharge of fireworks and penalties for violations. Should this measure be enacted into law? YES NO The foregoing ballot title has been certified in accordance with RCW 29A.36.071. DATED at Seattle, Washington, this 2nd day of October 2006. CC: Larry G(Jarfen I rim Direct r, Records, Elections and In a r f y Wine- Licensing Services Division, King County ,Jay cloying/on � r� 0CITY OF MENTON SEP 2 5 2006 King County CITY CLERK'S OFFICE Records, Elections and Licensing Services Division Department of Executive Services King County Administration Building 500 Fourth Avenue, Room 553 Seattle,WA 98104-2337 206-296-1540 Fax 206-296-0108 TTY Relay: 711 September 22, 2006 City of Renton Attn: Bonnie I. Walton, City Clerk 1055 South Grady Way Renton, WA 98055 RE: Request for Special Election, Acknowledgement of Receipt Dear Ms. Walton, This letter serves to acknowledge receipt of Resolution No. 3830,requesting that a special election be held in the City of Renton in conjunction with the November 7, 2006 General election. The ballot measure will appear on the ballot as Proposition No. 1. A copy of the Order of Election will be sent to the jurisdiction immediately following the review of the official ballot title. If you have any questions concerning the deadlines for submission of additional materials or administration of your election,please call Sandy McConnell at(206)296-1565. Sincerely, Dat.4-4414 James J. Buck, Interim Director cc: Sandy McConnell, Acting Assistant Superintendent of Election Operations •j • ,202M C.) Nov� CITY,,0.)F RENTON c.♦ • City Clerk Kathy Keolker,Mayor Bonnie I.Walton - Nr-c0 September 15, 2006 Cheryle A. Broom James J. Buck, Interim Director King County Auditor KC Records, Elections & Licensing Services 516 Third Avenue, Room W-1033 553 King Co. Administration Building Seattle, WA 98104-3272 500 4th Avenue Seattle, WA 98104 Re: Ballot Title for November 7, 2006 Election Dear Ms. Broom and Mr. Buck: The City of Renton, a noncharter Code City having adopted the powers of Initiative and Referendum September 9, 1973 (Ordinance No. 2798), hereby submit a certified copy of City Council Resolution No. 3830, which provides for the submission of a ballot measure to the qualified electors of the City of Renton at a special municipal election to coincide with the general election scheduled for Tuesday, November 7, 2006. This City of Renton ballot measure is Initiative No. 1. In support of this matter, the following documents are enclosed: • Certified copy of the ballot title, in conformance with RCW 29A.36.071,prepared by City • Attorney Lawrence Warren; • Certified copy of one Initiative Petition, as filed with the City by the proponent; • Copy of King County Certificate of Sufficiency dated March 13, 2006; • Certified copy of Renton City Council meeting minutes of April 10, 2006, documenting approval of submission of the Initiative to a vote of the people; • Copy of RCW 29A.36.090 indicating the steps King County must now take; • A 3 1/2" disk(electronic file) of the Initiative Ordinance as typed by the City of Renton; • Names and addresses of the Initiative proponents. Please provide confirmation of receipt of this letter and enclosures, and confirmation that this issue will go forward for placement on the November 7, 2006 ballot. Thank you. Sincerely, SII-A4444J Bonnie I. Walton City Clerk Enclosures (7) cc: Mayor Kathy Keolker Richard M.Stephens,Attorney for Proponent Jay Covington,Chief Administrative Officer Jerry Farley,Initiative Submitting Party Marty Wine,Assistant CAO Sandy McConnell,Acting Assistant Superintendent of KC Election Operations Lawrence J.Warren,City Attorney 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 RENTON AHEAD OF THE CURVE 164 This paper contains 50%recycled material,30%post consumer CERTIFICATE I, ..;undersigned City Clerk of the City of Renton, Washington, certify thatAb is is a true and correct copy of CITY OF RENTON, WASHINGTON JCSsoldio,i 3330 . Subscribed and sealed this! '"'day of & 20 RESOLUTION NO. 3830 41-At_.c•.1 ti) ;�, City Clerk ��.,. iv, .,..,.. • 1 w '. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON6.i .1 REQUESTING THAT THE KING COUNTY DIVISION OF RECORDS)\ Cr AND ELECTIONS CALL A SPECIAL MUNICIPAL ELECTION, TO.. ;i••. • COINCIDE WITH THE GENERAL ELECTION TO BE HELD ON * NOVEMBER 7 , 2006, AND PLACE PROPOSITION NO. 1 BEFORE THE QUALIFIED ELECTORS OF THE CITY OF RENTON ON THE NOVEMBER 7, 2006, BALLOT. WHEREAS, proponents submitted to the office of the City Clerk an initiative petition to lift the fireworks ban within the City of Renton, and adopt an ordinance establishing the times and conditions under which fireworks could be sold and used; and WHEREAS, the office of the City Clerk forwarded the petition to the King County Division of Records and Elections for certification whether the petition bore a sufficient number of valid signatures to qualify for introduction to the City Council; and WHEREAS, on February 8, 2006, the King County Division of Records and Elections certified that the petition was insufficient; and WHEREAS, on February 23, 2006, proponents filed an amendment to the petition containing additional signatures; and WHEREAS, the office of the City Clerk forwarded this amended petition to the King County Division of Records and Elections for certification whether the petition bore a sufficient number of valid signatures to qualify for introduction to the City Council; and WHEREAS, on March 13, 2006, the King County Division of Records and Elections certified that the initiative petitions bore sufficient valid signatures to qualify for introduction to the City Council; and 1 1 1111, RESOLUTION NO. 3830 WHEREAS, the initiative was not adopted by the Renton City Council, and pursuant to law, must be submitted to the voters of the City of Renton; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASilij NGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION H. The City of Renton requests, in the form of this Resolution, that King County call a special municipal election to coincide with the November 7, 2006, general election, and place Proposition 1 before the qualified electors of the City of Renton in the November 7, 2006, ballot. SECTION M. The City Clerk is authorized and directed to take those actions necessary to place Proposition 1 before the voters on the November 7, 2006, election. SECTION IV. The City Attorney has prepared the following ballot title for Proposition 1. The City Clerk is authorized to transmit this ballot title to King County Division of Records and Elections: CITY OF RENTON INITIATIVE MEASURE CONCERNING FIREWORKS This measure would revoke the City of Renton's ban on the sale and discharge of all fireworks within the city, except for publicly sponsored displays and would allow for the sale and discharge of consumer fireworks on certain days within certain hours, to commemorate Independence Day and the New Year, and would set regulations for the sale and discharge of fireworks and penalties for violations. Should this measure be enacted into law? ❑ Yes ❑ No 2 RESOLUTION NO. 3830 SECTION V. The Mayor is authorized and directed to take those actions necessary to place the information regarding Proposition 1 in the November, 2006, voter's pamphlet. SECTION VI. Actions taken prior to adoption of this resolution that are consistent with it are hereby ratified and confirmed. PASSED BY THE CITY COUNCIL this 11th day of September , 2006. 1,c.c.d• Jath-7A-) Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 11 1-h day of sPpt ember , 2006. -K04 40441/4_ Kathy Keo ker, Mayor Appr ed as to form: Lawrence J. Warren, City Attorney ` } ` • r RES.1208:9/5/06:ma `�: _ , ., �.��may �• L * .. 3 w✓' CITY OF RENTON INITIATIVE MEASURE CONCERNING FIREWORKS This measure would revoke the City of Renton's ban on the sale and discharge of all fireworks within the city, except for publicly sponsored displays and would allow for the sale and discharge of consumer fireworks on certain days within certain hours, to commemorate Independence Day and the New Year, and would set regulations for the sale and discharge of fireworks and penalties for violations. Should this measure be enacted into law? ❑ Yes ❑ No CERTIFICATE I,the undersigned City Clerk of the City of Renton,Washington,certify that this is a true and correct copy of f}rcujorks T,lI/,,ille lila/1;k . Subscribed and sealed this/flay of epi ,20 xielt4t•t &JaQ.iay- City Clerk .. . SEAL ,ti` q.ttrp �E s ti(Y o� ,�,,, CITX __)F RENTON co ono • o Office of the City Attorney iaL vet Kathy Keolker,Mayor Lawrence J.Warren NrvO Senior Assistant City Attorneys Mark Barber Zanetta L.Fontes Assistant City Attorneys Ann S.Nielsen Carmon Newsom II Shawn E. Arthur MEMORANDUM 1 CITY OF RENTON To: Bonnie Walton,City Clerk JUL 0 5 2006 From: Lawrence J. Warren, City Attorney CITY CLEREPS 8FFICE Date: July 5, 2006 Subject: Fireworks Initiative Enclosed please find a copy of City of Renton Initiative Measure Concerning Fireworks. Lawrence J. arren LJW:tmj Enc. 3 i F Post Office Box 626-Renton, Washington 98057-(425)255.8678/FAX(425)255-5474 R N 1 O lV zrx AHEAD OF THE CURVE camp le CITY OF RF"[TONT I o-F' x{90 ..r NOV 0 1 2005 WARNING RECEIVED CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME,OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS °o OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL r Q {+ VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED _ TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT,SHALL BE GUILTY OF �4 e A MISDEMEANOR. ' v INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE -' a RENTON, WASHINGTON: CITY OF .= p..,11-:, o0ocn `t' �ff vv�J 1 We, the undersigned registered voters of the City of Renton, State of Washington,propose the a o $ enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control w T-3 o .:. e o Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance Q = a e. concerns the legal use of State of Washington defined consumer fireworks by residents of the City of U L) b Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions 7.• a� 4... authorizing residents of the City of Renton to purchase,possess and use safely and responsibly State of 1= go c 2 I Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth 4 c cd U of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- g 4-. •4 five(45)days from the time of receipt thereof by the City Council, then to be submitted to the qualified .. T 0 electors of the City of Renton for approval or rejection at the next regular or special election in " = •� accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for _ v himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address Date L a _/ �( r 4 -71 2. � r cL-ti\ E_-,:i Tt } )( 'in `110 1 DRk): a , " ; ICI ) -+-� g)..1.1, . 7 27,6L )rec.:'/ 7 2)/(7)(f. . , 1 6 lkeZ--- 1,./.). /Q-479 7 keicl 4.11i i i, i , : L i rili),101A(1 L r. Pvg /iil 3[141,400 7--j --,J a . . _ 6 7. Y kV YIi 1 C� /// CIt6 k •S� .7,/,..,„,,,,,z,�: R-1- 8. L_\ 4'•{2.(..IJ -G2 --2.- .1 e u/cc L Cy • -�Z't-���-�- ���/ L,i r S Vis--S�`i�I/AW. X-. i,' - I lo�:n5 � ,.�, v �,, 'ice 3 f / �,� l • Lel o) tl. ` 'a.r� 'xlL r .. 7. , lei _C'1 e'.0\- 1,n 12. 11 14. G 6 , ce.. r' , 4Li(AP, ;(1S / s CZ' ,-/ ci-tA c r 4 .. 19. 3 �� 20. i KS CE Section 1.Renton Ordinance Number 5088 and every se, the Renton MunicipalCONTROL RORDe enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codifies..,, part of the Renton Municipal Code: Sections: FIREWORKS 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. --------------4 Investigation, report on permit application. 5 -Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 -Supervision of public displays. 3 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 -Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes,forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate,continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires,the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks'means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks,articles pyrotechnic, special effects,consumer fireworks or display fireworks. R. "Display fireworks"means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration,or detonation and includes,but is not limited to,salutes containing more than two grains(130 milligrams)of explosive materials,aerial shells containing more than 40 grams of pyrotechnic compositions,and other display pieces which exceed the limits of explosive materials for classification as"consumer fireworks"and are classified as fireworks UN0333,UN0334,or UN0335 by the United States Department of Transportation at 49 C.F.R.Section 172.101 as of the effective date of this ordinance,and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks"means any small firework device designed to produce visible effects by combustion and which must comply with the construction,chemical composition, and labeling regulations of the United States Consumer Product Safety Commission,as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects,such as whistling devices, ground devices containing 50 milligrams or less of explosive materials,and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks"includes fireworks devices distributed to farmers, ranchers,and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E."Articles pyrotechnic"means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F."Flame effects"means the detonation,deflagration,or ignition of flammable gases,liquids,or special materials to produce a thermal, physical,visual,or audible effect before the public, invitees,or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects"means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere,and designed and intended to produce an audible,visual, mechanical,or thermal effect as an integral part of a motion picture,radio,television,theatrical, or opera production,or live entertainment. • H."Public display of fireworks"means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic,special effects or display fireworks. I."Fire nuisance"means any thing or any act which increases,or may cause an increase of,the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing,suppressing, extinguishing fire;or which may obstruct,delay,or hinder,or may become the cause of any obstruction,delay or the hindrance,to the prevention of or extinguishment of fire. PPressing,or J."License"means a nontransferable formal authorization which the chief of the Washington State Patrol,through the Idirector of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K."Licensee"means any person issued a fireworks license in conformance with Chapter 70.77 L."Permit"means the official authorization granted by the city for the purpose of doing any act which is k.. Chapter 70.77 RCW. M. "Permittee"means any person issu 3 firewor''s permit in conformance with CI .er 70.77 RCW. N. "Person"includes any individual,tint., partner�,joint venture,association,concern,corporation, te,trust, business trust, receiver, syndicate,or any other g,vup or combination acting as a unit. Q."Manufacturer"includes any person who manufactures,makes,constructs,fabricates,or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler"includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic,special effects or display fireworks to public display permittees. Q. "Retailer"includes any person who,at a fixed location or place of business,offers for sale,sells,or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator"includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic,special effects or display fireworks. S."Fire chief"means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T."Permanent storage"means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U."Temporary storage"means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand"means a tent or other temporary structure made of wood,metal or other material,which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks,at wholesale or retail for any use;provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks;or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3.Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include,at a minimum,the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol,through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought,and,for retail sales,a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures,distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond,conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June,or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and$2,000,000 for bodily injury liability for each person and event, respectively,and not less than$500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit,and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display.All applications shall be accompanied by a nonrefundable permit fee of$500.00.The applicant shall post a $500.00 cash bond,conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4.Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit,together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5.Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6.License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol,through the director of fire protection,pursuant to Chapter 70.77 RCW,to do the particular act or acts for which the permit is sought. Section 7.Public display permit—Granted for exclusive purpose—Nontransferable. If al permit for the public display of fireworks is granted, the sale, possession and use of firawnrkc fnr,the..,,ti,;,, Section 8.Supervision of public diE ys. Every public display of fireworks shall be har or supervised by a pyrotechnic operator licensed by he State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers,representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives,and employees of such person. Section 10.Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold,offered for sale,or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June,from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July,and from 9:00 a.m.until 9:00 p.m.on the fifth day of July and from 12:00 noon to 11:00 p.m.on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m.on the twenty-eighth day of June,2006,from 9:00 a.m.until 11:00 p.m. on each day from the twenty-nineth day of June, 2006,until the third day of July,2006,from 12:00 noon until 12:00 midnight on the fourth day of July,2006,from 12:00 noon until 11:00 p.m.on the fifth day of July,2006, and from 6:00 p.m. on the thirty-first day of December,2006, until 1:00 a.m. on the first day of January,2007,and at any time in 2007 and every on the third day of July,from 12:00 noon until 12:00 midnight on the fourth daythereafof July,from 12:00 n0untilnoont1111:00 p.p.m. m. on the fifth day of July, and from 6:00 p.m.on the thirty-first day of December until 1:00 a.m.on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2)and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311;and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess,store,offer for sale,sell at retail, use,explode,fire, ignite,or discharge any fireworks in the city. Section 11.Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12.Sales locations. All sales of consumer fireworks shall be from temporary stands,which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13.Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary'fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14.Fire nuisance where fireworks kept prohibited. No person shall'allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15.Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noonbonthe twenty-eighth day of June until 9:00 p.m.on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m.on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler,to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Upon receiving a written application for temporary storage,the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation,the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17.Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States,or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18.Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19.Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer,wholesaler,dealer, or jobber having a license issued by the chief of the Washington State Patrol,through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state, section 20.Special effects for entertainment media. rhis ordinance does not prohibit the assembling,compounding, use and display of articles ;pedal effects or display fireworks of whatever nature byanyengaged productions,Pntheatricals heat came r opet a 1 when such assembling, compounding,use and display s a eco sar en a ed ie p ond th such person or operas 1 valid permit issued by the city. Y part of the production and possesses - Section? 21. Nonprohibited acts— il purposes, forest protection. This ordinance does not prohibit the u�_ of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of The permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under thedirectsupervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. wr CITY F P:NToN MAR 2C 13 LA TY CLEttiCs OFFICE King County Records, Elections and Licensing Services Division CER 'IFI CA TE OF SUFFICIENCY THIS IS TO CERTIFY that the petition pages originally submitted in November 2005, together with the additional petition pages submitted in February 2006, to the King County Records, Elections and Licensing Services Division, supporting the Fireworks Control Ordinance have been examined and the signatures thereon carefully compared with the registration records of the King County Records, Elections and Licensing Services Division; and as a result of such examination, we find the petition to be sufficient under the provisions of the Revised Code of Washington 35A.01.040. Dated this 14th day of March 2006. i!fe/i/ Dean C. Logan, Director • %r,, CERTIFICATE I, tttirnndersigned City Clerk of the City of Renton, Washington,certify RENTON CITY COUNCIhat this is a true and correct copy of Regular Meeting ���,x;/m,nuc�.. 4004 Subscribed and sealed this d �oI' . . b2e006 April 10,2006 0 0 'NJ. rs— Monday,7:00 p.m. MINUTES City Clerk CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City-CounciJ 1,o and led the Pledge of Allegiance to the flag. 14 ROLL CALL OF RANDY CORMAN, Council President; DON PERSSON; MA3{' , COUNCILMEMBERS TERRI BRIERE; DENIS LAW;DAN CLAWSON. MOVED Br' A ` ptt0,• SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT 444444444 COUNCILWOMAN TONI NELSON. CARRIED. CITY STAFF IN KATHY KEOLKER, Mayor;LAWRENCE J. WARREN, City Attorney; ATTENDANCE BONNIE WALTON, City Clerk;GREGG ZIMMERMAN, Planning/Building/Public Works Administrator;LYS HORNSBY,Utility Systems Director; TERRY HIGASHIYAMA, Community Services Administrator; LESLIE BETLACH,Parks Director; ALEX PIETSCH, Economic Development Administrator; LINDA HERZOG, Interim Assistant to the CAO; INTERIM CHIEF LARRY RUDE, DEPUTY CHIEF CHUCK DUFFY and FIRE MARSHAL/BATTALION CHIEF STAN ENGLER; INTERIM CHIEF KEVIN MILOSEVICH and COMMANDER FLOYD ELDRIDGE,Police Department. ADMINISTRATIVE Linda Herzog, Interim Assistant to the CAO,reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2006 and beyond. Items noted included: * Everyone is invited to tune into KING 5 TV on April 20th at 7:00 p.m. as Evening Magazine reveals why Renton's Liberty Park Skate Park is Western Washington's official favorite according to Evening Magazine's "Best of Western Washington"contest. * The Henry Moses Aquatic Center opens to the public on June 17th. AUDIENCE COMMENT Robert Key, 1008 Anacortes Ave.NE,Renton, 98059, spoke on the topic of the Citizen Comment: Key- citizen fireworks initiative. He stated that he does not support fireworks in Citizen Initiative,Fireworks Renton,as the use of fireworks causes injuries,property loss,trauma to pets Ordinance and people, and expense to the City. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL SUSPEND THE RULES AND ADVANCE TO ITEM 5.c. ON THE CONSENT AGENDA. CARRIED. Consent Agenda Administrative,Judicial and Legal Services Department submitted King County Item 5.c. certified initiative petition with proposed ordinance filed by Jerry Farley. The Public Safety: Citizen proposed ordinance repeals Renton Ordinance 5088, and enacts provisions Initiative,Fireworks regarding the possession, sale,and discharge of fireworks in Renton. Approval Ordinance was sought to request that King County place the proposed fireworks ordinance on the 9/19/2006 election ballot. City Attorney Larry Warren stated that in regards to this matter, Council only has the following two options: 1)adopt the petition ordinance as is; or 2) submit the petition ordinance for the next possible election ballot, which is on 9/19/2006. April 10,2006 Renton City Council Minus Page 102 Councilmembers noted that the proposed ordinance: allows fireworks not only on July 4th, but around the New Year as well; expands the hours of fireworks discharge from 15 (prior to the fireworks ban in Renton)to 125 annually; makes it more difficult for law enforcement to prosecute the misuse of fireworks; and is not well written. MOVED BY CORMAN, SECONDED BY CLAWSON,COUNCIL CONCUR ri IN PLACING THE PROPOSED FIREWORKS ORDINANCE ON THE ELECTION BALLOT. CARRIED. Mayor Keolker stated for the record that neither she nor any Councilmember is happy about this. * .. Councilwoman Briere noted that the City cannot campaign against the proposed ordinance. Mayor Keolker added that Council can choose to take a position on the matter. Councilman Clawson pointed out that placing this issue on the election ballot will cost the City an estimated$85,000. Citizen Comment:Petersen- Inez Petersen,3306 Lake Washington Blvd. N.,#3,Renton,98056,questioned Highlands Sub-Area Plan the potential expenditure of$5 million for a trail, as discussed in Committee of the Whole, when there are streets that need paving. Additionally, she commented that she has not received the financial information that she requested regarding the Highlands Sub-Area Plan Options A and B. Ms. Petersen questioned the accuracy of the City's Highlands area crime statistics, and expressed her disappointment with the Environmental Review Committee's determination on April 4th regarding the area's zoning. She noted that citizens have until April 24th to appeal this decision. Citizen Comment: Dieffenbach Lawrence Dieffenbach, 18026 Midvale Ave. N., Shoreline, 98133,stated that -Persecution of Falun Gong he was speaking on behalf of Falun Gong practitioners in Washington State, Practitioners requesting that Council send a message to President Bush and Governor Gregoire asking that they speak with the People's Republic of China President Hu Jintao during his upcoming visit about Falun Gong persecution in China. Mr. Dieffenbach expressed concern regarding the violation of human rights, stressing that there must be accountability in China. Citizen Comment: Tsang- Tony Tsang,5301 164th Ave. SE, Bellevue, 98006, expressed concern about Persecution of Falun Gong the persecution of Falun Gong practitioners in China, which has also extended Practitioners overseas to countries where Falun Gong is active. He urged Council to write a letter to President Bush and Governor Gregoire requesting that they talk to Chinese leader Hu Jintao about Falun Gong persecution during his upcoming visit to Seattle. Citizen Comment: Madson- Lori Madson, 1301 SW 16th St.,Renton,98055,stated that many people Citizen Initiative,Fireworks worked hard to get fireworks banned in the City of Renton,and she expressed Ordinance disappointment with the proposed citizen petition ordinance that would repeal Renton's fireworks ban ordinance. Ms. Madson commented that the effort to repeal the ban is fueled by money, as the person spearheading this effort is a lobbyist for the fireworks industry. She noted that the estimated$85,000 necessary to place the proposed ordinance on the election ballot could have been spent hiring a professional fundraiser to work with groups that profit from the selling of fireworks to find alternative ways of raising money. Ms.Madson questioned who is going to lobby for those who support the fireworks ban,and asked what she can do to help. Mayor Keolker stated that the Administration and Council are also very frustrated over this matter. City Attorney Warren explained that Councilmembers and City staff are prohibited by State law from using any City s • April 10,2006 lop► Renton City Council Minute Page 103 facilities to campaign for or against any ballot initiative; however, the City can provide strictly factual information such as property damage statistics. He indicated that elected officials and City staff can campaign on their own time. Councilmembers made suggestions as to what type of organizations Ms. Madson can contact, and what she can do to help support the fireworks ban. It was also suggested that at a future meeting, Council invite speakers to speak for and against this initiative. Citizen Comment: Temple- Eric Temple,President of the Spirit of Washington,625 S.4th St.,Renton, Pavilion Building/Downtown 98055, spoke on the topic of public safety, saying that an assault occurred over Transit Center Safety the weekend at the Pavilion Building, which is used as an event center. He Concerns commented that public safety in the downtown area has been an ongoing issue, and he asked that the City take stronger action. Citizen Comment: Quincy- Don Quincy, Spirit of Washington Food and Beverage Director, 625 S. 4th St., Pavilion Building/Downtown Renton, 98055, reported that he and a client were assaulted on April 8th at the Transit Center Safety Pavilion Building by 15 kids walking through the parking lot. He asked for Concerns more police presence in the area, noting that he personally patrols the area to try to ensure that his clients and employees are safe. He described the unruly behavior, which occurs on a daily basis at the Renton Transit Center,as well as past incidents, including verbal abuse, fights, and thefts that have affected Pavilion Building events and clients. Expressing his concern for the safety of his employees and clients,Mr. Quincy asked for more help. Interim Police Chief Kevin Milosevich reported that police responded to the assault on April 8th in approximately 80 seconds. The parties involved were identified; however,Mr. Quincy chose not to press charges. The client who was also assaulted was unable to identify the perpetrator. Interim Chief Milosevich stated that a tremendous amount of staff time has been spent on the subject of transit center safety. He encouraged people who witness unruly behavior to call 911, and to also be willing to prosecute in cases such as this. In response to Councilman Law's inquiry, Interim Chief Milosevich reviewed when and how officers patrol the area. He acknowledged the Mayor's efforts in working with King County Metro on this issue, and noted the importance of drawing people to the downtown area. Mr. Law suggested that the police coordinate with the event center,and he asked about the enforcement of inappropriate behavior. City Attorney Warren stated that enforcement can be difficult as there is a fine line between free speech rights and violating the law. He noted that a number of statutes, such as loitering,have been found to be unconstitutional. Mr. Warren indicated that he will continue to work with the Police Department to see if there are additional ways to expand the City's authority. Councilman Law stated than an environment needs to be created whereby unruly activities are not welcome, and he suggested the possibility of allocating overtime for a stronger police presence. Councilman Clawson indicated that when a large group of people is involved, the promoters of events often hire police or security guards. He commented that Spirit of Washington is leasing the building from the City at a reasonable rate. Noting that more police officers are needed all over the City,Mr. Clawson suggested that perhaps Spirit of Washington can also contribute by hiring security for the events. Page 1 of 1 r.r `.r+r RCW 29A.36.090 Local measures -- Ballot title --Appeal. If any persons are dissatisfied with the ballot title for a local ballot measure that was formulated by the city attorney or prosecuting attorney preparing the same, they may at any time within ten days from the time of the filing of the ballot title, not including Saturdays, Sundays, and legal holidays, appeal to the superior court of the county where the question is to appear on the ballot, by petition setting forth the measure, the ballot title objected to, their objections to it, and praying for amendment of it. The time of the filing of the ballot title, as used in this section in determining the time for appeal, is the time the ballot title is first filed with the county auditor. A copy of the petition on appeal together with a notice that an appeal has been taken shall be served upon the county auditor and the official preparing the ballot title. Upon the filing of the petition on appeal, the court shall immediately, or at the time to which a hearing may be adjourned by consent of the appellants, examine the proposed measure, the ballot title filed, and the objections to it and may hear arguments on it, and shall as soon as possible render its decision and certify to and file with the county auditor a ballot title that it determines will meet the requirements of this chapter. The decision of the superior court is final, and the ballot title or statement so certified will be the established ballot title. The appeal must be heard without cost to either party. [2003 c 111 § 909.Prior: 2000 c 197 § 14; 1993 c 256§ 12; 1965 c 9 § 29.27,067;prior: 1953 c 242 §4. Formerly RCW 29.27 067.] NOTES: Part headings not law-- 2000 c 197: See note following RCW 29A.72.050. Severability-- Effective date-- 1993 c 256: See notes following RCW 29A.84.28Q. http://srch.mrsc.org:8080/rcwwac/DocView/rcw/RCW%20%2029A%20TITLE/RC W%20... 9/17/2006 Now PROPONENT FIREWORKS INITIATIVE PETITION FILED WITH CITY OF RENTON Kennydale Lions, represented by Richard M. Stephens Groen Stephens &Klinge, LLP, Attorneys at Law 11100 NE 8th Street, Suite 750 Bellevue, Washington 98004 Phone: 425-453-6206 Fax: 425-453-6224 E-mail: stephens@GSKlegal.pro Party of Record: Jerry Farley 16526 Shore Drive NE Lake Forest Park, Washington 98155-5631 Phone: 206-363-7573 Fax: 206-363-7575 E-mail: farley@uptime.org Nur CITY OF RENTON, WASHINGTON RESOLUTION NO. 3830 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, REQUESTING THAT THE KING COUNTY DIVISION OF RECORDS AND ELECTIONS CALL A SPECIAL MUNICIPAL ELECTION, TO COINCIDE WITH THE GENERAL ELECTION TO BE HELD ON NOVEMBER 7 , 2006, AND PLACE PROPOSITION NO. 1 BEFORE THE QUALIFIED ELECTORS OF THE CITY OF RENTON ON THE NOVEMBER 7, 2006, BALLOT. WHEREAS, proponents submitted to the office of the City Clerk an initiative petition to lift the fireworks ban within the City of Renton, and adopt an ordinance establishing the times and conditions under which fireworks could be sold and used; and WHEREAS, the office of the City Clerk forwarded the petition to the King County Division of Records and Elections for certification whether the petition bore a sufficient number of valid signatures to qualify for introduction to the City Council; and WHEREAS, on February 8, 2006, the King County Division of Records and Elections certified that the petition was insufficient; and WHEREAS, on February 23, 2006, proponents filed an amendment to the petition containing additional signatures; and WHEREAS, the office of the City Clerk forwarded this amended petition to the King County Division of Records and Elections for certification whether the petition bore a sufficient number of valid signatures to qualify for introduction to the City Council; and WHEREAS, on March 13, 2006, the King County Division of Records and Elections certified that the initiative petitions bore sufficient valid signatures to qualify for introduction to the City Council; and 1 RESOLUTION NO. 3830 ,0.° WHEREAS, the initiative was not adopted by the Renton City Council, and pursuant to law, must be submitted to the voters of the City of Renton; NOW, 'THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION H. The City of Renton requests, in the form of this Resolution, that King County call a special municipal election to coincide with the November 7, 2006, general election, and place Proposition 1 before the qualified electors of the City of Renton in the November 7, 2006, ballot. SECTION III. The City Clerk is authorized and directed to take those actions necessary to place Proposition 1 before the voters on the November 7, 2006, election. SECTION IV. The City Attorney has prepared the following ballot title for Proposition 1. The City Clerk is authorized to transmit this ballot title to King County Division of Records and Elections: CITY OF RENTON INITIATIVE MEASURE CONCERNING FIREWORKS This measure would revoke the City of Renton's ban on the sale and discharge of all fireworks within the city, except for publicly sponsored displays and would allow for the sale and discharge of consumer fireworks on certain days within certain hours, to commemorate Independence Day and the New Year, and would set regulations for the sale and discharge of fireworks and penalties for violations. Should this measure be enacted into law? ❑ Yes ❑ No 4 2 Now RESOLUTION NO. 3830 SECTION V. The Mayor is authorized and directed to take those actions necessary to place the information regarding Proposition 1 in the November, 2006, voter's pamphlet. SECTION VI. Actions taken prior to adoption of this resolution that are consistent with it are hereby ratified and confirmed. PASSED BY THE CITY COUNCIL this 11th day of September , 2006. 6614/4u,Z, &)Q Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 1 1 r h day of sept ember , 2006. .Ko.4 etveke- __ Kathy Keo ker, Mayor Appr ed as to form: 77A) ''''''*-. Lawrence J. Warren, City Attorney ct.: 'ct : •f r . RES.1208:9/5/06:ma 3 From: Bonnie Walton To: Wine, Marty Date: 9/6/2006 10:45:49 AM Subject: Re: agenda bill and issue paper: fireworks initiative Regarding the email questions, I offer the following: 1) The right-hand side of the agenda bill is correct with X's only by Consent and Resolution. Do not X by Old or New Business. Also there should be added an X by Approvals - Legal. Would ybu, on the agenda bill, want to add as an Exhibit a copy of pages 13 & 14 of the MRSC Initiative Guide? It would prove that we were following the steps exactly as.outlined. 2) No money was set aside in 2006 for initiative elections costs. The newspaper article was incorrect. The cost of the 2006 primary and general election will be billed to cities by King County in 2007. Funding for cost of the fireworks initiative election is in the Finance Dept. 2007 Budget requests. KC gave me an estimate of just under $80,000 for the General Election plus the cost of voter's pamphlets. I suggested to Finance that they budget a total of$82,500 in 2007 for the total fireworks initiative election/pamphlet costs. This cost estimate for the general election is a couple of thousand less than for the primary election. 3) Voter's pamphlet- I assume your office and the City Attorney office want to make these decisions. Let me know if you want my opinion or assistance. Please cc me on any communications. 4) After KC receives our resolution, KC must follow the steps detailed in item #7, page 14, of the Initiative & Referendum Guide. (I left copy on your desk yesterday. Let me know if you need another copy.) 5) Just to clarify and let you know why I made some of the edits on the attached: Had the ballot title been submitted by cover letter to King County by August 4th, that would still not have been sufficient to cause the issue to be placed on the 9/19 primary. King Co had to receive the ballot title within a City adopted Resolution calling for the special election in order to cause the election to go forth. State law requires a resolution calling for an election, and King County requires that the ballot title be in that resolution----none of which is noted in the MRSC guide. Regarding the issue paper, my suggested edits are attached. Bonnie, x6502 WS 1 -Piled in -t/rite -tor /9riflta7 &etf%or A10'MONDAY,SEPTEMBER,11,2006 QpJçJQJ\ KING COUNTY JOURNAL BOARD Thumbs up for asylum for Kirkland family QUOTE Peter A.Horvitz Publisher `They are all very For Immigration Judge OUR VIEW site at http://www.kcsarc.org. Barbara Morgan Victoria Young,who on hot.They have Executive Editor Wednesday granted political For Ron Freese,the"Can the,you know, asylum to a Kirkland family Man"of Fairwood,who in part of the black Editorials are the faced with deportation to their more taxpayer money to replace the out-of- February decided to combine opinions of the native Zimbabwe.The ruling ended a night- date campaign materials by foes of the fire- his daily walks for fitness with blood in them Editorial Board. marish immigration ordeal that spanned works ban. a personal crusade against lit- and part of the nearly six years for Ayoob and Amida ter.Since then,the 67-year-old has picked Submissions to the Siddick and their four children.The For the garden hose-wielding up and recycled more than 4,500 discarded Latino blood in paper may be printed pWay bathth in the paperSiddicks,who fled Zimbabwe to escape per- Federal residents who soda pop and beer cans as well as other them that and electronically. secution for their political beliefs,came here assisted firefighters in beating trash.He has also found and returned a together makes in 2001 only to fat prey to questionable legal back a brush fire that burned a number of lost wallets.His deeds have not it.' advice that left them stranded without work hillside above Interstate 5 at gone unnoticed.He says he gets stopped all visas.Fortunately,the Siddicks'saga has a 272nd Street on Thursday.A Kent Fire the time by people who recognize him,but CALIFORNIA GOV.ARNOLD happy ending,thanks in large part to the Department official credited the civilians rather than receive their praise,he says he SCHWARZENEGGER'S Kirkland community that raised more than with helping to keep the fire from reaching a would rather see them pitch in to help clean TAPED COMMENT CLAIM- $17,000 to aid the family's bid for as lum. nearby home and church. up the community. MG CUBANS AND PUERTO RICANS ARE FEISTY,A For a recent mix-up by For the King County Sexual For Chuck Morgan,aka"Mr. REMARK FOR WHICH HE ililRenton city officials that Assault Resource Center in Kirkland,"who celebrated his LATER APOLOGIZED inadvertently left Rng irt 19 ballot aninitiativeoffthe to rescindSept. 30thentonanniversary,whichis of itsmarkiincorptheo- Morgan95thbhashday beenlast,Thursday.and contin- r. a total ban on blasting off fire- ration as a nonprofit.Since its ues to be,a driving force in the works in the city during the July 4 holiday. inception,the center has provided free legal city for the past six decades,whose accom- The mix-up—which Denis Law,chairman of advocacy,counseling,parent/guardian edu- plishments included serving as publisher of the City Council's Public Safety Committee, cation and a 24-hour resource line to more one of the community newspapers that pre- described as"embarrassing"—means that than 40,000 victims of sexual assault,and ceded the Journal,helping to found the /'\ Renton residents will have to wait until the now serves an average of more than 3,000 Kirkland Performance Center and involve- Nov.7 general election to vote on the initis- clients a year.To make a donation or to ment in the Kirkland Rotary Club and "About lett- tive.It also will require the city to spend learn more about the center,visit its Web Kirkland Chamber of Commerce. Letters to the edi- tor should be 250 words or less and may be edited for length,style and taste.All letters . laide".r,ce+d"r.00T be charged with incitement to mutiny must be signed LETTERS I!r ®, 06 cagiecartoons.comi for making such public statements.I (unless sent by e- t�2 ,' look forward to hearing that he will be mail)and include fs-',, ' cleaning latrines for several years in a both home address NEW YORK TIMES ?s•! 7` ' federal prison. i. ✓, ..' Thomas F.Walsh,Lt.,U.S.Army(Ret.) and </,j Misleading trash . 'i Bellevue daynumbtelephone iijff4 . :rte" erificatioer on. Times editorial pieces masquerading as #r Please. Spare us The New York e d economic news(“Young.labor force oft' i:� IRAQ How to reach us: under strain").The Times writers have ',',. mall a stronganti-capitalist bias and con- - ,f, There's no silver bullet Letters,P.O.Box stantlyurn outl"news"showinghow �`� �� g•�l' How will Sen. Maria Cantwell 130,Kent,WA everyone is falling behind but the rich. zii change the failing course in Iraq by 98035-0330 If you check the blogosphere you'll 2u ,, banning permanent U.S.military bases fax find scores of economists who rou- a'. `' in Iraq and U.S.control of Iraqi oil?Iraq 425-635-0603 or finely refute The Times' economic :,: %"�"•' • is a long battle in a global war that 253-872-6611 analyses.I used to take The Times and •`' Y ri' started in the 1970s and it will tontin- e-mall found their frequent socialist propa- ; Bonnie Walton - RE: Submitting an initiative to the county Page 1 From: "Paul Sullivan" <psullivan@mrsc.org> To: "Walton, Bonnie" <bwalton@ci.renton.wa.us> Date: 9/7/2006 6:54:15 AM Subject: RE: Submitting an initiative to the county Thank you. I've passed your suggestion on to Pat Mason, who was in charge of the Initiative book. Original Message From: Bonnie Walton [mailto:Bwalton@ci.renton.wa.us] Sent: Wednesday, September 06, 2006 6:19 PM To: Paul Sullivan Subject: Re: Submitting an initiative to the county FYI... We are planning to adopt a resolution to call for the special election and the ballot title as prepared by the City Attorney will be included in the resolution language. After adoption, the Resolution will be filed with King County(by the City Clerk!), and supposedly be sufficient by KC standards to cause the election to be held. Anyway, you might want to make note of the Resolution step on page 14 of the MRSC Initiative Guide. Thanks again for your assistance. Bonnie >>> "Paul Sullivan" <psullivan@mrsc.org> 8/31/2006 1:45 PM >>> I still can't find anything to support the position the county is taking. I do note---as I believe you did---that RCW 29A.04.330(2) indicates that the election will be called for by resolution: (2)The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to the auditor at least forty-five days prior to the proposed election date, may, if the county auditor deems an emergency to exist, call a special election in such city, town, or district, and for the purpose of such special election he or she may combine, unite, or divide precincts. Except as provided in subsection (3)of this section, such a special election shall be held on one of the following dates as decided by the governing body: I'll let you know if I find anything further or different. INS ',off Comments on Newspaper Article 9/2/2006: tiv ddie Makj "The City Council set aside $83,600 to cover the cost of the election." No money was set aside. The cost of the 2006 primary and general election will be billed to cities by p King County in 2007. Funding for cost of the fireworks initiative election is part of the 2007 Budget requests. ".... Nor was it understood who was to tell the county elections office about Renton's plans — the city clerk or the city attorney. Now it's clear that duty falls on the city clerk. This was the city's first foray into the citizen initiative process and despite careful research, all the rules weren't followed, according to Marty Wine,the City's assistant Chief administrative officer. We didn't do it, Wine said." There is no state or local law indicating that it is the City Clerk's duty to "tell" the County of the City's plans. Clearly the law indicates it is the City Attorney who must prepare the ballot title. Nevertheless, the City Clerk did tell King County of its plans. A letter dated 4/11/06,from the City Clerk to the proponent's attorney, cc'd to the Mayor, Council President, City Attorney and Anne Bruskland of King County Elections, clearly conveys Council's 4/10/06 approval that the initiative go on the 9/19/06 ballot and states that "the City Attorney will prepare a concise ballot title and submit it to King County Elections. " The City Clerk received no feedback from anyone receiving the letter to indicate that those statements were not correct, and received no indication that further legislation must be adopted. Additionally, emails between the City Clerk and King County Elections staff cc'd to the City Attorney, also clearly state that the intent was to place this on the ballot and that the City Attorney would submit the ballot title. At no time did anyone indicate those emailed statements were not correct, or clarify that the ballot title must be adopted in a City Resolution... As to not following rules, the City Clerk followed every single rule that was documented in the MRSC guideline. Every step written in the Initiative &Referendum Guide, Report Number 28, section entitled "How is the Power of Initiative Exercised in a Noncharter Code City?" was followed by the City Clerk to the letter. Unfortunately, there is no step documented in this section of the guide clarifying that a resolution must be adopted to authorize the special election, and the ballot title be included. That is an unfortunate omission on MRSC's part ultimately leading to this City Clerk being faulted and publicly blamed. Overall, the City Clerk counted 98 emails exchanged with King County staff, City Attorney office, Mayor's office, MRSC, and the proponent's representatives, regarding this initiative and the process. The City Clerk followed the guide, asked questions, made suggestions, prodded, and kept everyone apprised of where the matter was at. In addition, the City Clerk sent several formal letters when the situation required it and cc'd the City Attorney office. When it came time to present it to Council, the Mayor's office took over, in consultation with the City Attorney office. 11110 'i '-A V U lel 1 Y """�c.�,.= „ = Muslim 1 • If urna • k women k,,, .7 wanting rights in marriage • . contracts FAITH & News that fits your life * kingcountyjournal.com 'i ;,M VALUES, Cl _ _. __ _ cAnic __. rl�• �5_ 1,ndly fan in the stands mix.u it leaves . , y 4 , . � ingfin irewor slelft4k up .8?i z it I kAi banoff , , ,„ ,.., . , , , A ' 3' s E .' i ' � ; r. a o a Mistake likely to be � costlyfor taxpayers . 6..+' By Dean A.Radford Journal Reporter RENTON — Because of an "embarrassing" mix-up by city officials, Renton voters won't get to decide Sept. 19 whether they ;, 1 want to rescind a total ban on blasting off fireworks in the city nE .,.,.1L during the July 4 holiday. Patrick Hagerty/Journal Instead, they'll have to wait up a sign with Skyline High fans Friday at the game,against Bellevue in Sammamish.No.86 is his friend until the Nov. 7 general election. Inning back/defensive back on the Skyline football team.Skyline lost 28-0 to Bellevue.See Sports,B1. And taxpayers likely will end up paying more—all because of a MP PREP SCORES PREP ROUND-UP misunderstanding and miscom- munication among city officials nd ..35 M.Island ...17 Kentridge ..21 IN Enumclaw hornets sting about the citizen initiative process. n ...21 Inglmoor ..14 G.Kopowskin 14 fifth-ranked O'Dea,B1 "That's a little embarrassing," Si ..46 Auburn MV .40 Bethel ....28 •Wide receiver Brandon Turner said Denis Law, chPu blic blic of tSafety City Council'sSafety mish .0 Hazen ....12 K-M 6 turns game around for Kentridge,B3 Committee. The City Council set aside $83,600 to cover the cost of the election. But the city may end up shelling out a lot more to cover the irged in bread truck crash cost of now materials of the foes-datof the fire- works ban. Two years ago the City Council Tukwila'was behind the wheel of the ed in serious condition. Kuy's approved the ban on the sale and speeding car when it slammed into injuries were less severe, charging discharge of fireworks, but the back of a delivery truck, flipping papers state. delayed its implementation until rged a 26- the truck onto its side on 1-5 near Troopers immediately noticed the last year to give service clubs and lar assault South 260th Street in Kent. smell of alcohol on Phothisat's other organizations time to find Thursday The crash left the truck's driver,65- breath, prosecutors said. He was ways to raise money other than I truck on year-old Jerome B. Vinikow of taken to Valley Medical Center in through fireworks sales. red, one of Bellevue,with some cuts but no seri- Renton to be treated for minor The Renton ban captured the ous injuries. injuries. A blood draw was taken, attention of the Washington ?,veral wit- At least one of Phothisat's pas- but prosecutors did not release the Independence Day Association, a a silver sengers,Saengphet Mangala,43,suf- man's blood-alcohol content. pro-fireworks lobbying group that and out of fered severe head and chest injuries. Phothisat is being held without has fought other bans in the state. nph north- He and another passenger in bail at the Regional Justice Center in Along with the Kennydale Cent about Mercedes, 25-year-old Sokthy Kuy, Kent. He's scheduled to appear in Lions Club, the association was were taken to Harborview Medical court Sept. 13 for arraignment at the aothisat of Center in Seattle. Mangala was list- justice center. See BALLOT,A6 years s5 more to murder sentence A6 " Saturday, September 2, 2006 LOCAL - www.kitiocountv.'ournal.com they are trying to do," said to the state Public Disclosure election will cost even more King County limit the dis- Redmond, Renton a n d JL) allot council member Law. Commission as expenditures because of a larger turnout, charge of safe -and -sane, fire-, Sammamish. CONTINUED FROM Al But that was about to change this week with mail- since there is no election, he said. he said. Fireworks aren't banned works toJuly 4 or ban the sale and discharge altogether. Dean Radford can be ings of promotional materi- "I do want to make it clear outright in the state or in King. Cities where private use of include reached at dean.radford@ kingcountyjournal.com or the driving force behind the al, Farley said. Now, he's not that every penny we spent was County, although most cities fireworks is banned 253-87.2-6719. election in Renton, leading the even sure how to report them wasted," he said. The general on the Eastside and in south Bellevue, Issaquah, Kirkland, drive to collect the 3,855 sig- ri.�t9iroc. Fir on initiotiv0 /'�a��iYld Bonnie Walton - Re: Fireworks initiative Page 1 \✓ rI From: Daniel Clawson To: MWine@ci.renton.wa.us Date: 9/1/2006 2:51:16 PM Subject: Re: Fireworks initiative Marty, Thank you for informing us fully and quickly. Human error is inevitable from time to time. Our confidence in the City Clerk and her staff should not be diminished by this incident. Dan Clawson >>> Marty Wine 09/01/06 8:03 AM >>> Mayor and Councilmembers: This year you considered an initiative to lift the City's fireworks ban that was to have been placed on the Sept 19 ballot. On Tuesday the proponents of the initiative brought to our attention that the initiative was not in the voters' pamphlet for Sept. 19. This came as a surprise to us since we thought we'd followed all the appropriate steps. Bonnie has been researching this and discovered that Renton missed a deadline to have the initiative placed on the Sept. ballot due to an miscommunication about who was responsible for filing the ballot title with King County (which was to have been done by Aug. 4, to place the issue on the Sept. 19 ballot). This was an inadvertent error. Despite our careful tracking of the right steps and deadlines, and keeping in touch with King County the ballot title was not filed. So. The City Clerk, City Attorney and I are working with King County Records & Elections to correct this situation, notify the proponents and local press, and ensure we meet a September 22 deadline to file the ballot title so the initiative will now be placed on the November ballot. Part of this process will require Council action to transmit the ballot title. Council will see an agenda bill on an upcoming agenda, probably Sept. 11, with an accompanying resolution to transmit the ballot title to King County, referencing Council's April 10 motion (approved on the consent agenda)where you approved a special election. I apologize for this oversight. I have spoken with Dean Radford of the King County Journal about this situation as well, and Bonnie is in conversation with the proponents. I'm not expecting serious negative consequences -we'll still have the election, albeit later than planned, and the effective date will be as the proponents asked. And we know more than we did before about the right process for citizen initiatives. Please let me know if you have any questions or concerns - I'd be happy to discuss further. Thanks - Marty Wine Assistant Chief Administrative Officer, City of Renton 1055 South Grady Way Renton, WA 98057 P 425.430.6526 F 425.430.6523 mwine@ci.renton.wa.us Bonnie Walton - Re: Fireworks initiative Page 2 CC: bwalton@ci.renton.wa.us,council@ci.renton.wa.us Bonnie Walton - Ballot/Fireworks Ordinance Initiative Page 1 New `or From: Bonnie Walton To: Sandy.McConnell@METROKC.GOV Date: 8/31/2006 5:05:09 PM Subject: Ballot/Fireworks Ordinance Initiative Sandy: Thank you for sending the copy of Sea Tac's ordinance. I think Renton's situation with this special election is a little different than the examples, though. The City of Renton is not the actual proponent of the issue that needs to be voted on. The citizens of Renton signed an Initiative petition with proposed ordinance attached and it was certified sufficient by KC. That petitioned proposal is what needs to go to a vote of the citizens of Renton. According to our research and that of MRSC, there is no RCW requirement that the City adopt an ordinance of its own to approve and submit the ballot title for an Initiative. Instead, it is our understanding that the City just needs to file the ballot title as prepared by the City Attorney, with the King County auditor, who in turn needs to notify the initiative proponents of the exact language of the ballot title. (See the ballot and appeal option and procedure as stated in RCW 29A.36.071 and RCW 29A.36.090.) So I think all Renton is required to do to get this on the ballot is to submit to KC Elections/Auditor, the ballot title, and a certified copy of the Council minutes documenting when City Council authorized the Initiative ordinance to go to Special Election (rather than the City just adopting the initiative ordinance as petitioned). Please let me know asap if you agree with this, and to whose attention we should address our letter submitting the ballot title and minutes. Also let me know who all at KC should get cc'd with the letter and documents. Thank you for your assistance with this. We want to get this filed as soon as possible, so there is no chance of it not being in the Nov. 7, 2006 election. I look forward to hearing from you. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 CC: Bobbie.Egan©METROKC.GOV; sean.bouffiou©metrokc.gov • Bonnie Walton - RE: Fwd: Ballot title on initiatives Page 1 Now Niue From: "Larry Warren" <ljwarren@seanet.com> To: "'Marty Wine"' <MWine@ci.renton.wa.us>, "'Bonnie Walton- <Bwalton@ci.renton.wa.us> Date: 8/31/2006 2:48:29 PM Subject: RE: Fwd: Ballot title on initiatives If this doesn't work, and we still need an ordinance, let me know and I can have one ready within a day. It's nice to know that Bonnie and I can read and understand the process, even if we didn't get it straight who was supposed to send in the ballot title. Oh well, I'll take my share of the blame. Blame spreads infinitely while credit is fixed. Original Message From: Marty Wine [mailto:MWine@ci.renton.wa.us] Sent: Thursday, August 31, 2006 1:52 PM To: Bonnie Walton; Ijwarren@seanet.com Subject: Re: Fwd: Ballot title on initiatives This seems reasonable to me, with the caveat that our communication with King County must be clear and proactive from this point on (Bonnie I assume that's you and a person @ King County?), and we should be notifying them now of what we've just learned, that an ordinance is not necessary and that we expect the Apr 10 action to be adequate to place the issue on the ballot. Thanks for asking this question of MRSC. I'm going to start the agenda bill this afternoon. >>> Bonnie Walton 8/31 12:29 pm >>> I suggest that instead of an agenda bill and ordinance being presented on 9/11 to Council, that the ballot title and copy of the Council minutes of 4/10/06 indicating the Special Election approval, be filed with King County, and also enclose a copy of RCW 29A.36.080 & -090. Here's why: I sent an email to MRSC to alert them to the fact that the Initiative and Referendum Guide of theirs that I was using to help process the Fireworks Initiative, failed to include a section to indicate that (according to King County)the ballot title prepared by the City Attorney should be adopted by Council in an ordinance that calls for the special election, and then that Ordinance be filed with the County in order to get it on the ballot. According to the emailed response and phone conversation I had with Mr. Sullivan of MRSC, there is no state law that indicates the City must adopt an ordinance to approve an initiative ballot title. Since this is a citizen initiative and not a city proposal, the legal requirement seems to be for the city only to file the ballot title. Then the County has certain obligations they must follow in order to present the ballot title to the proponents for approval, etc. Granted, we failed to file the ballot title with KC in time for the primary due to our internal miscommunication. I apologize for my part in that. However, I think King County is wrong to ask us for an ordinance to include the ballot title and call for an election, and we should not prepare such an ordinance since we are not the proponent. If it were a City proposal, such as for lid lift like SeaTac, or for bond issue, like our 1998 pool issue, then an ordinance calling for special election and with ballot title is appropriate. But not for an initiative, as it's not our issue. Bonnie Walton - RE: Fwd: Ballot title on initiatives Page 2 `✓ Ni Also, I think King County should have been alert to the fact that a citizens initiative had been filed and deemed sufficient, and been alert to the fact when they reviewed the draft ballot title that they would have an obligation under state law to route it to the proponent for their approval, etc. Instead, I think the County is depending on the City to adopt an ordinance calling for this election, and they will proceed to put it on the ballot based on that alone, removing the proponent from the picture. That's not right because the initiative is not a City proposal. So, I suggest that instead of an agenda bill and ordinance being presented on 9/11 to Council, that the ballot title and copy of the Council minutes of 4/10/06 indicating the Special Election approval, be filed with King County, and enclose a copy of RCW 29A.36.080 & -090, so they know to do the followup. Attached are the communications mentioned. Please consider this and let me know if you agree with my suggestion. Bonnie Walton City Clerk, x6502 Bonnie Walton - Re: Submitting an initiative to the county Page 1 From: Bonnie Walton To: Sullivan, Paul Date: 8/31/2006 2:29:42 PM Subject: Re: Submitting an initiative to the county Thank you for the information. It is helpful. If you find anything new, let me know. Otherwise we will proceed as necessary. I appreciate your information and assistance. Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "Paul Sullivan" <psullivanmrsc.orq> 8/31/2006 1:45 PM >>> I still can't find anything to support the position the county is taking. I do note---as I believe you did---that RCW 29A.04.330(2) indicates that the election will be called for by resolution: (2)The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to the auditor at least forty-five days prior to the proposed election date, may, if the county auditor deems an emergency to exist, call a special election in such city, town, or district, and for the purpose of such special election he or she may combine, unite, or divide precincts. Except as provided in subsection (3)of this section, such a special election shall be held on one of the following dates as decided by the governing body: I'll let you know if I find anything further or different. Bonnie Walton - Re: Fwd: Ballot title on initiatives Page 1 From: Marty Wine To: ljwarren@seanet.com, Walton, Bonnie Date: 8/31/2006 1:52:29 PM Subject: Re: Fwd: Ballot title on initiatives This seems reasonable to me, with the caveat that our communication with King County must be clear and proactive from this point on (Bonnie I assume that's you and a person @ King County?), and we should be notifying them now of what we've just learned, that an ordinance is not necessary and that we expect the Apr 10 action to be adequate to place the issue on the ballot. Thanks for asking this question of MRSC. I'm going to start the agenda bill this afternoon. >>> Bonnie Walton 8/31 12:29 pm >>> I suggest that instead of an agenda bill and ordinance being presented on 9/11 to Council, that the ballot title and copy of the Council minutes of 4/10/06 indicating the Special Election approval, be filed with King County, and also enclose a copy of RCW 29A.36.080 & -090. Here's why: I sent an email to MRSC to alert them to the fact that the Initiative and Referendum Guide of theirs that I was using to help process the Fireworks Initiative, failed to include a section to indicate that (according to King County)the ballot title prepared by the City Attorney should be adopted by Council in an ordinance that calls for the special election, and then that Ordinance be filed with the County in order to get it on the ballot. According to the emailed response and phone conversation I had with Mr. Sullivan of MRSC, there is no state law that indicates the City must adopt an ordinance to approve an initiative ballot title. Since this is a citizen initiative and not a city proposal, the legal requirement seems to be for the city only to file the ballot title. Then the County has certain obligations they must follow in order to present the ballot title to the proponents for approval, etc. Granted, we failed to file the ballot title with KC in time for the primary due to our internal miscommunication. I apologize for my part in that. However, I think King County is wrong to ask us for an ordinance to include the ballot title and call for an election, and we should not prepare such an ordinance since we are not the proponent. If it were a City proposal, such as for lid lift like SeaTac, or for bond issue, like our 1998 pool issue, then an ordinance calling for special election and with ballot title is appropriate. But not for an initiative, as it's not our issue. Also, I think King County should have been alert to the fact that a citizens initiative had been filed and deemed sufficient, and been alert to the fact when they reviewed the draft ballot title that they would have an obligation under state law to route it to the proponent for their approval, etc. Instead, I think the County is depending on the City to adopt an ordinance calling for this election, and they will proceed to put it on the ballot based on that alone, removing the proponent from the picture. That's not right because the initiative is not a City proposal. So, I suggest that instead of an agenda bill and ordinance being presented on 9/11 to Council, that the ballot title and copy of the Council minutes of 4/10/06 indicating the Special Election approval, be filed with King County, and enclose a copy of RCW 29A.36.080 & -090, so they know to do the followup. Attached are the communications mentioned. Please consider this and let me know if you agree with my suggestion. Bonnie Walton City Clerk, x6502 Bonnie Walton - Submitting an initiative to the county Page 1 From: "Paul Sullivan" <psullivan@mrsc.org> To: "Walton, Bonnie" <bwalton@ci.renton.wa.us> Date: 8/31/2006 1:47:34 PM Subject: Submitting an initiative to the county I still can't find anything to support the position the county is taking. I do note---as I believe you did---that RCW 29A.04.330(2) indicates that the election will be called for by resolution: (2)The county auditor, as ex officio supervisor of elections, upon request in the form of a resolution of the governing body of a city, town, or district, presented to the auditor at least forty-five days prior to the proposed election date, may, if the county auditor deems an emergency to exist, call a special election in such city, town, or district, and for the purpose of such special election he or she may combine, unite, or divide precincts. Except as provided in subsection (3) of this section, such a special election shall be held on one of the following dates as decided by the governing body: I'll let you know if I find anything further or different. Bonnie Walton - Fwd: Ballot title on initiatives Page 1 Nape Noe From: Bonnie Walton To: Larry Warren; Marty Wine Date: 8/31/2006 12:29:04 PM Subject: Fwd: Ballot title on initiatives I suggest that instead of an agenda bill and ordinance being presented on 9/11 to Council, that the ballot title and copy of the Council minutes of 4/10/06 indicating the Special Election approval, be filed with King County, and also enclose a copy of RCW 29A.36.080 & -090. Here's why: I sent an email to MRSC to alert them to the fact that the Initiative and Referendum Guide of theirs that I was using to help process the Fireworks Initiative, failed to include a section to indicate that (according to King County)the ballot title prepared by the City Attorney should be adopted by Council in an ordinance that calls for the special election, and then that Ordinance be filed with the County in order to get it on the ballot. According to the emailed response and phone conversation I had with Mr. Sullivan of MRSC, there is no state law that indicates the City must adopt an ordinance to approve an initiative ballot title. Since this is a citizen initiative and not a city proposal, the legal requirement seems to be for the city only to file the ballot title. Then the County has certain obligations they must follow in order to present the ballot title to the proponents for approval, etc. Granted, we failed to file the ballot title with KC in time for the primary due to our internal miscommunication. I apologize for my part in that. However, I think King County is wrong to ask us for an ordinance to include the ballot title and call for an election, and we should not prepare such an ordinance since we are not the proponent. If it were a City proposal, such as for lid lift like SeaTac, or for bond issue, like our 1998 pool issue, then an ordinance calling for special election and with ballot title is appropriate. But not for an initiative, as it's not our issue. Also, I think King County should have been alert to the fact that a citizens initiative had been filed and deemed sufficient, and been alert to the fact when they reviewed the draft ballot title that they would have an obligation under state law to route it to the proponent for their approval, etc. Instead, I think the County is depending on the City to adopt an ordinance calling for this election, and they will proceed to put it on the ballot based on that alone, removing the proponent from the picture. That's not right because the initiative is not a City proposal. So, I suggest that instead of an agenda bill and ordinance being presented on 9/11 to Council, that the ballot title and copy of the Council minutes of 4/10/06 indicating the Special Election approval, be filed with King County, and enclose a copy of RCW 29A.36.080 & -090, so they know to do the followup. Attached are the communications mentioned. Please consider this and let me know if you agree with my suggestion. Bonnie Walton City Clerk, x6502 Research Request Form Thank you for your research request. It will be routed to an appropriate consultant. You entered the following information in the research request form: Name: Bonnie Walton Title: City Clerk Phone: 425-430-6502 Fax: 425-430-6516 E-mail: bwalton@ci.renton.wa.us Research Request: Having received our first Initiative petition ever last Fall, I have been reading and following your "Initiative and Referendum Guide", Report Number 28, pretty closely. I want to point out, however, that under the section starting on page 13, "How is the Power of Initiative Exercised in a Noncharter Code City?" there is no indication in item #6 that the ballot title to be prepared by the City Attorney must be adopted by City Council in the form of an ordinance and that that ordinance must then be filed with the County(King Co) in order to place the item on the ballot. Since that is apparently a mandatory requirement, you may want to include that critical step in the booklet. Please let me know if you agree. Thank you. 1 i i i I i i Bonnie Walton - Ballot title on initiatives Page 1 ,tire From: "Paul Sullivan" <psullivan@mrsc.org> To: "Walton, Bonnie" <bwalton@ci.renton.wa.us> Date: 8/31/2006 10:35:00 AM Subject: Ballot title on initiatives You have asked whether Municipal Research agrees with your statement that"the ballot title to be prepared by the City Attorney [for an initiative in a code city] must be adopted by City Council in the form of an ordinance and that that ordinance must then be filed with the County(King Co) in order to place the item on the ballot." I sent you a telephone message regarding your question. As I stated in that message, I cannot find the requirement that you refer to. The process for initiatives in a code city is provided for at RCW 35A.11.100, and that statute indicates that reference should be made to "RCW 35.17.240 through 35.17.360, as now or hereafter amended." The referenced statutes do outline the general process; RCW 35.17.260 provides that, if the initiative petition is found to be sufficient, the council shall cause an election to be called for. The statutes setting out the process for the development of ballot titles are found in chapter 29A.36 RCW. RCW 29A.36.071 sets out the process for the development of the ballot title by the city attorney and for the elements to be included in the title. The ballot title, once prepared, it appears to me, is given to the county auditor, who then provides notice of its content. A person who is dissatisfied may appeal the language to superior court. RCW 29A.36.080-.090. I can find nothing, however, indicating that the council must then pass an ordinance containing the ballot title. I may be wrong, but I cannot find such a requirement. Please feel free to contact me, if you would like to discuss your question---or this response---further. Bonnie Walton - Ballot title on initiatives Page 1 Noe Nal From: "Paul Sullivan" <psullivan©mrsc.org> To: "Walton, Bonnie" <bwalton©ci.renton.wa.us> Date: 8/31/2006 10:35:00 AM Subject: Ballot title on initiatives You have asked whether Municipal Research agrees with your statement that"the ballot title to be prepared by the City Attorney [for an initiative in a code city] must be adopted by City Council in the form of an ordinance and that that ordinance must then be filed with the County(King Co) in order to place the item on the ballot." I sent you a telephone message regarding your question. As I stated in that message, I cannot find the requirement that you refer to. The process for initiatives in a code city is provided for at RCW 35A.11.100, and that statute indicates that reference should be made to "RCW 35.17.240 through 35.17.360, as now or hereafter amended." The referenced statutes do outline the general process; RCW 35.17.260 provides that, if the initiative petition is found to be sufficient, the council shall cause an election to be called for. The statutes setting out the process for the development of ballot titles are found in chapter 29A.36 RCW. RCW 29A.36.071 sets out the process for the development of the ballot title by the city attorney and for the elements to be included in the title. The ballot title, once prepared, it appears to me, is given to the county auditor, who then provides notice of its content. A person who is dissatisfied may appeal the language to superior court. RCW 29A.36.080-.090. I can find nothing, however, indicating that the council must then pass an ordinance containing the ballot title. I may be wrong, but I cannot find such a requirement. Please feel free to contact me, if you would like to discuss your question---or this response---further. '8o25 boa -«go Com) Research Request Request Page 1 of 1 tasI 11✓ . • Municipal Research and Services Center of Washington Working Together for Excellence in Local Government Research Request Form Thank you for your research request. It will be routed to an appropriate consultant. You entered the following information in the research request form: Name: Bonnie Walton Title: City Clerk Phone: 425-430-6502 Fax: 425-430-6516 E-mail: bwalton@ci.renton.wa.us Research Request: Having received our first Initiative petition ever last Fall, I have been reading and following your "Initiative and Referendum Guide", Report Number 28, pretty closely. I want to point out, however, that under the section starting on page 13, "How is the Power of Initiative Exercised in a Noncharter Code City?" there is no indication in item#6 that the ballot title to be prepared by the City Attorney must be adopted by City Council in the form of an ordinance and that that ordinance must then be filed with the County(King Co) in order to place the item on the ballot. Since that is apparently a mandatory requirement, you may want to include that critical step in the booklet. Please let me know if you agree. Thank you. http://www.mrsc.org/resreqst.aspx 8/31/2006 Newspaper Article 9/2/2006: "The City Council set aside $83,600 to cover the cost of the election." No money was set aside. The cost of the 2006 primary and general election will be billed to cities by King County in 2007. Funding for cost of the fireworks initiative election is part of the 2007 Budget requests. ".... Nor was it understood who was to tell the county elections office about Renton's plans —the city clerk or the city attorney. Now it's clear that duty falls on the city clerk. This was the city's first foray into the citizen initiative process and despite careful research, all the rules weren't followed, according to Marty Wine, the City's assistant Chief administrative officer. We didn't do it, Wine said." There is no state or local law indicating that it is the City Clerk's duty to "tell" the County of the City's plans. Clearly the law indicates it is the City Attorney who must prepare the ballot title. Nevertheless, the City Clerk did tell King County of its plans. A letter dated 4/11/06,from the City Clerk to the proponent's attorney, cc'd to the Mayor, Council President, City Attorney and Anne Bruskland of King County Elections, clearly conveys Council's 4/10/06 approval that the initiative go on the 9/19/06 ballot and states that "the City Attorney will prepare a concise ballot title and submit it to King County Elections. " The City Clerk received no feedback from anyone receiving the letter to indicate that those statements were not correct, and no indication that further legislation must be adopted. Additionally, emails between the City Clerk and King County Elections staff cc'd to the City Attorney, also clearly state that the intent was to place this on the ballot and that the City Attorney would submit the ballot tif�e. -on entai- -. At no time did anyone indicate thoseestatements were not correct, or clarify that the ballot title must be in a Resolution.. As to not following rules, the City Clerk followed every single rule that was documented in the MRSC guideline. Every step indicated in the Initiative &Referendum Guide, Report Number 28, section entitled "How is the Power of Initiative Exercised in a Noncharter Code City?" was followed by the City Clerk to the letter. Unfortunately, there is no step documented in this section of the guide clarifying that a resolution must be adopted to authorize the special election, and the ballot title be included. That is an omission on MRSC's part, in my opinion. This City Clerk depends on the City Attorney and MRSC to advise in unfamiliar circumstances when legislation is required. If they do not know or say, should the City Clerk really be faulted and publicly blamed? Bonnie Walton - Fireworks initiative Page 1 `r rale From: Marty Wine To: Keolker, Kathy; ORG_CITY_COUNCIL Date: 9/1/2006 8:03:29 AM Subject: Fireworks initiative Mayor and Councilmembers: This year you considered an initiative to lift the City's fireworks ban that was to have been placed on the Sept 19 ballot. On Tuesday the proponents of the initiative brought to our attention that the initiative was not in the voters' pamphlet for Sept. 19. This came as a surprise to us since we thought we'd followed all the appropriate steps. Bonnie has been researching this and discovered that Renton missed a deadline to have the initiative placed on the Sept. ballot due to an miscommunication about who was responsible for filing the ballot title with King County (which was to have been done by Aug. 4, to place the issue on the Sept. 19 ballot). This was an inadvertent error. Despite our careful tracking of the right steps and deadlines, and keeping in touch with King County the ballot title was not filed. So. The City Clerk, City Attorney and I are working with King County Records & Elections to correct this situation, notify the proponents and local press, and ensure we meet a September 22 deadline to file the ballot title so the initiative will now be placed on the November ballot. Part of this process will require Council action to transmit the ballot title. Council will see an agenda bill on an upcoming agenda, probably Sept. 11, with an accompanying resolution to transmit the ballot title to King County, referencing Council's April 10 motion (approved on the consent agenda)where you approved a special election. I apologize for this oversight. I have spoken with Dean Radford of the King County Journal about this situation as well, and Bonnie is in conversation with the proponents. I'm not expecting serious negative consequences -we'll still have the election, albeit later than planned, and the effective date will be as the proponents asked. And we know more than we did before about the right process for citizen initiatives. Please let me know if you have any questions or concerns - I'd be happy to discuss further. Thanks - Marty Wine Assistant Chief Administrative Officer, City of Renton 1055 South Grady Way Renton, WA 98057 P 425.430.6526 F 425.430.6523 mwine©ci.renton.wa.us CC: Covington, Jay; ljwarren©seanet.com; Shridhar, Preeti; Walton, Bonnie Bonnie Walton - Call me please Page 1 w r,s/► From: "Egan, Bobbie" <Bobbie.Egan@METROKC.GOV> To: <Bwalton@ci.renton.wa.us> Date: 8/30/2006 4:37:05 PM Subject: Call me please Bobbie Egan King County Records, Elections & Licensing Division t: 206-296-1552 f: 206-296-0108 www.metrokc.gov/elections Page 1 of 2 Bonnie Walton - Fireworks initiative - status and next steps. From: Marty Wine To: Walton, Bonnie Date: 8/30/2006 3:08 PM Subject: Fireworks initiative - status and next steps. CC: Covington, Jay; ljwarren©seanet.com; Shridhar, Preeti Hi all, thanks for briefing me on the status of the fireworks initiative. Here's my understanding of where we've been and where we're going, including suggested assignments at the end of this message to keep us on track from here on out: What has happened: • Nov. 1, 2005: Proponents submitted a petition to lift fireworks ban • Feb. 8, 2006: King County certified the petition as insufficient • Feb. 23, 2006: Proponents filed an amendment to the petition • March 13, 2006: King County certified the petition as sufficient • Apr. 10, 2006: Council approved the petition by motion for the Sept. 19 ballot on the consent agenda, Larry Warren briefed the Council and public on options. • Apr. 11, 2006: Clerk notified the legal representative for proponents for Council action • June 8, 2006: City Attorney sent memo to Clerk with proposed title, which was routed for review by proponents and King County and our Fire Chief • July 5, 2006: City Attorney routed the draft ballot title to the City Clerk. • Our City Clerk and City Attorney were in contact (by phone?) with King County Records and Elections stating the City's intention that this go on the Sept. 19 ballot. Today, Aug. 29, the proponents notified Bonnie that the initiative is not listed in the voters' pamphlet. So the City has apparently dropped a ball/missed a deadline. (We have never had to address the issue of placing an initiative on the ballot, and despite our careful reading of the law and process, this is not on the Sept. ballot) Internally, (in July) we proposed/discussed putting the ballot title on the July 10 agenda but did not, and said our City Attorney would brief the Council by memo. What should have happened was that a resolution containing the ballot title should have been filed with King County within 45 days of the September 19 election (should have been done by Aug. 4). Also it is up to the City to request the publication of the ordinance and request the listing of the initiative in the voters pamphlet. As I understand it, there was a miscommunication about whether the action/responsibility to file the initative with King County to place it on the ballot rested with the City Attorney or City Clerk. In any event, this action did not occur and Renton has missed the deadline for the Sept. 19 ballot. We also now know after (whose?) conversations with King County that King County expects/requests a resolution adopted by Council to place an initiative on the ballot. So that's where we are now. To go forward and now and address this, so that the initiative goes on the Nov. ballot: • Bonnie, please notify the proponents about what has happened and (calmly) explain that we can still meet the deadline for the Nov. ballot and the effective date of the proposal would remain as the proponents suggested. • City Council must pass a resolution calling for a special election on Nov. 7. Larry Warren's office will draft the resolution and we'll need to get it going on the Sept. 11 Council process. I will work on an agenda bill. • City must meet a filing deadline with King County of Sept. 22 to place the initiative on the Nov. 7 ballot. It will be up to Bonnie to file the resolution and ballot title with King County after Council acts. file://C:ADocuments and Settings\BWalton\Local Settings\Temp\GW}00001.HTM 8/30/2006 Page 2 of 2 fir►' • Bonnie also has responsibility for publishing the ordinance by about Oct. 15 for the Nov. 7 ballot and requesting the inclusion in the voters pamphlet. • Marty and/or Preeti will handle talking with Dean Radford of the KC Journal today. I think that's it as far as I know - please refine or let me know of any questions you may have. Thanks! Marty Wine Assistant Chief Administrative Officer, City of Renton 1055 South Grady Way Renton, WA 98057 P 425.430.6526 F 425.430.6523 mwineCaci.renton.wa.us file://C:ADocuments and Settings\BWalton\Local Settings\Temp\GW}00001.HTM 8/30/2006 Y o CITY )F RENTON • .,u Office of the City Attorney �� Kathy Keolker,Mayor Lawrence J.Warren rr Senior Assistant City Attorneys Mark Barber Zanetta L.Fontes Assistant City Attorneys Ann S.Nielsen Gannon Newsom 11 MEMORANDUM Shawn E. Arthur TO: Bonnie Walton, City Clerk CITY OF RENTON FROM: Lawrence J. Warren, City Attorney AUG 1 7 2006 RECEIVED DATE: August 15, 2006o�- �'S ow r:lc� eVisPd/ai<r RE: New fireworks ordinance from initiative / er /chit`"- die NV>' e/!,K 1!"Drdamspbotove5 The original of the above-mentioned legislation is attached. /ahgii j l�.n-rte, Lawrence J. Warren LJW:ma Enc. • cc: Fire Chief, David Daniels Post Office Box 626-Renton, Washington 98057-(425)255-8678 I FAX(425)255-5474 RENTON AHEAD OF THE CURVE This Paper contains 50%recycled material,30%post consumer 4010 k, ProaecI CITY OF RENTON, WASHINGTON ORDINANCE NO. Fai ]ed AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEALING ORDINANCE NO. 5088, AND AMENDING SECTION 4-5- 70.C.69, OF CHAPTER 5, BUILDING AND FIRE REGULATIONS, OF T LE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4261 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF NTON, WASHINGTON," BY ADDING A FIREWORKS CONTR b SECTION PERMITTING FIREWORKS IN THE CITY OF RENTON, • PASSED BY INITIATIVE. THE PEOPLE • . THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Rent. I Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are co .letely repealed. SECTION 2. Section 4-5-0 .C.69, of Chapter 5, Building and Fire Regulations, of Title IV (Development Regulations) of Ordin. ,ce No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is he -by amended to read as follows: FIREWO Sections: 1. Definitions. 2. Acts prohibited without a permit. 3. Application for permit. 4. Investigation for permit. 5. Fire chief may grant or deny permit - Conditions. 6. License required prior to issuance of permit. 7. Public display permit- Granted for exclusive purpose -Nontra,sferable. 8. Supervision of public displays. 9. Permit authorize activities of sellers, representatives and employ--s. 10. Dates and times consumer fireworks may be sold or discharged. 11. Sales of consumer fireworks. 12. Sales locations. 13. Standards for fireworks locations. 14. Fire nuisance where fireworks kept prohibited. 15. Approved storage facilities required. 1 Now ORDINANCE NO. `ow 16. Unlawful possession. 17. Sale of fireworks to persons under 16 years of age prohibited. 18. Sales or transfers of display fireworks. 19. Manufacture or sale of fireworks for out-of-state shipment. 20. Special effects for entertainment media. 21. Nonprohibited acts - Signal purposes, forest protection. 22. Revocation or suspension of permit. 23. Reckless discharge or use prohibited. 24. Discharge of fireworks by person under 16 years of age. 25. Enforcement. 26. 'enalties for violation. 27. 'olation a separate, continuing offense. 28. Co truction 29. Seve .bility Section 1. Definition Unless the context 'n which they are used otherwise requires, the following definitions shall govern the construction of th- terms in this chapter: A. "Fireworks" mean any composition or device designed to produce a visible or audible effect by combustion, deflagr.tion or detonation, and which meets the definition of agricultural and wildlife fireworks, article pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks"means large fi -works designed primarily to produce visible or audible effects by combustion deflagration, or detonate nn and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explo ive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other di I lay pieces which exceed the limits of explosive materials for classification as "consumer fireworks" . d are classified as fireworks UN0333, UN 0334, or UN0335 by the United States Department of ansportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including ►sed setpieces containing components which exceed 50 milligrams of salute powder. 2 ORDINANCE NO. Name C. "Consumer fireworks"means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 .R Parts 1500 and 1507 and including some small devices designed to produce audible effects, such :s whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aeri.. devices containing 130 milligrams or less of explosive materials and classified as fireworks 0336 by the United States Department of Transportation at 490 C.F.R Section 172.101 as of the effect e date of this ordinance, and not including fused setpieces containing components which together ex -ed 50 milligrams of salute powder. D. "Agric tural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and gro ers through a wildlife management program administered by the United States Department of the Inter •r or an equivalent state or local governmental agency. E. "Articles pyrotechn "means pyrotechnic devices for professional use similar to consumer fireworks in chemical compo 'tion and construction but not intended for consumer use which meet the weight limits for consumer eworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the Uni z d State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordin. 'ce. F. "Flame effects"means the detonation, de ation, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, vi al, or audible effect before the public, invitees, or licensees, regardless of whether or not an admi• ion fee is charged. G. "Special effects"means any combination of chemical e -ments or chemical compounds capable of burning independently of the oxygen in the atmosph e, and designed and 3 ORDINANCE NO. intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks"means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special e fects or display fireworks. I. "Fire nuisance"means any thing or any act which increases, or may cause an increase of, the h.v and or menace of fire to a greater degree than customarily recognized as normal by person in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay or the hindrance, o the prevention of or extinguishment of fire. J. "Lice .e"means a nontransferable formal authorization which the chief of the Washington State Patrol, • ough the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the ac. specifically designated therein. K. "Licensee"means . person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit"means the official a thorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 R .. . M. "Permittee"means any person issued fireworks permit in conformance with Chapter 70.77 RCW. N. "Person"includes any individual, firm, partne ip,joint venture, association, concern, corporation, estate, trust,business trust, receiver, syndica -, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, mak: , constructs, fabricates, or produces any firework article or device but does not include persons who asse 4 ble or fabricate 4 ORDINANCE NO. sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other •erson for resale and any person who sells articles pyrotechnic, special effects or display fireworks to p.blic display permittees. 0. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, o. exchanges for consideration consumer fireworks to a consumer or user. R. otechnic operator" includes any individual who by experience and training has demonstrated the re. ired skill and ability for safely setting up and discharging articles pyrotechnic, special effects or displa fireworks. S. "Fire chief' -ans the chief administrative officer of the fire department and/or his designee who shall be the local i e official for purposes of Chapter 70.77 RCW. T. "Permanent storage" eans storage of display fireworks at any time and/or storage of consumer fireworks at any time other tha the periods allowed under this code and which shall be in compliance with the requirements of Chapter •0.77 RCW. U. "Temporary storage" means the sto .ge of consumer fireworks during the periods allowed under Chapter 70.77 RCW. V. "Retail fireworks stand" means a tent or othe temporary structure made of wood, metal or other material, which meets the requirements of WAC 2-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without permit. No person shall do any of the following acts in the City of Renton with. t having first obtained and having in full force and effect a valid permit issued by the City of Ren .n to do so. 5 *I' ORDINANCE NO. Igoe A. Manufacture, import,possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail. B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as licensee or as a public carrier delivering to a licensee or perm tee and except the transport of consumer fireworks lawfully purchased at retail Section 3. •,s plication for permit. A. • y person desiring to do any act set forth in Section 2 shall first make written application for a pe it to the fire chief. The application for a permit shall be signed by the applicant or the applicant's autho ' ed representative. If the application is made by a partnership, it shall be signed by each partner of th- .artnership or by the partnership's authorized representative. If the application is made by a corporal en, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corpo..tion's authorized representative. The application shall be in such form as the fire chief shall require aneshall include, at a minimum, the following information. 1. The true name, address . 8d telephone number of the applicant and for any retail operation the person in charge and res►onsible; 2. A statement by the applicant that e or she is over the age of 18 years; 3. A valid and current license issued by . e chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapt. 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant inte s to perform the act for which the permit is sought, and, for retail sales, a diagram showing th- .roposed site plan of 6 w ORDINANCE NO. ''"'' the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a no efundable permit fee of$100.00. This fee shall cover all needed permits, licenses and autho ations from application to and through processing, issuance and inspections and all other costs, if an of any kind, including business license fees. The applicant shall post a $500.00 cash bond, conditio -d upon the prompt removal of the temporary strand and the clearing up of all debris from the site by th- tenth of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day o January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to 4 o so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a iublic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a omprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,00:.000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for pro•erty damage liability for each event. Such general liability policy shall name the city as an additional imed insured, must be in full force and effect for the duration of the permit, and shall include a provisi,n prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall b: made in writing at least 10 days in advance of the proposed display. All applications shall be accompan.-d by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditi•ned upon the prompt removal of all debris from site within 24 hours of such display. Failure to do so I all cause the bond to be forfeited to the City of Renton. 7 ORDINANCE NO. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on t' - thirty-first day of May of such year. Secti 4. Investigation, report on permit application. e fire chief shall make an investigation and prepare a report of his findings and conclusions or or against the issuance of the permit, together with his reasons therefore. In case of an application fo a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, .. e an investigation as to whether such display as proposed will be of such a character and will be so lo..ted that it may be hazardous to property or dangerous to any person, consistent with the requiremen of RCW 70.77 Section 5. Fire chief may grant or ,eny permit - Conditions. The fire chief shall have the pow- to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77. Section 6. License required prior to issuance o s ermit. No permit shall be issued unless the person ap• 'ng therefore shall first have obtained and have in full force and effect a valid license issued by the c 'ef of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70. RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit- Granted for exclusive purpose - •ntransferable If a permit for the public display of fireworks is granted, the sale, p•.session and use of fireworks for the public display is lawful for that purpose only. No such permit .,anted shall be transferable. 8 ORDINANCE NO. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall e tend to sellers, authorized representatives, and employees of such person. Section 11. Dates and times consumer fireworks may be sold or discharged. A. onsumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon it 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the -nty-ninth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m., on the fifth day o my and from 12:00 noon to 11:00 p.m. on each day from the twenty- seventh day of December until th; thirty-first day of December. B. A person may ignite o .ischarge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the t enty-eighth day of June, from 9:00 a.m. until l 1:00 p.m. on each day from the twenty-ninth day of June, 006 until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of Jul , 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 an. every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 1':00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and fr• 6:00 p.m. on the thirty- first day of December until 1:00 a.m. on the first day of January of the sub -quent year. C. No person without a permit shall discharge any consumer firewo s upon any city or publicly owned parks or school grounds. 9 %ow ORDINANCE NO. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retai , use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of ,i nsumer fireworks. No person shall s- 1 consumer fireworks to a consumer or user thereof than at a fixed place of business of a retailer for w 'ch a license and permit have been issued. Section 12. Sales locations. All sales of consumer firework hall be from temporary stands, which shall not be erected prior to the twenty-second day of June of a year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall b- emoved not later than the tenth day of July of the same year or which shall not be erected prior to the -nty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-s=venth day of December and which shall be removed not later than the tenth day of January of the subse o uent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all 'ose persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V .. WAC 212-17. 10 Nor ORDINANCE NO. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. ' •ction 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold • stored or allow a fire nuisance to exist on such premises. Section 15. •proved storage facilities required. It is unla ul for any person to store temporarily stocks of fireworks except in such places as approved by the fire c 'ef. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 no• on the twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location .pproved by the fire chief or shall be returned on or before the tenth day of July of the same year to a ma:.zine or permanent storage place approved by the fire chief or to a place approved by the chief of Wash' gton State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaim': after the authorized retail sale period from 12:00 noon on the twenty-seventh day of December unti the thirty-first day of December of the same year shall be stored in a location approved by the fire chief► shall be returned on or before the tenth day of January of the subsequent year to the approved permane storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place .•proved by the fire chief or to a place approved by the chief of the Washington State Patrol, through . e director of fire protection. Upon receiving a written application for temporary storage, the fire chie hall investigate whether the character and location of the temporary storage as proposed meets the re• irements of the zoning and building codes and WAC 212-17. Based upon investigation, the fire chief m.. grant or deny any application for temporary storage. 11 ORDINANCE NO. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ore"nance or Chapter 70.77RCW is prohibited. Sectio; 17. Sale of fireworks to persons under 16 years of age prohibited. It i unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age b means of display of a driver's license or a photo identification card issued by any state, a United St•tes military identification card, a valid passport issued by the United States or any government recogni -d by the United States, or any other valid identification with photo issued by any agency or departme t of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers i f display fireworks. No person shall sell or tran er any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of firewo s for out-of-state shipment. This ordinance does not prohibit any ma facturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State trol, through the director of fire protection, and a permit secured under the provisions of this ordinan e from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, se and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever n ture by any person engaged in the productions, theatricals or operas when such assembling, compou ing, use and 12 N'' ORDINANCE NO. `oe display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Non prohibited acts - Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor ehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in for-.t protection activities. Section 22. Revocation or suspension of permit. A. Au ority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this Irdinance, if the permittee or any of the permittee's representatives, agents or employees with the perm' tee's knowledge has: 1. Violat:. any of the provisions of this ordinance; or 2. Made any .1se statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or 'as had suspended or revoked any license required by the state of Washington to engage in any . t prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage equired by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chi- determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance,the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the - spension or revocation of the permit. The suspension or revocation shall become effective immediately ► son receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk o is or her 13 `'` ORDINANCE NO. designee within forty-eight hours of his or her intent of appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council. C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed a specified in subsection B of this section. Any permittee whose permit is suspended or revoked may : 'peal the decision of the fire chief to the City Council. The City Council shall consider the appeal a' . regular or special meeting whichever is necessary. This council meeting shall be held no later than fo -eight hours after the City Clerk or his or her designee receives the written notice of appeal. A permi ee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless dis i arge or use prohibited. It is unlawful for any p. son to discharge or to use fireworks in a reckless manner, which creates a substantial risk of death or erious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by perso under 16 years of age It is unlawful for any person under the age • 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to -•force provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fir- orks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions • this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer i -works. He or she 14 ORDINANCE NO. may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of e permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Se%tion 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of corn.-tent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imp .onment as follows: A. • misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of externa packaging. B. A gross •isdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external ..ckaging. C. A gross misdeme. or for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for v.•lation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violath of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day du ;rig which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions o Chapter 70.77 RCW. 15 ORDINANCE NO. 'stew Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, 'e remainder of the ordinance or the application of the provision to other persons or circumstanc;s is not affected. SECTI►N III. This ordinance shall be effective upon certification of the election results by King Co I ty Elections. 16 PNowCITY ,,dF RENTON • • Office of the City Attorney Kathy Keolkcr,Mayor Lawrence J.Warren Senior Assistant City Attorneys Mark Barber Zanctta L.Fontes Assistant City Attorneys Ann S.Nielsen Garman Newsom 11 Shawn E. Arthur MEMORANDUM CITY OF RENTON To: : Bonnie Walton, City Clerk JUL 0 5 2006 CITY RECEIVED FFICE From: Lawrence J. Warren, City Attorney L Date: July 5, 2006 Subject: Fireworks Initiative Enclosed please find a copy of City of Renton Initiative Measure Concerning Fireworks. G� Lawrence J. Warren LJW:tmj Enc. Post Office Boa 626-Renton, Washington 98057-(425)255-8678/FAX(425)255-5474 RENTON AHEAD OF THE CURVE C. This paper contains 50%recycled material,30%post consumer CITY OF RENTON INITIATIVE MEASURE CONCERNING FIREWORKS This measure would revoke the City of Renton's ban on the sale and discharge of all fireworks within the city, except for publicly sponsored displays and would allow for the sale and discharge of consumer fireworks on certain days within certain hours, to commemorate Independence Day and the New Year, and would set regulations for the sale and discharge of fireworks and penalties for violations. Should this measure be enacted into law? Yes No Now Noy From: Bonnie Walton To: Tracy Jarvis Date: 7/5/2006 10:18:48 AM Subject: RE: Fireworks Initiative Okay. I understand. Thanks for checking. Bonnie >>> "Tracy Jarvis" <tjarvis@seanet.com> 07/05/06 10:16 AM >>> Bonnie, I spoke to Larry about your suggested change and he said that would make it redundant. Apparently, the only way to bring an initiative is by the citizens. If you have any further questions, please feel free to contact Larry or myself. Tracy Original Message From: Bonnie Walton jmailto:Bwalton(a�ci.renton.wa.usl Sent: Wednesday, July 05, 2006 9:44 AM To: tiarvis(a,seanet.com Subject: Re: Fireworks Initiative Tracy, I have one suggestion - that the heading be changed to read: CITY OF RENTON CITIZEN'S INITIATIVE MEASURE CONCERNING FIREWORKS Inserting the word "citizen's"would make it clear that the City govenment is not the initiative proposer. Bonnie, x6502 >>> "Tracy Jarvis" <tiarvisQseanet.com> 07/05/06 9:28 AM >>> Bonnie, I am forwarding the final draft for submission to King County, per Larry Warren. Thanks, Tracy Jarvis Secretary to Larry Warren Bonnie Walton - FW: FW: CITY OF RENTON INITIATIVE PROPOSITION 1 Page 1 From: "McConnell, Sandy" <Sandy.McConnell©METROKC.GOV> To: <Bwalton©ci.renton.wa.us> Date: 6/30/2006 10:19:53 AM Subject: FW: FW: CITY OF RENTON INITIATIVE PROPOSITION 1 Bonnie, Yesterday I forwarded your email to our PA and she has reponded with the following response listed below. As your city may be aware it is the City Attorney's responsibitly to write the ballot title but Junine Joly of the PAO has looked this over for you and has made the following comments that you may want to go over with your Attorney. Hope you find this helpful. Sandy: RCW 29A.36.071 states that the ballot title shall be in substantially the form as provided in RCW 29A.72.050, except that the concise description must not exceed seventy-five words. My suggestion would be that the city look to those two statutes for the proper form of the title. RCW 29A.72.050(2) has an example of a ballot title for an initiative measure. In my opinion, the title proposed by the City does not seem to fit that form. Also, as the statute indicates, the initiative number should be referenced in the ballot title so that citizens can more easily look at the full text of the measure if they want more information. Janine Let me know if you need further assistance. Sandy McConnell King County Elections Election Operations Supervisor 206.296.1565 Original Message Original Message From: Bonnie Walton [mailto:Bwalton©ci.renton.wa.us] Sent: Thursday, June 29, 2006 11:10 AM To: Bruskland, Anne Cc: McConnell, Sandy Subject: Re: FW: CITY OF RENTON INITIATIVE PROPOSITION 1 Importance: High ** High Priority** Bonnie Walton - FW: FW: CITY OF RENTON INITIATIVE PROPOSITION 1 Page 2 Anne & Sandy: I have not yet received a response as to whether the form and format of the attached is correct. Before our City Attorney formally submits the ballot title, in final form, we would like to know from King County if the attached is in appropriate form and format. Could you, or the appropriate person in the know, please review this attachment and provide comment/critique asap? We would appreciate it. Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "Bruskland, Anne" <Anne.Bruskland@METROKC.GOV> 06/19/06 4:58 PM >>> Ms. Walton, I am forwarding your e-mail to Sandy McConnell in our Elections Operations section. I believe she can assist you as to the form and format of the attached initiative. Anne Bruskland Acting Assistant Superintendent of Voter Services 206-205-7362 Original Message From: Bonnie Walton [mailto:Bwalton@ci.renton.wa.us] Sent: Monday, June 19, 2006 4:53 PM To: Bruskland, Anne Subject: CITY OF RENTON INITIATIVE PROPOSITION 1 Ann: Attached is a preliminary ballot title for the Fireworks initiative ordinance we will have on the ballot in Sept. Before our City Attorney formally submits the ballot title, in final form, we would like to know from King County if the attached is in appropriate form and format. Could you, or the appropriate person in the know, please review this attachment and provide comment/critique? We would appreciate it. I will look for your email. Thank you. Bonnie Walton City Clerk City of Renton 425-430-6502 Bonnie Walton - Fwd: proposition Page 1 „gyp ,tee From: Bonnie Walton To: Larry Warren Date: 6/29/2006 3:32:30 PM Subject: Fwd: proposition After a second request to King County regarding the ballot title review, I received the attached message today. Hopefully this 3rd pass-off will actually result in a response to us next week. Sorry for the delay. I'm trying! Bonnie Walton City Clerk, x6502 Bonnie Walton -proposition Page 1 From: "McConnell, Sandy" <Sandy.McConnell©METROKC.GOV> To: <Bwalton©ci.renton.wa.us> Date: 6/29/2006 3:23:08 PM Subject: proposition Bonnie, I have forwarded the ballot title to our attorney and she will look at it and get back to me on Monday. I will contact you on Monday. Sandy McConnell King County Elections Election Operations Supervisor 206.296.1565 Bonnie Walton - Fwd: Re: FW: CITY OF RENTON INITIATIVE PROPOSITION 1 Page 1 %se Niue From: Bonnie Walton To: Sean Bouffiou Date: 6/29/2006 11:58:22 AM Subject: Fwd: Re: FW: CITY OF RENTON INITIATIVE PROPOSITION 1 Sean: I sent a second request on this, but got back a message from Anne that she is out of town for some time. Would you see if Sandy McConnell or someone else is there to follow up? Thanks. Bonnie Walton City Clerk City of Renton 425-430-6502 >>> Bonnie Walton 06/29/06 11:10 AM >>> Anne & Sandy: I have not yet received a response as to whether the form and format of the attached is correct. Before our City Attorney formally submits the ballot title, in final form, we would like to know from King County if the attached is in appropriate form and format. Could you, or the appropriate person in the know, please review this attachment and provide comment/critique asap? We would appreciate it. Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "Bruskland, Anne" <Anne.BrusklandMETROKC.GOV> 06/19/06 4:58 PM >>> Ms. Walton, I am forwarding your e-mail to Sandy McConnell in our Elections Operations section. I believe she can assist you as to the form and format of the attached initiative. Anne Bruskland Acting Assistant Superintendent of Voter Services 206-205-7362 Original Message From: Bonnie Walton Jmailto:Bwalton(c�ci.renton.wa.usl Sent: Monday, June 19, 2006 4:53 PM To: Bruskland, Anne Subject: CITY OF RENTON INITIATIVE PROPOSITION 1 Ann: Attached is a preliminary ballot title for the Fireworks initiative ordinance we will have on the ballot in Sept. Before our City Attorney formally submits the ballot title, in final form, we would like to know from King County if the attached is in appropriate form and format. Could you, or the appropriate person in the know, please review this attachment and provide comment/critique? We would appreciate it. I will look for your email. Thank you. Bonnie Walton City Clerk Bonnie Walton - Fwd: Re: FW: CITY OF RENTON INITIATIVE PROPOSITION 1 Page 2 IOW City of Renton 425-430-6502 w ..r CITY OF RENTON INITIATIVE PROPOSITION 1 This initiative proposes that the City of Renton's ban on the sale and discharge of all fireworks within the city, except for publicly sponsored displays, be revoked; and that an ordinance be adopted that would allow for the sale and discharge of consumer fireworks on certain days within certain hours, to commemorate Independence Day and the New Year, and that would set regulations for the sale and discharge of fireworks and penalties for violations. Should Initiative Proposition 1 be enacted? ! Yes ! No CITY OF RENTON INITIATIVE PROPOSITION 1 This initiative proposes that the City of Renton's ban on the sale and discharge of all fireworks within the city, except for publicly sponsored displays, be revoked; and that an ordinance be adopted that would allow for the sale and discharge of consumer fireworks on certain days within certain hours, to commemorate Independence Day and the New Year, and that would set regulations for the sale and discharge of fireworks and penalties for violations. Should Initiative Proposition I be enacted? ! Yes ! No Bonnie Walton - Re: FW: CITY OF RENTON INITIATIVE PROPOSITION 1 Page 1 From: Bonnie Walton To: Anne Bruskland Date: 6/29/2006 11:10:15 AM Subject: Re: FW: CITY OF RENTON INITIATIVE PROPOSITION 1 Anne & Sandy: I have not yet received a response as to whether the form and format of the attached is correct. Before our City Attorney formally submits the ballot title, in final form, we would like to know from King County if the attached is in appropriate form and format. Could you, or the appropriate person in the know, please review this attachment and provide comment/critique asap? We would appreciate it. Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "Bruskland, Anne" <Anne.Bruskland©METROKC.GOV> 06/19/06 4:58 PM >>> Ms. Walton, I am forwarding your e-mail to Sandy McConnell in our Elections Operations section. I believe she can assist you as to the form and format of the attached initiative. Anne Bruskland Acting Assistant Superintendent of Voter Services 206-205-7362 Original Message From: Bonnie Walton Jmailto:Bwalton a(�ci.renton.wa.us.l Sent: Monday, June 19, 2006 4:53 PM To: Bruskland, Anne Subject: CITY OF RENTON INITIATIVE PROPOSITION 1 Ann: Attached is a preliminary ballot title for the Fireworks initiative ordinance we will have on the ballot in Sept. Before our City Attorney formally submits the ballot title, in final form, we would like to know from King County if the attached is in appropriate form and format. Could you, or the appropriate person in the know, please review this attachment and provide comment/critique? We would appreciate it. I will look for your email. Thank you. Bonnie Walton City Clerk City of Renton 425-430-6502 CC: Sandy McConnell I Bonnie Walton - Re: Fwd: Fireworks agenda bill Page 1 From: Bonnie Walton To: Marty Wine Date: 6/21/2006 7:54:19 AM Subject: Re: Fwd: Fireworks agenda bill Yes, I have pulled it. Bonnie >>> Marty Wine 06/21/06 7:27 AM >>> Bonnie, Larry, Linda, Jay and I talked yesterday afternoon. Larry will brief the Council about the initiative ballot title via memo rather than an agenda bill, so could you please pull the fireworks item from the June 26 agenda? Thanks. Marty CC: ljwarren©seanet.com I Bonnie Walton - Fireworks Initiative Page 1 %of Imo From: Bonnie Walton To: Larry Warren Date: 6/20/2006 5:05:07 PM Subject: Fireworks Initiative You mentioned the ballot/initiative process this morning. You no doubt already know the following, but I'll share anyway: As I understand it, no resolution is needed by Council. The ballot title, consisting of the three elements you have included with the agenda bill, may not exceed 75 words. Once you, as City Attorney, have filed the ballot title with King County, it is King County's job to notify the initiative proponents of the exact language of the ballot title. If the proponents are dissatisfied with the language, then they can appeal it within 10 days to Superior Court, indicating their objections and asking for an amendment. After a hearing, the court's decision is final. After that, the only other obligation is mine. The Clerk must cause the ordinance as proposed to be published at least once in the daily newspapers in the city between 5-20 days before the election. Bonnie Walton City Clerk, x6502 Bonnie Walton - Fireworks agenda bill -another thought Page 1 %Ere Nolo From: Marty Wine To: ljwarren@seanet.com; Walton, Bonnie Date: 6/20/2006 11:25:19 AM Subject: Fireworks agenda bill - another thought Hi Bonnie and Larry, Larry,just left you a voice mail about a thought I had. What do you think about putting the fireworks ballot title issue on the July 10 agenda along with the presentation by Fire and Police about the (hopefully, lack of)4th of July incidents? Seems like we'd be grouping related issues so the Council could consider them together. Would there be any timing issues with King County elections if we waited to consolidate these on the same agenda? Thanks, Marty Ciiik OF RENTON COUNCIL AGENDAtit LL Al#: bmitting Data: For Agenda of: June 26, 2006 D:�t/Div/Board.. AJLS Sta Contact...... Lawrence J. Warren Agenda Status Consent X Subject: Public Hearing.. Ballot t. le for Fireworks Initiative Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Form of ballot title •r Fireworks Initiative Study Sessions Information Recommended Action: Approvals: For Council information Legal Dept X Finance Dept Other Fiscal Impact: None Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: RCW 29.A36.071 requires e City Attorney to adopt a concise statement of an initiative proposition to be submitted to the voters. Th. ballot title consists of three parts: (a) an identification of the city and a statement of the subject matter; b) a concise description of the measure; and (c) a question. STAFF RECOMMENDATION: Information only • Rentonnet/agnbill/ bh CITY OF RENTON INITIATIVE PROPOSITION 1 This initiative proposes that the City of Renton's ban on the sale and discharge of all fireworks within the city, except for publicly sponsored displays, be revoked; and that an ordinance be adopted that would allow for the sale and discharge of consumer fireworks on certain days within certain hours, to commemorate Independence Day and the New Year, and that would set regulations for the sale and discharge of fireworks and penalties for violations. Should Initiative Proposition 1 be enacted? ! Yes ! No � RENTON ♦ © ♦ City Clerk 1 O Kathy Keolker,Mayor Bonnie I.Walton June 14, 2006 Richard M. Stephens Groen Stephens & Klinge, LLP 11100 NE 8th St., Suite 750 Bellevue, WA 98004 Re: Ballot Title for Fireworks Initiative - City of Renton Dear Mr. Stephens: Enclosed is the proposed ballot title prepared by the City Attorney for the fireworks initiative election to be held September 19, 2006. Please review and provide comments on behalf of the initiative proponents at your earliest convenience. If you have any questions,please do not hesitate to contact me. Sincerely, 69wn,c-c 4 tat v Bonnie I. Walton City Clerk Enclosure cc: Larry Warren, City Attorney Jay Covington,CAO 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 RENTON n.M..�..e......a.,:....anoi...,......,a.........:_ oi.o.__a____..�� AHEAD OF THE CURVE Should the City of Renton's ban on the sale and discharge of all fireworks within the city, except for publicly sponsored displays, be revoked; and should an ordinance be adopted that would allow for the sale and discharge of consumer fireworks on certain days within certain hours to commemorate Independence Day and the New Year and that would set regulations for the sale and discharge of fireworks and penalties for violations? (cY o �• CITY OF RENTON + + City Clerk ej� • Kathy Keolker,Mayor Bonnie I.Walton April 11, 2006 Richard M. Stephens Groen Stephens &Klinge, LLP 11100 NE 8th St., Suite 750 Bellevue, WA 98004 Re: Initiative Petition - Fireworks Control Ordinance Dear Mr. Stephens: At the regular Council meeting of April 10, 2006, the Renton City Council authorized placement of the referenced ordinance on the September 19, 2006, election ballot for a vote of the people. As the next stage in this process, the City Attorney will prepare a concise ballot title and submit it to King County Elections. King County will then notify you of the exact language of the ballot title. For your information, the 2006 King County Elections Calendar can be found at their website: http://www.metrokc.gov/elections/calendar.htm. If I can provide further information, please feel free to contact me. Sincerely, &74444.1. 4 6datto-r-' Bonnie I. Walton City Clerk cc: Mayor Kathy Keolker Randy Corman,Council President Larry Warren,City Attorney Anne Bruskland,Acting Assistant Superintendent of Voter Services,King County Records& Elections, 500 Fourth Ave.,Rm 553,Seattle,WA 98104-2337 Jerry Farley, 16526 Shore Drive NE, Lake Forest Park,WA 98155-5631 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 RENTON �� AHEAD OF THE CURVE _,4 This paper contains 50%recycled material,30%post consumer � Y o� ADMINISTRATIVE, JUDICIAL, AND E, LEGAL SERVICES DEPARTMENT � NTo� Office of the City Clerk MEMORANDUM DATE: June 14, 2006 TO: Larry Rude, Interim Fire Chief FROM: fl' Bonnie Walton, City Clerk, x6502 SUBJECT: Proposed Ballot Title Attached is the proposed ballot title prepared by the City Attorney for the fireworks initiative election to be held September 19, 2006. Please review and provide comments at your earliest convenience. bw attachment cc: Larry Warren, City Attorney Jay Covington, CAO Orr nrr Should the City of Renton's ban on the sale and discharge of all fireworks within the city, except for publicly sponsored displays, be revoked;and should an ordinance be adopted that would allow for the sale and discharge of consumer fireworks on certain days within certain hours to commemorate Independence Day and the New Year and that would set regulations for the sale and discharge of fireworks and penalties for violations? Y o ,- CITYDF RENTON ♦ ♦ Office of the City Attorney �� O� Kathy Keolker,Mayor Lawrence J.Warren N� Senior Assistant City Attorneys Mark Barber Zanetta L.Fontes Assistant City Attorneys Ann S.Nielsen MEMORANDUM Garmon Newsom II Shawn E. Arthur To: Bonnie Walton, City Clerk CITY OF RENTON From: Lawrence J. Warren, City Attorney JUN 0 8 2006 Date: June 8, 2006 RECEIVED CITY CLERK'S OFFICE Subject: Fireworks Enclosed please find the ballot title for the fireworks initiative. Please pass it along to the Fire Chief and Initiative proponents for review and comment. G� 1 Lawrence J. Warren LJW:tmj T10.45:29 cc: Jay Covington Post Office Box 626-Renton,Washington 98057-(425)255-8678/FAX(425)255-5474 RENTON COAHEAD OF THE CURVE This paper contains 50%recycled material,30%post consumer Nor Should the City of Renton's ban on the sale and discharge of all fireworks within the city, except for publicly sponsored displays, be revoked; and should an ordinance be adopted that would allow for the sale and discharge of consumer fireworks on certain days within certain hours to commemorate Independence Day and the New Year and that would set regulations for the sale and discharge of fireworks and penalties for violations? April i,2006 _.r Renton City Council Minutes Nor'Renton 95 I Citizen Comment: Lansciardi- Anthony James Lansciardi, 1524 Jefferson Ave. NE,Renton,98056, stated that Highlands Sub-Area Plan his landlord owns two properties in the Highlands redevelopment area. He pointed out that the subject housing proposed to be replaced represents a historic period of time. Mr.Lansciardi noted that the houses are well built, and have endured over time. Citizen Comment: Lewis - Bonnie Lewis, 1520 Harrington Ave. NE,Renton, 98056, stated that she is not Highlands Sub-Area Plan a slum landlord, and she depends on the rent she receives from her duplex as part of her income. She reported that she lives across the street from McKnight Middle School, which is the source of the trash that ends up in her yard. Ms. Lewis indicated that she tries to make a major improvement to her property each year. She expressed her displeasure that her house is threatened due to the Highlands redevelopment effort. Citizen Comment: Boyd- Donovan Boyd, 2901 NE 8th Pl., Renton, 98056, expressed concern regarding Highlands Sub-Area Plan the Highlands redevelopment, saying that during the initial discussions with developers, he had heard that developers were not interested unless there was an assemblage of properties. Mr. Boyd stressed that he does not want to move, as he is happy with his home and it is affordable. He requested that citizens, especially the affected property owners, be provided regular updates about the plan to prevent miscommunication. In response to Mr. Boyd's comment that some property owners reported they did not receive notice of the open house last November,Mayor Keolker stated that all affected property owners that were on record with King County at the time of the meeting were notified. Economic Development Administrator Pietsch clarified that as a regular course of action,the City mails notices about land use actions to all affected property owners, and property owners within 300 feet of the affected boundaries. Discussion ensued regarding communications with citizens and the literature handed out at the Council meeting by audience member Inez Petersen. Council President Corman reviewed the Option A and Option B referred to in Ms. Petersen's literature, saying that Option A is unrecognizable. He stated for the record that he is in agreement with this Option B, and noted that it does not seem to align at all with the Option A and B that was discussed at the Council workshop. ADDED ITEM Assistant City Attorney Zanetta Fontes reported receipt of an initiative petition Public Safety: Citizen and proposed ordinance entitled "Fireworks Control Ordinance." The proposed Initiativ ,Fireworks ordinance repeals Ordinance 5088, and enacts provisions regarding the Ordinance possession, sale, and discharge of fireworks in Renton. She explained that if an ordinance initiated by the initiative process is enacted by Council,or voted upon by the people, it cannot be changed in any way by Council short of another special or general election. Ms. Fontes reviewed the proposed ordinance,noting typographical errors, inconsistencies,contradictions,and enforcement problems. Continuing,Ms. Fontes stated that the City's options are to 1)Adopt the ordinance as is; or 2)Put it on the ballot. Council has 20 days from tonight to make a decision. Chief Administrative Officer Jay Covington pointed out that the proposed ordinance reverses the City's current ordinance, which prohibits the discharge of fireworks in Renton except as part of a special event. The proposed ordinance allows for a longer firework season and more types of firework devices than the City allowed before the ban. April 3,2006 '/itue Renton City Council Minutes Page 96 In response to inquiries,Ms. Fontes explained that the City of SeaTac has taken the position that the proposed ordinance title is insufficient, and is currently involved in litigation. She noted that if the City does not choose either option, involvement in litigation may result. Ms. Fontes stated that the City can offer alternative pieces of legislation on the ballot, thereby allowing the voters a choice. She assured that the title of the proposed ordinance does not become the ballot title, advising that the City Attorney's office is responsible for writing the ballot title. EXECUTIVE SESSION MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL RECESS AND ADJOURNMENT INTO EXECUTIVE SESSION FOR APPROXIMATELY 20 MINUTES TO DISCUSS LITIGATION WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time: 8:54 p.m. Executive session was conducted. There was no action taken. The executive session and the Council meeting adjourned at 9:25 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann April 3, 2006 /Wed_ Avark orv// 1-rt)..0 3/z00 6 CIN of RENTON • MAR 2 C 2} U5 RECEivED ci Y OLEFic'a OFFICE King County Records, Elections and Licensing Services Division CERTIFICATE OF SUFFICIENCY THIS IS TO CERTIFY that the petition pages originally submitted in November 2005, together with the additional petition pages submitted in Now February 2006, to the King County Records, Elections and Licensing Services Division, supporting the Fireworks Control Ordinance have been examined and the signatures thereon carefully compared with the registration records of the King County Records, Elections and Licensing Services Division; and as a result of such examination, we find the petition to be sufficient under the provisions of the Revised Code of Washington 35A.01.040. Dated this 14th day of March 2006. Dean C. Logan, Director CITE OF RENTON w ..l . NOV 01 2005 • WARNING RECEIVED ' CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER ''111° TRUE NAME,OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR HES NOT A LEGAL VOTER,OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN,OR WHO MAKES HEREIN ANY FALSE STATEMENT,SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON: We,the undersigned registered voters of the City of Renton,State of Washington,propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance,a full,true and correct copy of which is included herein.The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase,possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July,in honor of the anniversary of the birth of our country,and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance;and,if not enacted within forty- five(45)days from the time of receipt thereof by the City Council,then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code;and each of us for himself or herself says:I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON,STATE OF WASHINGTON,AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address Date 2. \ il �.- 611_ _ �j\ . i 7. 1 - - 310 )1 A •, _ , � - 7 OS- 8. • � - - 1 10 vos \ S v►i 2 S �iu� Pc.�r.� 4•)-Va.t. D 7 r12. ei\ 1. 13. fhu r ^n. q f' - i l'.` (A . . _ 9�m, 1 J ..�.,, `' W IN 7, S 16. /c G•� u- / A 4C. . 4. ti._ s / '�tE 1 • J, ... 17. 18. r '11 SIT 4 v - t.31 .► f 1/9 19. ../ C/i 4` .7 rid 20. Section t:Rentor FIREWORKS CONTROL Or 'NANCE Section 2: The dr!ng is herebybenac ener 5088 acted be codified as nd every sectiona part off the the MunicipalRentonenton Munidi rcode: enacted thereby are completely repealed. Sections: FIREWORKS 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation,report on permit application. 5 Fire chief may grant or deny permit 6 License required prior to issuance permit. rmittions. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers,representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes,forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate,continuing offense. 28 Construction 28 Severability. Section 1.Definitions. Unless the context in which they are used otherwise requires,the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks"means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation,and which meets the definition of agricultural and wildlife fireworks,articles pyrotechnic,special effects,consumer fireworks or display fireworks. B. 'Display fireworks"means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration,or detonation and includes,but is not limited to,salutes containing more than two grains(130 milligrams)of explosive materials,aerial shells containing more than 40 grams of pyrotechnic compositions,and other display pieces which exceed the limits of explosive materials for classification as"consumer fireworks"and are classified as fireworks UN0333,UN0334,or UN0335 by the United States Department of Transportation at 49 C.F.R.Section 172.101 as of the effective date of this ordinance,and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks"means any small firework device designed to produce visible effects by combustion and which must comply with the construction,chemical composition,and labeling regulations of the United States Consumer Product Safety Commission,as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects,such as whistling devices,ground devices containing 50 milligrams or less of explosive materials,and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance,and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks"includes fireworks devices distributed to farmers, ranchers,and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E."Articles pyrotechnic"means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R.Section 172.101 as of the effective date of this ordinance. F."Flame effects"means the detonation,deflagration,or ignition of flammable gases,liquids,or special materials to produce a thermal,physical,visual,or audible effect before the public,invitees,or licensees, regardless of whether or not there an admission fee is charged. G."Special effects"means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere,and designed and intended to produce an audible,visual,mechanical,or thermal effect as an integral part of a motion picture,radio,television,theatrical,or opera production,or live entertainment. H."Public display of fireworks"means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic,special effects or display fireworks. I."Fire nuisance"means any thing or any act which increases,or may cause an increase of,the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing,sup extinguishing fire;or which may obstruct,delay,or hinder,or may become the cause of any obstruction, elayporr the , or hindrance,to the prevention of or extinguishment of fire. J."License"means a nontransferable formal authorization which the chief of the Washington State Patrol,through the director of fire protection,is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K."Licensee"means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L."Permit"means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. • M:,"Permittee"means any person issued a fireworks permit in conform: ,with Chapter 70.77 RCW. N."Person"ins ls any individual,firm,partnership, joint business trust,,�.eiver,syndicate,or any other groupor combination actctg'onas a unit concern,corporation,estate,trust, Q."Manufacturer"includes any person who manufactures,makes,constructs,fabricates,or produces any fireworks ar,icle or device but does not include persons who assemble or fabricate sets or mechanical fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P."Wholesaler"includes anypieces in public displays of sells articles person who sells fireworks to a retailer or any other person for resale and any pyrotechnic,special effects or display fireworks to public display permittees. person who - Q."Retailer"includes any person who,at a fixed location or place of business,offers for sale,sells,or exchanges for consideration consumer fireworks to a consumer or user. R."Pyrotechnic operator"includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic,special effects or display fireworks. S."Fire chief"means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T."Permanent storage"means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U.'Temporary storage"means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W."Retail fireworks stand"means a tent or other temporary structure made of wood,metal or other material,which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture,import,possess or sell any fireworks,including agricultural and wildlife fireworks,at wholesale or retail fat or anyuse;provided,however,no permit is required for the possession or use of consumer fireworks lawfully foretail; B. Discharge display fireworks at any place; purchased C. Make a public display of fireworks;or D. Transport fireworks,except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3.Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership,it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation,it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include,at a minimum,the following information: 1. The true name,address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol,through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought,and,for retail sales,a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines,distances from structures,distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$100.00. This fee shall cover all needed permits,licenses and authorizations from application to and through processing,issuance and inspections and all other costs,if any,of any kind,including business license fees.The applicant shall post a$500.00 cash bond,conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June,or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December.Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and$2,000,000 for bodily injury liability for each person and event,respectively,and not less than$500,000 for property damage liability for each event.Such general liability policy shall name the city as an additional named insured,must be in full force and effect for the duration of the permit,and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display.All applications shall be accompanied by a nonrefundable permit fee of$500.00.The applicant shall post a $500.00 cash bond,conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4.Investigation,report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit,together with his reasons therefor.In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation,make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any consistent with the requirements of RCW 70.77. p p Y 9 Section 5.Fire chief may grant or deny person, s. The fire chief shall have the power to grant pp)cation for permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6.License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol,through the director of fire protection,pursuant to Chapter 70.77 RCW,to do the particular act or acts for which the permit is sought. Section 7.Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted,the sale,possession and use of fireworks for the public display is lawful for that purpose only.No such permit granted shall be transferable. Section 8.Si' vision of public displays. Every public ay of fireworks shall be handled or supervised by a pyo technic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. • Section 9.Permit authorizes activities of sellers,representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, 1 kid authorized representatives,and employees of such person. Section 10.Dates and times consumer fireworks may be sold or discharged. dA. Consumer fireworks may be sold,offered for sale,or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June,from 9:00 a.m.until 11:00 p.m.on each day from the twenty-nineth day of June until the `t fourth day of July,and from 9:00 a.m.until 9:00 p.m.on the fifth day of July and from 12:00 noon to 11:00 p.m.on each Jj day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m.on icthe twenty-eighth day of June,2006,from 9:00 a.m.until 11:00 p.m.on each day from the twenty-nineth day of June, 2006,until the third day of July,2006,from 12:00 noon until 12:00 midnight on the fourth day of July,2006,from 12:00 noon until 11:00 p.m.on the fifth day of July,2006,and from 6:00 p.m.on the thirty-first day of December,2006, until 1:00 a.m.on the first day of January,2007,and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July,from 12:00 noon until 12:00 midnight on the fourth day of July,from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m.on the thirty-first day of December until 1:00 a.m.on the first day of January of the subsequent year. . No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2)and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311;and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided,it is unlawful for any person to possess,store,offer for sale,sell at retail, use,explode,fire, ignite,or discharge any fireworks in the city. Section 11.Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12.Sales locations. All sales of consumer fireworks shall be from temporary stands,which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13.Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14.Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15.Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m.on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m.on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler,to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Upon receiving a written application for temporary storage,the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17.Based upon the investigation,the fire chief may grant or deny any application for temporary storage. Section 16.Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17.Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years.Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state,a United States military identification card,a valid passport issued by the United States or any government recognized by the United States,or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18.Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19.Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer,wholesaler,dealer,or jobber having a license issued by the chief of the Washington State Patrol,through the director of fire protection,and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20.Special effects for entertainment media. .0, This ordinance does not prohibit the assembling,compounding,use and display of articles pyrotechnic,flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions,theatricals or operas when such assembling,compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21.Nc-irohibited acts-Signal purposes,forest protectic • This ordinance s not prohibit the use of flares or fuses in connectior.. h the operation of motor vehicles, railroads,or other modes o`!a'nsportation for signal purposes or illumination or for use in forest protection activities. Section 22.Revocation or suspension of permit. A. Authority.The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance,;` the permittee or any of the permittee's representatives,agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance;or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit;or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license;or 4. Has had any insurance coverage required by this ordinance cancelled,revoked or lapsed. B. Effective Date of Revocation.When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance,the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal.The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section.Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23.Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24.Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25.Enforcement. The police chief,or his or her designee,is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief,or his or her designee,is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26.Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed,be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound,exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more,exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27.Violation a separate,continuing offense. A person commits a separate offense for each day during which he or she commits,continues,or permits a violation. Section 28.Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29.Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid,the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. ' NOV NMI ` RENTON CITY COUNCIL Regular Meeting April 10,2006 Council Chambers Monday, 7:00 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF RANDY CORMAN, Council President; DON PERSSON; MARCIE PALMER; COUNCILMEMBERS TERRI BRIERE; DENIS LAW; DAN CLAWSON. MOVED BY LAW, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILWOMAN TONI NELSON. CARRIED. CITY STAFF IN KATHY KEOLKER, Mayor; LAWRENCE J. WARREN, City Attorney; ATTENDANCE BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; LYS HORNSBY,Utility Systems Director; TERRY HIGASHIYAMA, Community Services Administrator;LESLIE BETLACH, Parks Director; ALEX PIETSCH, Economic Development Administrator; LINDA HERZOG, Interim Assistant to the CAO; INTERIM CHIEF LARRY RUDE, DEPUTY CHIEF CHUCK DUFFY and FIRE MARSHAL/BATTALION CHIEF STAN ENGLER; INTERIM CHIEF KEVIN MILOSEVICH and COMMANDER FLOYD ELDRIDGE,Police Department. ADMINISTRATIVE Linda Herzog, Interim Assistant to the CAO,reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2006 and beyond. Items noted included: * Everyone is invited to tune into KING 5 TV on April 20th at 7:00 p.m. as Evening Magazine reveals why Renton's Liberty Park Skate Park is Western Washington's official favorite according to Evening Magazine's "Best of Western Washington" contest. * The Henry Moses Aquatic Center opens to the public on June 17th. AUDIENCE COMMENT Robert Key, 1008 Anacortes Ave. NE,Renton, 98059, spoke on the topic of the Citizen Comment: Key - citizen fireworks initiative. He stated that he does not support fireworks in Citizen Initiative, Fireworks Renton, as the use of fireworks causes injuries, property loss, trauma to pets Ordinance and people, and expense to the City. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL SUSPEND THE RULES AND ADVANCE TO ITEM 5.c. ON THE CONSENT AGENDA. CARRIED. Consent Agenda Administrative,Judicial and Legal Services Department submitted King County Item 5.c. certified initiative petition with proposed ordinance filed by Jerry Farley. The Public Safety: Citizen proposed ordinance repeals Renton Ordinance 5088, and enacts provisions Initiative,Fireworks regarding the possession, sale, and discharge of fireworks in Renton. Approval Ordinance was sought to request that King County place the proposed fireworks ordinance on the 9/19/2006 election ballot. City Attorney Larry Warren stated that in regards to this matter, Council only has the following two options: 1) adopt the petition ordinance as is; or 2) submit the petition ordinance for the next possible election ballot, which is on 9/19/2006. • April 10,2006w Renton City Council Minutes Nue Page 102 Councilmembers noted that the proposed ordinance: allows fireworks not only on July 4th, but around the New Year as well; expands the hours of fireworks discharge from 15 (prior to the fireworks ban in Renton) to 125 annually; makes it more difficult for law enforcement to prosecute the misuse of fireworks; and is not well written. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL CONCUR IN PLACING THE PROPOSED FIREWORKS ORDINANCE ON THE ELECTION BALLOT. CARRIED. Mayor Keolker stated for the record that neither she nor any Councilmember is happy about this. Councilwoman Briere noted that the City cannot campaign against the proposed ordinance. Mayor Keolker added that Council can choose to take a position on the matter. Councilman Clawson pointed out that placing this issue on the election ballot will cost the City an estimated$85,000. Citizen Comment: Petersen- Inez Petersen, 3306 Lake Washington Blvd. N.,#3,Renton, 98056,questioned Highlands Sub-Area Plan the potential expenditure of$5 million for a trail, as discussed in Committee of the Whole, when there are streets that need paving. Additionally, she commented that she has not received the financial information that she requested regarding the Highlands Sub-Area Plan Options A and B. Ms. Petersen questioned the accuracy of the City's Highlands area crime statistics, and expressed her disappointment with the Environmental Review Committee's determination on April 4th regarding the area's zoning. She noted that citizens have until April 24th to appeal this decision. Citizen Comment: Dieffenbach Lawrence Dieffenbach, 18026 Midvale Ave. N., Shoreline, 98133, stated that -Persecution of Falun Gong he was speaking on behalf of Falun Gong practitioners in Washington State, Practitioners requesting that Council send a message to President Bush and Governor Gregoire asking that they speak with the People's Republic of China President Hu Jintao during his upcoming visit about Falun Gong persecution in China. Mr. Dieffenbach expressed concern regarding the violation of human rights, stressing that there must be accountability in China. Citizen Comment: Tsang- Tony Tsang, 5301 164th Ave. SE, Bellevue, 98006, expressed concern about Persecution of Falun Gong the persecution of Falun Gong practitioners in China, which has also extended Practitioners overseas to countries where Falun Gong is active. He urged Council to write a letter to President Bush and Governor Gregoire requesting that they talk to Chinese leader Hu Jintao about Falun Gong persecution during his upcoming visit to Seattle. Citizen Comment: Madson - Lori Madson, 1301 SW 16th St., Renton, 98055, stated that many people Citizen Initiative, Fireworks worked hard to get fireworks banned in the City of Renton, and she expressed Ordinance disappointment with the proposed citizen petition ordinance that would repeal Renton's fireworks ban ordinance. Ms. Madson commented that the effort to repeal the ban is fueled by money, as the person spearheading this effort is a lobbyist for the fireworks industry. She noted that the estimated$85,000 necessary to place the proposed ordinance on the election ballot could have been spent hiring a professional fundraiser to work with groups that profit from the selling of fireworks to find alternative ways of raising money. Ms. Madson questioned who is going to lobby for those who support the fireworks ban, and asked what she can do to help. Mayor Keolker stated that the Administration and Council are also very frustrated over this matter. City Attorney Warren explained that Councilmembers and City staff are prohibited by State law from using any City , April 10,2006 Sr, Renton City Council Minutes vrr Page 103 facilities to campaign for or against any ballot initiative; however, the City can provide strictly factual information such as property damage statistics. He indicated that elected officials and City staff can campaign on their own time. Councilmembers made suggestions as to what type of organizations Ms. Madson can contact, and what she can do to help support the fireworks ban. It was also suggested that at a future meeting, Council invite speakers to speak for and against this initiative. Citizen Comment: Temple- Eric Temple,President of the Spirit of Washington, 625 S.4th St.,Renton, Pavilion Building/Downtown 98055, spoke on the topic of public safety, saying that an assault occurred over Transit Center Safety the weekend at the Pavilion Building, which is used as an event center. He Concerns commented that public safety in the downtown area has been an ongoing issue, and he asked that the City take stronger action. Citizen Comment: Quincy- Don Quincy, Spirit of Washington Food and Beverage Director, 625 S. 4th St., Pavilion Building/Downtown Renton, 98055,reported that he and a client were assaulted on April 8th at the Transit Center Safety Pavilion Building by 15 kids walking through the parking lot. He asked for Concerns more police presence in the area, noting that he personally patrols the area to try to ensure that his clients and employees are safe. He described the unruly behavior, which occurs on a daily basis at the Renton Transit Center, as well as past incidents, including verbal abuse, fights, and thefts that have affected Pavilion Building events and clients. Expressing his concern for the safety of his employees and clients,Mr. Quincy asked for more help. Interim Police Chief Kevin Milosevich reported that police responded to the assault on April 8th in approximately 80 seconds. The parties involved were identified; however,Mr. Quincy chose not to press charges. The client who was also assaulted was unable to identify the perpetrator. Interim Chief Milosevich stated that a tremendous amount of staff time has been spent on the subject of transit center safety. He encouraged people who witness unruly behavior to call 911, and to also be willing to prosecute in cases such as this. In response to Councilman Law's inquiry, Interim Chief Milosevich reviewed when and how officers patrol the area. He acknowledged the Mayor's efforts in working with King County Metro on this issue, and noted the importance of drawing people to the downtown area. Mr. Law suggested that the police coordinate with the event center, and he asked about the enforcement of inappropriate behavior. City Attorney Warren stated that enforcement can be difficult as there is a fine line between free speech rights and violating the law. He noted that a number of statutes, such as loitering, have been found to be unconstitutional. Mr. Warren indicated that he will continue to work with the Police Department to see if there are additional ways to expand the City's authority. Councilman Law stated than an environment needs to be created whereby unruly activities are not welcome, and he suggested the possibility of allocating overtime for a stronger police presence. Councilman Clawson indicated that when a large group of people is involved, the promoters of events often hire police or security guards. He commented that Spirit of Washington is leasing the building from the City at a reasonable rate. Noting that more police officers are needed all over the City, Mr. Clawson suggested that perhaps Spirit of Washington can also contribute by hiring security for the events. Pul/Pd lot separede, dohsidevajioh; CI``' OF RENTON COUNCIL AGENDA DILL advpkd as.PrPy,kd AI#. Cw Submitting Data: For Agenda of: April 10, 2006 Dept/Div/Board.. AJLS /Mayor's Office Staff Contact Linda Herzog, x 6526 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Initiative Petition to Allow Fireworks in Renton Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Exhibit A: Initiative Petition, Proposed Ordinance, and Information County's Certificate of Sufficiency Exhibit B: Fire Department Comparison of Past, Present and Future Fireworks Codes and results Exhibit C: Chronology of Initiative Petition Process Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept X Other Fiscal Impact: Expenditure Required... $83,600 Transfer/Amendment $83,600 Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The City has received, and King County has deemed sufficient, an initiative petition proposing adoption of an ordinance that would end the ban on fireworks in Renton. The ordinance would allow the sale of fireworks for 13 days, and the discharge of fireworks for 125 hours each year, over the New Years and Independence Day holidays. The initiative process allows two options for City action: adopt the proposed ordinance as is and modify the City Code accordingly; or place the initiative proposal on the ballot for popular vote. The Council must make its decision within 20 days of receipt of the initiative petition. The proposed ordinance is contrary to the City's understanding of the will of Renton residents, and contains a number of errors and inconsistencies (see page 2 of the attached issue paper). Adopting it as written would reverse current City policy and place flawed language into the City Code. STAFF RECOMMENDATION: Request that King County place the fireworks ordinance proposed by initiative petition on the September 19, 2006 election ballot. Assure that voters fully understand the intention of the ordinance. Rentonnebagnbill/ bh w ve ADMINISTRATIVE, JUDICIAL, AND ♦ $' 1, LEGAL SERVICES DEPARTMENT ,NrO MEMORANDUM DATE: April 10, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Jay Covington, Chief Administrative Officer STAFF CONTACT: Linda Herzog, Assistant to the Chief Administrative Officer SUBJECT: Initiative Petition to Permit Fireworks in Renton ISSUE: Should the City enact into law an ordinance allowing fireworks within City limits, as petitioned via the citizen initiative process (see Exhibit A), or should it place the question for vote of the people at the September 19, 2006 election? RECOMMENDATION: Request the King County Elections Division to place the proposed fireworks ordinance presented by initiative petition, on the September 19, 2006 ballot. Assure that voters fully understand the intention of the ordinance, so that they may accurately and confidently vote their preference. BACKGROUND: Up until 2004, the Renton City Code allowed sale, purchase, possession and discharge of fireworks within the City, with the following limitations: • Permit and bond required to sell fireworks • Sale allowed between June 28 and July 4 • Discharge allowed only on July 4 On June 28, 2005 the City Council adopted an ordinance repealing that permissive fireworks ordinance and replacing it with a ban on the sale, possession and discharge of fireworks except for City-authorized public display. This new law took effect on May 21, 2005. In 2005, the July 4 celebration at Gene Coulon Park was the only sanctioned display of fireworks in the City. Fire and Police Department personnel expended a great deal of effort and attention to educate citizens in the weeks leading up to July 4, and to maintain compliance with the new law throughout the holiday. As summarized in Exhibit B, nearly as many citizen calls were received by the Fire Department as in past years, demonstrating continued high concern among residents. However, fireworks-related is\mayor's office\issue paper for fireworks agenda bill.doc Addressee Name Page 2 of 3 Date of Memo incidents were cut by 80 to 90%, and property loss and injuries were reduced to zero. Virtually all anecdotal comments by citizens supported the new fireworks ban. In November 2005 an initiative petition was filed with the City proposing that Renton's fireworks ban be ended. The proposed new ordinance allows for: • Repeal of City ordinance # 5088 • City issuance of permits (for a fee of$100 or $500*) for sale of fireworks within City limits • Retail sale of fireworks from June 28 through July 5 and also from December 27 through December 31 • Discharge (use) of fireworks on June 28 through July 5, 2006 and again on December 21 through early morning of New Years Day, 2007. (For Independence Day and New Years celebrations in 2007 and beyond, the hours of allowable discharge are different.) In accordance with State law, the City submitted the initiative petition to King County for determination of sufficiency. The County deemed the petition to have an insufficient number of valid signatures, whereupon the petitioning parties were notified and subsequently submitted additional signature pages. The County then determined the initiative petition to be sufficient. (See Exhibit C for full chronology of this initiative petition filing.) The City now must decide whether to (a)pass the proposed ordinance into law without alteration, or(b) submit the measure to a vote of the people. The proposed fireworks ordinance presented by this initiative petition is deemed by City Administration to be unacceptable for the following reasons: ➢ Most importantly, it seeks to repeal the ban on fireworks that City elected officials believe to be the will of the citizens they represent. ➢ The proposed ordinance may be problematic in that section 3.B calls for a $100 fee to accompany "all applications for permits" and section 4.D requires a$500 fee for "applications for permits for a public display." ➢ Section 10.B is confusing in its description of the dates and times when consumer fireworks displays are allowed in 2006 vs. 2007. ➢ The proposed ordinance will be hard to enforce and prosecute, given that"reckless" behavior(see sections 23 and 26. C.) is a very difficult standard of proof. ➢ The proposed insurance/liability coverage of$500,000 per person and $2,000,000 per event is inconsistent with City norms. `Sections of the proposed ordinance are inconsistent regarding the fee amount. is\mayor's office\issue paper for fireworks agenda bill.doc . Addressee Name 140/ 'IP? Page 3 of 3 Date of Memo ➢ Permit fee and cash bond amounts required by the proposed ordinance are considered too low to generate responsible management of fireworks sales and compliance with post-sales clean-up requirements. ➢ Numerous typographical and format errors introduce ambiguity and enforcement issues. The Administration recommends that this ordinance not be adopted by the Council to become law in Renton. Regarding the alternative action allowable under the initiative process—placement of a measure before Renton votes on the next regularly scheduled election ballot—this action is also unpalatable for the same reasons stated above. This course of action is especially distasteful in that rules governing the initiative process prohibit alteration of an ordinance introduced via citizen initiative, absent a vote of the people. Nonetheless, the Administration recommends the Council take this action now, in order to timely fulfill the requirements of the initiative process. The Administration further recommends that the Council take up this issue once again within the coming 60 to 90 days, to consider additional actions it may take to gauge and reflect the will of the citizens regarding fireworks in the City. is\mayor's office\issue paper for fireworks agenda bill.doc „e CITY OF RENTON EXHIBIT A NOV 0 1 2005 WARNING RECEIVED EVERY PERSON WHO SIGNS THIS PETITION CITY CLERK'S OFFICE TRUE NAME, OR WHO KNOWINGLY SIGNS OREHHAN ONE ANY OF THESE HIS PETITIONS,OR HER OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT ALEGA VOTER, OR SIGNS A PETITION WHENA LEGAL TO SIGN, OR WHO MAKES HEREIN ANY FALSEASTATEMENT, SHIS , NOT QUALIFIEDG A MISDEMEANOR. ALL BE GUILTY OF INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE RENTON, WASHINGTON: CITY OF We, the undersigned registered voters of the City of Renton, State of Washington, the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control g Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the Cit of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions Y authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversar of t of our country, and to celebrate New Year's Eve. Y he birth We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified i electors of the City of Renton for approval or rejection at the next regular or special election in fied accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name j ^ Address . Date 11LCI WOK ,� lam' 4., V> it . / /,iligaMr1WAYMEMOZTir --” -1 J ; �/ J,ty ANN• ,, f 7. ytp vl .r '.. 1 S —'''J r J �4 . A1�. 10712 , + cam ' —4,----1.--t._./ i`� �/ „ig �� - ����s. . 11. .f , , 12. ,�,. ~ Yrs ��1, : ` 3 ---) , I ' (21- ‘ ear\car)L11- 1 4. -41111 NI le I I 1 • _ , 4 (e_. )• 1. % ` r c,151,(,c, illeffir q c * ' , ;iiii -r-c, ,t / A t -- ..,L / - d rs G 7 •.r.._ •117. • f. . 14. ill t �, f °� -- 19. v,r 3 M 20. Section 1:Renton Ordinance Number 5088 ancrirveFIREWORKry section of RCnton ONTRnOLaORDI eANted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Munl Codeicipal Code: Sections: FIREWORKS 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit 6 License required prior to issuance pof rmittions. 7 Public display permit—Granted for exclusive purpose— Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited, 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts — Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion of the deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces of p which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. g E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obst uctig, suppressing, or on, delay or the hindrance, to the prevention of or extinguishment of fire, J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permirzee" means any person isst , a fireworks permit in conformance with L ., ter 70.77 N. "Person" includes any individual, f, _, , potherargroupt , joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any O "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, orproduces or device but does not include persons who assemble or fabricate sets or mechanical pieces in public fireworks or persons who assemble consumer fireworks items or sets of packages containing any fireworks article P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resalep lin displays of sells articles pyrotechnic, special effects or display fireworks topublic display g onsumer fireworks items. Q. "Retailer" includes any and any person who personrk who, at a fiaxed for usen or place of business, offers for sale, sells, or exchanges for consiQ. eeraon consumer ire sto a consumer or location R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated therequired ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shallbeskill and official for purposes of Chapter 70.77 RCW. fir T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks the local timee other than the periods allowed under this code and which shall be in compliance with the requirements of at RCW. Chapter 777 U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 ROW 70.77 W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. CW Section 2. Acts prohibited without a permit. meets No person shall do any of the following acts in the City of Renton without having first obtained and having in full effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholes force and for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully at retail; ale or retail B. Discharge display fireworks at any place; purchased C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. p A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If theapplication is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail theoperation on person in charge and 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of $ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of $500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit i4; issued and the filing g period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit— Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public d' 'ays. Every public display of fireworks shalr-ce handled or supervised bya p pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged, to sellers, A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until .m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth dayof fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00p.m.11:00 ph day from the twenty-seventh day of December until the thirty-first day of December. June until the B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11 on each the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, fromo p m on noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006,June, a.m. on the first day of January, 2007, and at any time in 2007 and every 12:00 on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m.. 1:00 on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December hereafter from 12:00 noon until 11:00 p.m. the subsequent year. until 1:00 a.m. on the first day of January of C. No person without a permit shall discharge any consumer fireworks upon any city or publicly ownedarks or grounds. D. The limitations set out in subsections A and B of this section shall nota I in the following cases: p school 1. Public displays as authorized bya state license pursuant to RCW 70.77 2 0(2) and a city ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and permit pursuant to this 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. P fire, No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approvedg fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire p ottection.by the Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means display of a driver's license or a photo identification card issued by any state, a United States military identification of card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts— Si This ordinance does not prohibit the , gal purposes, forest protection. _„. of flposes or fusesm ins connectionion or for with operation of motor vehicles, railroads or other modes of transportation for signal purposes or illumination or for use in forest Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke anyprotection activities. ' the permittee or any of the permittee's representatives, agents or employees with t permit issued under the provisions of this ordinance, if 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining 1e th permit;is knowledge has: 3. Failed to obtain or has had suspended or revoked any license required by the state of act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or hy or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed.Washington to engage in any B. Effective Date of Revocation. When the fire chief determines that there is cause for rev issued pursuant to this ordinance, the fire chief shall notify the person holding such ermit, grounds for the suspension or revocation of'the permit. The suspension or revocation shall become Ing or suspendin an 9 Y permit upon receipt of the notice of the permittee unless the permittee gives written notice to the C the notice shall specify the within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective immediately revocation or suspension is affirmed by the City CouncilY Clerk or his or her designee C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any f unive onlyrthisif the ordinance shall be final unless a timely written notice of appeal permittee e shall permit is unlesendeds or revoked mayappealfiledas tion Bit issued under is decision specifiedfte in subsection i of this Council. The Any ty Council shall consider the appeal at a regular or special concil meeting whichever is necere chief ssary.Counting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written appealA permittee may at any time appealY This council meeting a revocationhor suspension to King County Superior Courtnotice of Section 23. Reckless discharge or use prohibited. it is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by risk of death It is unlawful for any person under 16 years of age. adult. person under the age of 16 to discharge fireworks except under the direct supervision of a competent Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Cha pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail ale o7 RCW that fireworks. He or she may revoke or suspend any authorized to the permittee to comply any issued ter t to this ordinance upon any failure o�refusal of f er P Yv provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. that B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. p kaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON MAR 2G 2095 © RECEIVED CITY CLERK'S OFFICE King County Records, Elections and Licensing Services Division CERTIFICATE OF SUFFICIENCY THIS IS TO CERTIFY that the petition pages originally submitted in November 2005, together with the additional petition pages submitted in February 2006, to the King County Records, Elections and Licensing Services Division, supporting the Fireworks Control Ordinance have been examined and the signatures thereon carefully compared with the registration records of the King County Records, Elections and Licensing Services Division; and as a result of such examination, we find the petition to be sufficient under the provisions of the Revised Code of Washington 35A.01.040. Dated this 14th day of March 2006. Otkizt-C. ‘Tfe/i _ Dean C. Logan, Director EXHIBIT B FIRE DEPARTMENT MEMORmit ANDUM 1Nry0 DATE: April 4, 2006 TO: Lawrence Rude, Interim Chief FROM: Stan Engler, Fire Marshal SUBJECT: Fireworks Petition After much public input, the City of Renton initiated a complete ban on fireworks in 2004 effective in 2005. A comprehensive Public Information Campaign was initiated in the spring of 2005 that included mailings,posters, and press releases. The results were dramatic with only three fireworks-related incidents, no property damage and no reported fireworks-related injuries for the 2005 season. Multiple warnings were given by police and fire enforcement teams, and only one citation was issued for use of State identified illegal fireworks. The City's efforts produced the most successful results of any ban attempted locally. The City of Renton has recently been presented with a petition that would allow the discharge of State legal fireworks within the City limits. This petition would reverse the current ban on all fireworks within the City with the exception of permitted public displays. The following information was obtained from the details of the petition. Fireworks Facts This new Petition would allow: • Tents to be used to store fireworks in and sell fireworks from. • Less stringent standards for public displays, including lower limits of insurance liability than the City of Renton has previously allowed. • Fireworks to be sold and discharged starting on June 28 thru July 5. • Fireworks to be sold from December 27 to December 31 and discharged from December 31, at 6 p.m. until January 1 at 1 a.m. • Fireworks to be discharged for 125 hours total annually. Prior to the ban of 2005, fireworks were allowed to be discharged for 15 hours annually in the City of Renton. c:\docume-1\10522\1oca1s-1\temp\petition memo 2006exhibit b.doc • Nue 'v►' The following information is a compilation of recent year's statistics and the potential affect the petition could have. 2003 2004 2005* New Petition Total Fire Dept. Calls 230 246 192 Projected Increase Fireworks Related Incidents 33 24 3 Projected Increase Property $477,750 $73,659 0 Projected Increase Loss Citations Issued 0 0 1 Projected Increase Total Hours Fireworks 15 hours 15 hours 0 125 Hours** Can Be Discharged *2005 was the first year of the fireworks ban in Renton. **New fireworks petition would allow the sale and discharge of fireworks in the City of Renton from June 28 to July 5 and December 31 from 6 p.m. to 1 a.m. on January 1. Proposed Fireworks Ordinance 1. Would allow sales on June 28, from 12 noon until 11 p.m., June 29 thru July 4, 9 a.m. till 11 p.m., July 5 from 9 a.m. until 9 p.m. December 27 thru December 31st from 12 noon until 11 p.m. 2. Discharge would be allowed from June 28, 12 noon until 11 p.m. (11 hours) 3. June 29 till July 3, 9 a.m. to 11 p.m. (14 hours each day- 84 hours) 4. July 4, 12 noon until 12 Midnight. (12 hours) 5. July 5, 12 noon until 11 p.m. (11 hours) 6. December 31, 6 p.m. until 1 a.m. January 1. (7 hours) The proposed ordinance would allow a total of 118 hours of discharge time from June 28 thru July 5, and an additional seven (7) hours on the New Years Holiday. 2004 and prior in Renton 1. Sales were allowed from noon on June 28 until 11 p.m. Other days thru July 4, 9 a.m. until 11 a.m. 2. Discharge was limited to July 4, from 9 a.m. until 12 midnight. (15 hours) Based on the dramatic increase in the number of hours that fireworks could be discharged in the City, if this petition became law, the Fire Department would expect a corresponding increase in calls, property damage and injuries to children and adults from fireworks. c:\docume-1\10522\1oca1s-1\temp\petition memo 2006exhibit b.doc EXHIBIT C Chronology of 2005 / 2006 Initiative Petition Process Proposing Reversal of Renton Fireworks Ban On November 1, 2005, an initiative petition consisting of 490 signature pages was filed by Jerry Farley, 16526 Shore Drive NE, Lake Forest Park, Washington 98155, on behalf of the Kennydale Lions Club (represented by Richard M. Stephens, Attorney, Groen Stephens & Klinge, LLP, 11100 NE 8th St., Suite 750, Bellevue, WA 98004). As required by law, the petition was submitted to King County Records and Elections within three days for determination of sufficiency. A Certificate of Insufficiency was received from King County on February 10, 2006. Petitioning parties were notified. Within the ten days allowed by law, the petitioning parties filed an amended petition consisting of 26 additional signature pages with ordinance attachment. These were forwarded to King County Elections for determination of sufficiency. On March 20, 2006, a Certificate of Sufficiency was received by the City Clerk from King County Elections. The petition ordinance, if enacted, would repeal Ordinance #5088 adopted June 28, 2005, and allow possession, sale and discharge of fireworks in the City of Renton. If the initiative ordinance is deemed to be within the scope of direct legislation by the people through the exercise of initiative power, then by law the City Council must take action within 20 days of Council's receipt of the certificate of sufficiency (by 4/23/06), by either (a) passing the proposed ordinance without alteration, or (b) submitting the measure to a vote of the people by special election to occur within not less than 45 days, or by general election if there is one within 90 days. rlRecords, Elections and CITY OF RENTON Licensing Services Division Department of Executive Services King County Administration Building DEC 0 6 2006 500 Fourth Avenue, Room 553 RECEIVED Seattle, WA 98104-2337 CITY C'l.ER1C,8 OFFICE 206-296-1540 Fax 206-296-0108 TTY Relay: 711 STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) This is to certify that on November 7, 2006, there was held a Special Election in conjunction with the General Election, in the City of Renton, King County, Washington, for the submission of a ballot measure to the voters for their approval or rejection; That the results of the election were duly canvassed by the King County Canvassing Board of Election Returns on November 28, 2006, and the results of said canvass are as follows: CITY OF RENTON PROPOSITION NO. 1 INITIATIVE MEASURE CONCERNING FIREWORKS YES 5,515 37.43% NO 9,219 62.57% FAILED VALIDATION REQUIREMENTS Proposition No. 1 required a simple majority to pass. With a rejection rate of 62.57% the measure failed. Dated at Seattle, King County, Washington, this 28th day of November 2006. Jame s J. Buc Interim Director C)tiY� o� _ CITY �rJF RENTON ♦ City Clerk Kathy Keolker,Mayor Bonnie I.Walton ...) March 30, 2006 Richard M. Stephens Groen Stephens &Klinge, LLP 11100 NE 8th St., Suite 750 Bellevue, WA 98004 Re: Initiative Petition-Fireworks Control Ordinance Dear Mr. Stephens: A Certificate of Sufficiency has been received from King County Elections for the subject petition as amended. Copy of the certificate is enclosed for your information. The petition documents will be submitted to the Renton City Council upon completion of review by the City Attorney. You will be notified of any Council action taken on this matter. Sincerely, Bonnie I. Walton City Clerk bw Enclosure cc: Mayor Kathy Keolker Jay Covington,CAO Larry Warren,City Attorney Jerry Farley, 16526 Shore Drive NE,Lake Forest Park,WA 98155-5631 1 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 RENTON AHEAD OF THE CURVE :P This paper contains 50%recycled material,30%post consumer 1 Nod CITY OF RENTON MAR 2 c ?0U5 CITY RECEIVED I.ERK'S OFFICE King County Records, Elections and Licensing Services Division CEI TIFICATE OF SUFFICIENCY THIS IS TO CERTIFY that the petition pages originally submitted in November 2005, together with the additional petition pages submitted in February 2006, to the King County Records, Elections and Licensing Services Division, supporting the Fireworks Control Ordinance have been examined and the signatures thereon carefully compared with the registration records of the King County Records, Elections and Licensing Services Division; and as a result of such examination, we find the petition to be sufficient under the provisions of the Revised Code of Washington 35A.01.040. Dated this 14`h day of March 2006. Leit4AC-, t-)fe/f/ __ Dean C. Logan, Director Noe (vY o ADMINISTRATIVE, JUDICIAL, AND LEGAL SERVICES DEPARTMENT Office of the City Clerk MEMORANDUM DATE: March 28, 2006 TO: Larry Warren, City Attorney FROM: Bonnie Walton, City Clerk, x6502 SUBJECT: Initiative Petition- Fireworks Control Is it your opinion that the referenced initiative ordinance, copy attached, is within the scope of direct legislation by the people through the exercise of initiative power? As a resource guide, I attach copy of MRSC Report No. 28,Initiative and Referendum Guide for Washington City and Charter Counties. Please note that pages 6-10 of this guide address the types of legislation that are subject to the initiative process; however it is not clear to me whether or how the subject ordinance applies. The Fireworks Control Initiative Petition filed by proponents Kennydale Lions Club has recently been certified as sufficient by King County. Upon receipt of your opinion as requested above, I will prepare an agenda bill to present this matter to the City Council for further action. Thank you. bw Enclosures cc: Jay Covington, CAO `we 0 King County CITY OFRENTON Records, Elections and MAR 2 0 2006 Licensing Services Division Department of Executive Services RECEIVED King County Administration Building CITY CLERK'S OFFICE 500 Fourth Avenue, Room 553 Seattle, WA 98104-2337 206-296-1540 Fax 206-296-0108 TTY Relay: 711 March 14, 2006 Bonnie I. Walton, City Clerk City of Renton 1055 S. Grady Way Renton, WA 98055 RE: Sufficiency of Additional Signatures Submitted in Support of Fireworks Control Ordinance Dear Ms. Walton: By letter dated January 31, 2006, King County Elections informed you that the original set of signatures submitted in support of the Fireworks Control Ordinance were insufficient. Shortly thereafter,the City of Renton allowed the petitioners to submit additional signatures in support of the petition, and you transmitted those additional signatures to King County Elections on February 27, 2006. King County Elections has completed its examination of the additional signatures. Having compared the additional signatures against those on file with King County Elections, seventy were determined to be from valid registered voters of the City of Renton. That number, combined with the number of valid signatures from the original set transmitted to King County Elections by the City of Renton, exceeds the number of signatures required to certify. A certificate of sufficiency is enclosed. If you have questions,please feel free to contact Anne Bruskland, Acting Assistant Superintendent rV nr_...ice 206 205 ^7:362 V1 Voter ,)V1 V1VVJ, at LVV-LV✓-!✓VL. Sincerely, 6004 Dean C. Logan Director Enclosure cc: Anne Bruskland, Acting Assistant Superintendent of Voter Services Janine Joly, King County Senior Deputy Prosecuting Attorney Lisa Moore, Supervisor, Voter Services File /,/ I •�1202Mel ���� VV��/���� CITY OF RENTON 0 MAR 2 G 2095 G1TY CL RK u OFFICE King County Records, Elections and Licensing Services Division CERTIFICATE OF SUFFICIENCY THIS IS TO CERTIFY that the petition pages originally submitted in November 2005, together with the additional petition pages submitted in February 2006, to the King County Records, Elections and Licensing Services Division, supporting the Fireworks Control Ordinance have been examined and the signatures thereon carefully compared with the registration records of the King County Records, Elections and Licensing Services Division; and as a result of such examination, we find the petition to be sufficient under the provisions of the Revised Code of Washington 35A.01.040. Dated this 14th day of March 2006. OI- - Lf Dean C. Logan, Director (1.6 Records, Elections and © Licensing Services Division POS )...1Q County Administration Building c��A QQF 500 Fourth Avenue,Room 553 • VI,e" King County Seattle,WA 98104 �?' ; z s '• ' :: �' SlrNt r i30W15 $ .:. • 02 1A $ 40.39° 'l t,pr 0004600758 MAR 1 S 2006 ++7 y�'{t`• MAILED FROM ZIP CODE 9 810 4 Bonnie I. Walton, City Clerk City of Renton 1055 S. Grady Way Renton, WA 98055 471-.4:12."v r r?acs ��i{ti lSlf{ liiSll�tl�S{ItS�1SSiitllS��l411i121{I1l IFI4 SS�ISf woo Sire King County CITY OFRENTON Records, Elections and Licensing Services Division MAR 0 2 2006 Elections Section • Department of Executive Services RECEIVED King County Administration Building CITY CLERK'S OFFICE 500 Fourth Avenue,Room 553 Seattle,WA 98104-2337 206-296-1565 206-296-0108 Fax 711 TTY Relay February 28, 2006 Bonnie I. Walton City Clerk City of Renton 1055 S. Grady Way Renton, WA 98055 RE: Certification of Terminal Date for New Petition Signature Pages— Fireworks Control Ordinance. Dear Ms. Walton, Effective March 3, 2006, King County Elections will begin the determination of sufficiency of supplemental signatures provided for the Fireworks Control Ordinance petition. As prescribed by RCW 35A.01.040(4), the foregoing date is certified as the terminal date for the petition. No further signatures may be added to the petition nor may any signer of the petition withdraw his or her signature thereafter. The Elections Division will compare the signatures on the petition to the list of registered voters as of the terminal date to determine sufficiency. Per Renton municipal code, "fifteen percent(15%) of the total number of names or persons listed as registered voters within the City on the day of the last preceding City general election". The last City general election was in November of 2003. The total registered voters were 25,322, therefore 3,798 valid signatures are needed to meet the signature sufficiency requirement of the law. If you have questions, please feel free to contact me at 206-205-7362. Sincerely, Anne Bruskland Acting Assistant Superintendent of Voter Services cc: Dean Logan, Director, Records and Elections Division Janine Joly, Attorney, King County Prosecuting Attorney's Office Lisa Moore, Supervisor, Voter Services Section, REALS File Copy From: "Bruskland, Anne"<Anne.Bruskland©METROKC.GOV> To: 'Bonnie Walton' <Bwalton@ci.renton.wa.us> Date: 2/28/2006 6:46:10 PM Subject: Letter of Terminal Date Hi Bonnie, A Certification of Terminal Date for New Petition Signature Pages went out in the mail this evening. Here is an advance electronic copy. Just an FYI. Please call me with any questions or concerns. Anne Bruskland 206-205-7362 From: "Bruskland, Anne" <Anne.Bruskland©METROKC.GOV> To: 'Bonnie Walton' <Bwalton©ci.renton.wa.us> Date: 2/27/2006 10:39:50 AM Subject: RE: Initiative Petition-Fireworks Control Bonnie, Thanks for the heads up Bonnie. I received the additional petitions today. I will drop a terminal date letter in the mail today or tomorrow and we will begin processing these this week. By the way, Harry has gone back to his previous position in elections. Please feel free to direct the hardcopies of the petitions to me directly in the future. Anne Original Message From: Bonnie Walton [mailto:Bwalton©ci.renton.wa.us] Sent: Friday, February 24, 2006 10:15 AM To: Bruskland, Anne Subject: Initiative Petition-Fireworks Control Anne: Thought I'd let you know that the fireworks initiative proponents have filed a timely amendment to the referenced petition. Therefore, I will be submitting the originals to Harry Sanders today so that determination of sufficiency may resume. If you have any questions, please contact me. Bonnie Walton City Clerk City of Renton 1055 S. Grady Way Renton, WA 98055 425-430-6502 --its o� NowCITY OF RENTON ♦ © ♦ Novae City Clerk Kathy Keolker,Mayor Bonnie I.Walton February 24, 2006 Harry Sanders King County Elections King County Administrations Building, #553 500 Fourth Avenue Seattle, WA 98104 Re: Fireworks Initiative Petition Amendment, and Request for Re-Determination of Sufficiency Dear Mr. Sanders: I herewith submit to you for re-determination of sufficiency twenty-six (26) original Initiative Petition signature pages, each with attached Fireworks Control Ordinance as proposed. These documents, received in this office February 23, 2006, are filed as an amendment to the original petition, which was submitted to your office November 3, 2005, and later determined to be insufficient. For your information, I am also enclosing copy of the Certificate of Insufficiency dated February 8, 2006, signed by Anne Bruskland, and copy of my letter dated February 13, 2006, to Richard M. Stephens, Attorney, regarding the insufficiency determination and the amendment period. Please note that I am the primary contact for the City of Renton in this matter. If I can provide further information, please feel free to contact me. Sincerely, )60-714-1xi L,}a ter•- Bonnie I. Walton City Clerk Enclosures cc: Mayor Kathy Keolker Jay Covington, CAO Larry Warren, City Attorney 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 RENTON AHEAD OF THE CURVE :_* This paper contains 50%recycled material,30%post consumer From: Bonnie Walton To: anne.bruskland@metrokc.gov Date: 2/24/2006 10:15:25 AM Subject: Initiative Petition-Fireworks Control Anne: Thought I'd let you know that the fireworks initiative proponents have filed a timely amendment to the referenced petition. Therefore, I will be submitting the originals to Harry Sanders today so that determination of sufficiency may resume. If you have any questions, please contact me. Bonnie Walton City Clerk City of Renton 1055 S. Grady Way Renton, WA 98055 425-430-6502 �ti`sY o� CITY OF RENTON City Clerk e- � Kathy Keolker,Mayor Bonnie I.Walton N February 23, 2006 Jerry Farley 16526 Shore Drive NE Lake Forest Park, WA 98155-5631 Re: Initiative Petitions - Fireworks Control Ordinance I hereby acknowledge receipt of 26 petition signature pages with attachments filed this 23rd day of February 2006. Bonnie I. Walton City Clerk 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 RENTON AHEAD OF THE CURVE C, This paper contains 50%recycled material,30%post consumer ---; 01104LOIWk /J )//J 25 9',2), 0 000 Coo er5oe0: /act tt- Jerr &I-1°j 26 06 CITY OF ForroN FEB 2 3 2006 RECEIVED t.)ITY CLERK'S OFFICE f Pe .r CITY-OF RENTON • ru © • I City Clerk Kathy Keolker,Mayor Bonnie I.Walton February 24, 2006 Harry Sanders King County Elections King County Administrations Building, #553 500 Fourth Avenue Seattle, WA 98104 Re: Fireworks Initiative Petition Amendment, and Request for Re-Determination of Sufficiency Dear Mr. Sanders: I herewith submit to you for re-determination of sufficiency twenty-six (26) original Initiative Petition signature pages, each with attached Fireworks Control Ordinance as proposed. These documents, received in this office February 23,2006, are filed as an amendment to the original petition, which was submitted to your office November 3, 2005, and later determined to be insufficient. For your information, I am also enclosing copy of the Certificate of Insufficiency dated February 8, 2006, signed by Anne Bruskland, and copy of my letter dated February 13, 2006, to Richard M. Stephens, Attorney, regarding the insufficiency determination and the amendment period. Please note that I am the primary contact for the City of Renton in this matter. If I can provide further information,please feel free to contact me. Sincerely, 1607/42 4 LJa Bonnie I. Walton City Clerk Enclosures cc: Mayor Kathy Keolker Jay Covington, CAO Larry Warren, City Attorney 1055 South Grady Way-Renton,Washington 98055 -(425)430-6510/FAX(425)430-6516 RENTON AHEAD OF THE CURVE :? This paper contains 50%recycled material,30%post consumer vow NNW From: "Larry Warren" <Ijwarren@seanet.com> To: "'Bonnie Walton' <Bwalton@ci.renton.wa.us> Date: 2/13/2006 3:37:02 PM Subject: RE: Initiative Looks fine. Original Message From: Bonnie Walton [mailto:Bwalton@ci.renton.wa.us] Sent: Monday, February 13, 2006 1:36 PM To: ljwarren@seanet.com Subject: Initiative Importance: High ** High Priority** Larry, here is the letter I have drafted. Do you agree? Bonnie, x6502 Y o� No. CIT\ OF RENTON ♦ a 00( © ♦ City Clerk - > 0 Kathy Keolker,Mayor • Bonnie I.Walton N� February 13, 2006 Copy Sent Via Facsimile, E-mail&Surface Mail Original Via Certified Mail- Return Receipt Requested Richard M. Stephen Groen Stephens &Klinge, LLP 11100 NE 8th St., Suite 750 Bellevue, WA 98004 Re: Initiative Petition- Fireworks Control Ordinance Dear Mr. Stephens: On November 1, 2005, Mr. Tom Farley filed in this office an Initiative Petition, which consisted of 490 signature pages with attachments, in support of a Fireworks Control Ordinance. As prescribed by law, the petition was transmitted within three working days to King County Elections for determination of validity and adequacy of the signatures on the petition. On February 10, 2006, this office received a Certificate from King County Elections stating that the subject petition is insufficient. Copy of that Certificate is enclosed. As prescribed by law, the petitioners have ten additional days from this date to amend the petition. The deadline for filing of an amendment to the petition is 5:00 p.m., Thursday, February 23, 2006, at the Office of the City Clerk, City of Renton, 1055 S. Grady Way, 7th Fl., Renton, WA 98055. If an amended petition is so filed, it would then be transmitted to King County Elections from this office for re-determination of sufficiency. If I can provide further information or assistance, please feel free to contact me. Sincerely, 4tia/&o-rt-) Bonnie I. Walton City Clerk Enclosure cc: Mayor Kathy Keolker Jay Covington,CAO Larry Warren,City Attorney Jerry Farley, 16526 Shore Drive NE,Lake Forest Park,WA 98155-5631 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 RENTON AHEAD OF THE CURVE :, This paper contains 50%recycled material.30%post consumer a . E J o E m U ci) _ aN N= a 0 Has 5 ma- CL Yid v Y . ,� W � .y � N-F: vi r i y 7 mss. ci az > — ti ki t. W � 0 E' do;ti \. i W O E U. m w d= N2 S °d V i A p 1 l/_2- LL2-- 61_, `•,1 d flDNE 'O m" " i-- -m y `. 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Service Type r 1 7 Certified Mail ❑Express Mall v 0 Registered Return Receipt for Merchandise r-, 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number :iii 11 O (transfer from service label) 7005-* !S.20 0006 54478 7,5'o2/ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ...-. ...._.. _...._. • ------------ --- -- --- -- --- - 3NIl 031100 ltl 010j'SS3tlOOtl NtlRL9tl 3H1 d0 "' ' -MOM 314101 3H1013d013AN3 40 dO11Y 113)101.1S 30111d 1125 . 92.J-15 92.+15 9000 0297 5001'_ SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X 0 Agent • Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0/Yes 1. Article Addressed to: If YES,enter delivery address below: Ip No IQi llard tYl. Sfcp(1en5 (Troe..K SA-e o1 .frts K(re LLP woo /1)E 3-11, 3+, S . 75-0 C I V 2 &J A Q gOC q 3. Se ice Type / ! erted Mail 0 Express Mail 0 Registered VRetum Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. ArticleNumber .7O 0.5- /g, 0 0006, $LJ �7 8 7s, / 2 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 *************** —COMM. Jr VAL— ******************* DATE FEB-13-2P' ***** TIME 16:48 *** P.01 r MODE = MEMORY TRANSMISSION START=FEB-13 16:47 END=FEB-13 16:48 FILE NO.= 022 STN NO. COM ABBR NO. STATION NAME/TEL.NO. PAGES DURATION 001 0 S 94254536224 003/003 00:01'08" —RENTON CITY' CLERK OFC — ************************************ —425 430 6516 — ***** — — ********* 'S' °� City of Renton 0+� f: 4. City Clerk Division, Rm. 728 . . 1055 South Grady Way �N'r0 Renton,WA 98055 Date: c113-.2006 TO: &,XiOft/m• FROM: ) s''yuG Z atlr` llloo Aes-A.,si. zuite%riuG e„?-41 ` Phone: (/as' ) /6-3- 6206 Phone: (425) 430-6510 Fax Phone: 4a5.) 44-,3_ X2„2 ci Fax Phone: (425) 430-6516 SUBJECT: jnhijai lje /9e/J-71/0/1 ( NumberofPaes including cover sheet: 3 REMARKS: 0 Original to ❑ Urgent ❑ Reply ❑ Please ❑ For your be mailed ASAP Comment review dal d&ite-A404- • I t1/4/11 l.Vt il.. Ahead of the curve *************** -COMM. jNAL- ******************* DATE FEB-13-20r k**** TIME 17:35 *** P.01 \NOV '*11110 MODE = MEMORY TRANSMISSION START=FEB-13 17:33 END=FEB-13 17:35 FILE NO.= 026 STN NO. COM ABBR NO. STATION NAME/TEL.NO. PAGES DURATION 001 (5) a 92063637575 003/003 00:01'09" -RENTON CITY CLERK OFC - ************************************ -425 430 6516 - ***** - - ********* 4�Y ° City of Renton cmo City Clerk Division, Rm. 728 1055 South Grady Way Renton,WA 98055 Date: 443- 24M TO: Qe/rh.��l pig- FROM: t-c.6_tddiarly / a-2‘ kurtt ,DA. y &4 e /au .161w &c um ??4.5-6-- Phone: f/5SPhone: (206 ) 363-751'3 Phone: (425) 4.10-6510 Fax Phone: (a0( ) 3b3-7575. Fax Phone: (425) 430-6516 SUBJECT: Tnj//Q/fl/e 671/71/07/1 I Numberof pages Including cover sheet: 3 REMARKS: ❑ Original to ❑ Urgent ❑ Reply ❑ Please ❑ For your be mailed ASAP Comment review Q,) a. v- 2, 747 JA./1.1 11).1..L.• Ahead of the curve — Nog,' From: Bonnie Walton To: stephens@GSKIegal.pro Date: 2/13/2006 5:08:35 PM Subject: Initiative Petition Mr. Stephens: Please see the attached regarding the Initiative Petition filed with the City of Renton. Sincerely, Bonnie I. Walton City Clerk City of Renton 425-430-6502 Now .visse From: Bonnie Walton To: farley@uptime.org Date: 2/13/2006 5:17:35 PM Subject: Initiative Petition Mr. Farley: Please see the attached regarding the Initiative Petition filed with the City of Renton. Sincerely, Bonnie I. Walton City Clerk City of Renton 425-430-6502 .Y O� ..� CITY OF RENTON ♦ © ♦ City Clerk Kathy Keolker,Mayor • Bonnie I.Walton February 13, 2006 Copy Sent Via Facsimile, E-mail&Surface Mail Original Via Certified Mail- Return Receipt Requested Richard M. Stephen Groen Stephens &Klinge, LLP 11100 NE 8th St., Suite 750 Bellevue, WA 98004 Re: Initiative Petition -Fireworks Control Ordinance Dear Mr. Stephens: On November 1, 2005, Mr. Tom Farley filed in this office an Initiative Petition, which consisted of 490 signature pages with attachments, in support of a Fireworks Control Ordinance. As prescribed by law, the petition was transmitted within three working days to King County Elections for determination of validity and adequacy of the signatures on the petition. On February 10, 2006, this office received a Certificate from King County Elections stating that the subject petition is insufficient. Copy of that Certificate is enclosed. As prescribed by law, the petitioners have ten additional days from this date to amend the petition. The deadline for filing of an amendment to the petition is 5:00 p.m., Thursday, February 23, 2006, at the Office of the City Clerk, City of Renton, 1055 S. Grady Way, 7th Fl., Renton, WA 98055. If an amended petition is so filed, it would then be transmitted to King County Elections from this office for re-determination of sufficiency. If I can provide further information or assistance, please feel free to contact me. Sincerely, &dit � 4(/a:€r71- Bonnie I. Walton City Clerk Enclosure cc: Mayor Kathy Keolker Jay Covington, CAO Larry Warren,City Attorney Jerry Farley, 16526 Shore Drive NE,Lake Forest Park,WA 98155-5631 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 RENTON Z., AHEAD OF THE CURVE f., This paper contains 50%recycled material.30%post consumer CITY OF RENTON FEB 1 0 2006 RECEIVED 041Y CLERK'S OFFICE King County Records, Elections and Licensing Services Division CERTIFICATE OF INSUFFICIENCY THIS IS TO CERTIFY that the petitions, originally submitted in November 2005 to the King County Records, Elections and Licensing Services Division, supporting the Fireworks Control Ordinance, have been examined and the signatures thereon carefully compared with the registration records of the King County Records, Elections and Licensing Services Division, and as a result of such examination, we find the petition to be insufficient under the provisions of the Revised Code of Washington 35A.06.040 and 35A.01.040. Dated this 8th day of February 2006. agito4, ' tav2.6* Anne Marie Bruskland, Acting Assistant Superintendent of Voter Services ,.- .41 CITY OF RENTON FEB 1 0 2006 RECEIVED CIN CLERK'S OFFICE King County Records, Elections and Licensing Services Division CERTIFICATE OF INSUFFICIENCY THIS IS TO CERTIFY that the petitions, originally submitted in November 2005 to the King County Records, Elections and Licensing Services Division, supporting the Fireworks Control Ordinance, have been examined and the signatures thereon carefully compared with the registration records of the King County Records, Elections and Licensing Services Division, and as a result of such examination, we find the petition to be insufficient under the provisions of the Revised Code of Washington 35A.06.040 and 35A.01.040. Dated this 8th day of February 2006. 004/to g tavt4 Anne Marie Bruskland, Acting Assistant Superintendent of Voter Services From: "Bruskland, Anne" <Anne.Bruskland©METROKC.GOV> To: 'Bonnie Walton' <Bwalton©ci.renton.wa.us> Date: 2/10/2006 9:57:50 AM Subject: RE: INITIATIVE REPORT Bonnie, I just faxed the certificate to you. It was mailed to you on Wednesday. Apparently my staff forgot to fax it as well on Wednesday. I apologize for the oversight. Anne Original Message From: Bonnie Walton [mailto:Bwalton@ci.renton.wa.us] Sent: Friday, February 10, 2006 7:54 AM To: Bruskland, Anne Subject: RE: INITIATIVE REPORT Importance: High ** High Priority** Anne: I am waiting to here from you regarding the certificate and the additional 10 days. Please advise asap. Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "Bruskland, Anne" <Anne.Bruskland@METROKC.GOV> 02/07/06 4:40 PM >>> Thank you. I will take a look. Original Message From: Bonnie Walton [mailto:Bwalton@ci.renton.wa.us] Sent: Tuesday, February 07, 2006 3:34 PM To: Bruskland, Anne Subject: INITIATIVE REPORT Anne: Here is the link to the Initiative Guide from MRSC: http://www.mrsc.org/Publications/irg06.pdf. Bonnie Walton Renton City Clerk 425-430-6502 From: "Bruskland, Anne"<Anne.Bruskland@METROKC.GOV> To: 'Bonnie Walton' <Bwalton@ci.renton.wa.us> Date: 2/10/2006 9:57:50 AM Subject: RE: INITIATIVE REPORT Bonnie, I just faxed the certificate to you. It was mailed to you on Wednesday. Apparently my staff forgot to fax it as well on Wednesday. I apologize for the oversight. Anne Original Message From: Bonnie Walton [mailto:Bwalton@ci.renton.wa.us] Sent: Friday, February 10, 2006 7:54 AM To: Bruskland, Anne Subject: RE: INITIATIVE REPORT Importance: High ** High Priority** Anne: I am waiting to here from you regarding the certificate and the additional 10 days. Please advise asap. Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "Bruskland, Anne"<Anne.Bruskland©METROKC.GOV>02/07/06 4:40 PM >>> Thank you. I will take a look. Original Message From: Bonnie Walton [mailto:Bwalton@ci.renton.wa.us] Sent: Tuesday, February 07, 2006 3:34 PM To: Bruskland, Anne Subject: INITIATIVE REPORT Anne: Here is the link to the Initiative Guide from MRSC: http://www.mrsc.org/Publications/irg06.pdf. Bonnie Walton Renton City Clerk 425-430-6502 02/10/2006 08:48 FAX 206 296 0108 KC RECORDS & ELECTIONS f001 I Date O� - ID -- D o King County Records, Elections and Licensing Services Division Number of pages including cover sheet 500 Fburth Avenue, Room 553, Seattle, WA 98104 FAX TRANSMITTAL TO t306i. FROM: Oc____rt..„7\75 Phone Phone (206) 73E02--, Fax L}-2"S Fax Phone (206) 296-0108 REMARKS: (l Urgent I I For your review [ I Reply ASAP Please Comment j A-- CITY OF RENTON FEB 1 0 2006 .._J REc CITY CLERK'S OFFICE 02/10/2006 08:48 FAX 206 296 0108 KC RECORDS & ELECTIONS 1j002 Ntire i King County Records, Elections and Licensing Services Division CERTIFICATE OF INSUFFICIENCY THIS IS TO CERTIFY that the petitions, originally submitted in November 2005 to the King County Records, Elections and Licensing Services Division, supporting the Fireworks Control Ordinance, have been examined and the signatures thereon carefully compared with the registration records of the King County Records, Elections and Licensing Services Division, and as a result of such examination, we find the petition to be insufficient under the provisions of the Revised Code of Washington 35A.06.040 and 35A.01.040. Dated this 8th day of February 2006. Oltic:TY?&AZ)714-5-r-0—'/1-4 Anne Marie Bruskland, Acting Assistant Superintendent of Voter Services From: "Bruskland, Anne"<Anne.Bruskland@METROKC.GOV> To: 'Bonnie Walton' <Bwalton©ci.renton.wa.us> Date: 2/7/2006 4:40:55 PM Subject: RE: INITIATIVE REPORT Thank you. I will take a look. Original Message From: Bonnie Walton [mailto:Bwalton@ci.renton.wa.us] Sent: Tuesday, February 07, 2006 3:34 PM To: Bruskland, Anne Subject: INITIATIVE REPORT Anne: Here is the link to the Initiative Guide from MRSC: http://www.mrsc.org/Publications/irg06.pdf. Bonnie Walton Renton City Clerk 425-430-6502 �•r- VIII' CITY OF RENTON King County FEB 0 6 2006 Records, Elections and Licensing Services Division RECEIVED Elections Section CITY CLERK'S OFFICE Department of Executive Services King County Administration Building 500 Fourth Avenue,Room 553 Seattle,WA 98104-2337 206-296-1565 206-296-0108 Fax 711 TTY Relay January 31, 2006 Bonnie I. Walton City Clerk City of Renton 1055 S. Grady Way Renton, WA 98055 RE: Insufficiency of Petition in Support of Fireworks Control Ordinance Dear Ms. Walton, King County Elections has examined the signatures contained on the petition filed in support of Fireworks Control Ordinance. Having compared the signatures on the petition against those on file with King County Elections, 3,747 were determined to be valid registered voters of the City of Renton. Since that number fails to meet the 3,799 signatures required to certify, it is determined that the petition is not sufficient. If you have questions, please feel free to contact me at 206-205-7362. Sincerely, 0.&/14 I AP' dr' Anne Bruskland Acting Assistant Superintendent of Voter Services cc: Dean Logan, Director, Records and Elections Division Janine Joly, Attorney, King County Prosecuting Attorney's Office Lisa Moore, Supervisor, Voter Services Section, REALS File Copy Records and Elections Division © Elections Section 553 King County Administration Building �,t yv 500 Fourth Avenue ON +„5�i . y_ 49 ,�fw® King County Seattle,WA 98104 _ ,g r-rs O._ %-, 02 1A $ 00.326 ) et= • � ..F.-',.. 3k� 0004600758 FEB 02 2006 ' '• f MAILED FROM ZIP CODE 98104 LA...... ...a... „ j7( rr}--aC3k1-j9)2tS—C . '1?---O'vs---.413Nr\-1 , E-504 t}} . ! t f i .. .. , , . “111!..!I!..!fti!......,Li!!ilud!iihliiiii!!jid i From: "Bruskland, Anne"<Anne.Bruskland@METROKC.GOV> To: 'Bonnie Walton' <Bwalton@ci.renton.wa.us> Date: 2/1/2006 5:03:57 PM Subject: Recall: Letter of Insufficiency- Fireworks Ordinance Petition The sender would like to recall the message, "Letter of Insufficiency- Fireworks Ordinance Petition". From: "Bruskland, Anne"<Anne.Bruskland@METROKC.GOV> To: 'Bonnie Walton' <Bwalton@ci.renton.wa.us> Date: 2/1/2006 5:29:52 PM Subject: RE: Letter of Insufficiency- Fireworks Ordinance Petition Your welcome. By the way, Jerry Farley contacted me again regarding status. Given you were my point of contact, would you mind following up with him and giving him the news? His# is 206-713-3388. Thanks Original Message From: Bonnie Walton [mailto:Bwalton@ci.renton.wa.us] Sent: Wednesday, February 01, 2006 5:17 PM To: Bruskland, Anne Subject: Re: Letter of Insufficiency- Fireworks Ordinance Petition That's fine. I have received your email and will look for the original in the mail. Thank you and your staff for all your hard work on this, and for your helpfulness to me. This was certainly a close one, wasn't it. Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "Bruskland, Anne"<Anne.Bruskland©METROKC.GOV> 02/01/06 5:14 PM >>> Bonnie - I apologize if you are receiving this e-mail for the 3rd time. This is my third attempt, but for some reason it is not showing in my sent folder. Attached is a copy of the letter of insufficiency for the Fireworks Ordinance Petition. I will be forwarding original via mail tomorrow a.m. If you have questions, please feel free to give me a ring at 206-205-7362. Thanks, Anne From: "Bruskland, Anne"<Anne.Bruskland@METROKC.GOV> To: 'Bonnie Walton' <Bwalton©ci.renton.wa.us> Date: 2/1/2006 5:03:16 PM Subject: Letter of Insufficiency- Fireworks Ordinance Petition Bonnie - I apologize if you are receiving this e-mail for the 3rd time. This is my third attempt, but for some reason it is not showing in my sent folder. Attached is a copy of the letter of insufficiency for the Fireworks Ordinance Petition. I will be forwarding original via mail tomorrow a.m. If you have questions, please feel free to give me a ring at 206-205-7362. Thanks, Anne From: "Bruskland, Anne"<Anne.Bruskland@METROKC.GOV> To: 'Bonnie Walton' <Bwalton@ci.renton.wa.us> Date: 2/1/2006 4:59:11 PM Subject: Renton Fireworks Petition Bonnie, Sorry for the delay in sending you our determination as to the sufficiency of the Fireworks Ordinance Petition. Here is an electronic copy for your record. I will forward an original via regular mail tomorrow. Anne From: "Bruskland, Anne"<Anne.Bruskland@METROKC.GOV> To: 'Bonnie Walton' <Bwalton@ci.renton.wa.us> Date: 1/29/2006 4:53:51 PM Subject: RE: Renton Initiative Petition Bonnie, I had hoped to have a response as to whether the Fireworks Petition has sufficient signature early last week. Unfortunately, it has been delayed by a few days. I have asked my staff to review some of the challenges and to preparing me a summary report of accepted vs. challenged signatures. This work will not be finalized until Monday. I should have a final determination electronically to you no later than COB on Tuesday and will follow-up with a hardcopy by mail shortly thereafter. If you have questions, please feel free to contact me at 206-205-7362. Anne s CITY OF RENTON King County DEC 1 6 2005 Records, Elections and Licensing Services Division CITY CLERK'SRECEIVED OFFICE Elections Section Department of Executive Services King County Administration Building 500 Fourth Avenue,Room 553 Seattle,WA 98104-2337 206-296-1565 206-296-0108 Fax 711 TTY Relay December 15, 2005 Bonnie I. Walton City Clerk City of Renton 1055 S. Grady Way Renton, WA 98055 RE: Certification of Terminal Date for Petition—Fireworks Control Ordinance Dear Ms. Walton, Effective December 19, 2005, King County Elections will begin the determination of sufficiency of signatures for the Fireworks Control Ordinance petition. As prescribed by RCW 35A.01.040(4), the foregoing date is certified as the terminal date for the petition. No further signatures may be added to the petition nor may any signer of the petition withdraw his or her signature thereafter. Per Renton municipal code, "fifteen percent(15%) of the total number of names or persons listed as registered voters within the City on the day of the last preceding City general election". The last City general election was in November of 2003. The total registered voters were 25,322, therefore 3,798 valid signatures are needed to meet the signature sufficiency requirement of the law. If you have questions, please feel free to contact me at 206-205-7362. Sincerely, Anne Bruskland Acting Assistant Superintendent of Voter Services cc: Dean Logan, Director, Records and Elections Division Janine Joly, Attorney, King County Prosecuting Attorney's Office Lisa Moore, Supervisor, Voter Services Section, REALS File Copy From: Bonnie Walton To: anne.bruskland@metrokc.gov Date: 12/9/2005 1:58:52 PM Subject: Renton Initiative Petition Anne: What is the status of the Fireworks Initiative Petition that I submitted Nov. 3rd? Have you started the process of determination of sufficiency? Please email back with a status update. I am concerned that KC Elections is mixing their concerns about the recent annexation petition that was submitted by Renton's EDNSP Dept. with this Initiative Petition. I want to make sure you know that the Initiative Petition has nothing to do with annexation petitions that have been submitted recently. These matters should be considered and handled separately. I am the City contact for the Initiative Petition. The submitting party for the Initiative party has contacted me for a status update, so I would appreciate your update on this particular petition asap. Thank you. Bonnie Walton City Clerk City of Renton 1055 S. Grady Way Renton, WA 98055 425-430-6502 CC: harry.sanders©metrokc.gov From: Bonnie Walton To: harry.sanders@metrokc.gov Date: 12/2/2005 2:39:31 PM Subject: Fwd: Renton Initiative Petition Dear Mr. Sanders, I wanted to check on the status of our Initiative Petition that was submitted to your office on November 4, 2005. We have not received or exchanged any communications on this since I last sent you the email as attached. Has the determination of sufficiency started? Will I be receiving an acknowledgment letter or certificate? I would appreciate knowing the status, Also, regarding the City of Renton voter's registration list: Apparently the CD we received on October 20th with 32,000 names, was not in the same format as the first CD we loaded, that was received on 9/28 with 70,000 names. So our IS Dept. did not load the 2nd CD. That is why our list still shows so many people who live in unincorporated King Co. So if we could get a new CD with City of Renton registered voters only, in the same format as the 70,000 names CD, then we would have that matter corrected. I look forward to hearing from you. Sincerely, Bonnie I. Walton City Clerk City of Renton 1055 S. Grady Way Renton, WA 98055 425-430-6502 CC: Sean Bouffiou Iwo \el From: Bonnie Walton To: Jay Covington Date: 11/5/2005 10:48:43 AM Subject: Initiative Petition Update The initiative petition regarding fireworks that was filed in this office on Nov. 1st is now in the hands of King County for determination of sufficiency. Because of a change in state law, the 10-day deadline for determination of sufficiency no longer applies. Instead, King County is required to determine sufficiency with "reasonable promptness." I will be receiving a formal notice as to when the determination will begin, but in my conversations with King County representatives it sounds as though the determination work may not start for a few weeks because of the general election and their other workload. So I do not expect any official results for at least three weeks and maybe longer. After receipt of the official determination certificate, this matter will then be placed on the Council agenda. Bonnie Walton City Clerk, x6502 CC: Larry Warren ;z ice) CITY OF RENTON City Clerk Kathy Keolker-Wheeler, Mayor Bonnie I.Walton November 3, 2005 Harry Sanders King County Elections King County Administrations Building, #553 500 Fourth Avenue Seattle, WA 98104 Re: Initiative Petitions for Determination of Sufficiency Dear Mr. Sanders: Per our conversation, I herewith submit to you for determination of sufficiency four hundred ninety(490) original Initiative Petition signature pages, each with attached Fireworks Control Ordinance as proposed. These documents were received in this office on November 1, 2005. Please note that the green lines that are lightly marked through some of the signatures were made by my office after receipt of the petitions as a means of indicating those persons who have addresses outside of the Renton City limits. All markings on the petition pages other than the green markings and the City Clerk's date stamp were on the pages when received. Attached to this letter for your information is copy of Section 1-2-2 of Renton Municipal Code, which authorizes the power of Initiative and Referendum in the City of Renton, as well as a copy of RCW 35A.01.040, which contains the rules that apply to the sufficiency of petitions in Code cities such as Renton. Please note that I am the primary contact for the City of Renton in this matter. Please direct questions and correspondence to me. Thank you for your assistance in this important matter. Sincerely, Bonnie I. Walton City Clerk 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 RENTON ®This paper contains 50%recycled material,30%post consumer AHEAD OF THE CURVE RENTON MUNICIPAL CODE TITLE I -ADMINISTRATIVE CHAPTER 2 - ORDINANCES SECTION 2 INITIATIVE AND REFERENDUM 1-2-2 INITIATIVE AND REFERENDUM: In pursuance of chapter 81, laws of 1973, 1st. Ex. Session (Senate Bill No. 2190) the City of Renton hereby elects to adopt, as a non-charter code city, the powers of initiative and referendum as set forth therein. Any and all ordinances hereafter passed and adopted by the City shall not go into effect prior to thirty (30) days from the time of final passage and same shall be subject to referendum during the interim except the following ordinances: A. Ordinances initiated by petition; B. Ordinances necessary for the immediate preservation of public peace, health and safety or for the support of City government and its existing public institutions which contain a statement of urgency and are passed by unanimous vote of the Council; C. Ordinances providing for local improvement districts; D. Ordinances appropriating money; E. Ordinances providing for or approving collective bargaining agreements; F. Ordinances providing for the compensation of or working conditions of City employees and agents; G. Ordinances authorizing or repealing the levy of taxes; and all such excepted ordinances shall go into effect as provided by the general law or by applicable sections of title 35A RCW as now existing or as hereafter amended. All powers of initiative and referendum shall be exercised in the manner set forth for the commission form of government in RCW 35.17.240 to 35.17.360 inclusive, as now or hereafter amended, except as otherwise provided in this Section 1-2-2, and except that the number of registered voters required to sign any petition for an initiative or referendum shall be fifteen percent (15%) of the total number of names or persons listed as registered voters within the City on the day of the last preceding City general election. (Ord. 2798, 9-10-73) Informational Note: RCW 35A.01.040 is the specific statute containing rules that apply to the sufficiency of petitions in code cities. The RCW (Revised Code of Washington) can be reviewed at the City libraries, City Clerk's office, or accessed on-line at http://www.leg.wa.gov/rcw or www.mrsc.org (Legal Resources; RCW & WAC). Page 1 of 3 Now Imre RCW 35A.01.040 Sufficiency of petitions. Wherever in this title petitions are required to be signed and filed, the following rules shall govern the sufficiency thereof: (1)A petition may include any page or group of pages containing an identical text or prayer intended by the circulators, signers or sponsors to be presented and considered as one petition and containing the following essential elements when applicable, except that the elements referred to in(d) and(e) of this subsection are essential for petitions referring or initiating legislative matters to the voters, but are directory as to other petitions: (a) The text or prayer of the petition which shall be a concise statement of the action or relief sought by petitioners and shall include a reference to the applicable state statute or city ordinance, if any; (b) If the petition initiates or refers an ordinance, a true copy thereof; (c) If the petition seeks the annexation, incorporation, withdrawal, or reduction of an area for any purpose, an accurate legal description of the area proposed for such action and if practical, a map of the area; (d)Numbered lines for signatures with space provided beside each signature for the name and address of the signer and the date of signing; (e) The warning statement prescribed in subsection(2) of this section. (2) Petitions shall be printed or typed on single sheets of white paper of good quality and each sheet of petition paper having a space thereon for signatures shall contain the text or prayer of the petition and the following warning: WARNING Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Each signature shall be executed in ink or indelible pencil and shall be followed by the name and address of the signer and the date of signing. (3) The term "signer" means any person who signs his or her own name to the petition. (4) To be sufficient a petition must contain valid signatures of qualified registered voters or property owners, as the case may be, in the number required by the applicable statute or ordinance. Within three http://search.mrsc.org/nxt/gateway.dll/rcw/rcw%20%2035a%20title/rcw%20%2035 a.%20... 6/30/2005 Page 2 of 3 working days after the filing of a petition, the officer with whom the petition is filed shall transmit the petition to the county auditor for petitions signed by registered voters, or to the county assessor for petitions signed by property owners for determination of sufficiency. The officer or officers whose duty it is to determine the sufficiency of the petition shall proceed to make such a determination with reasonable promptness and shall file with the officer receiving the petition for filing a certificate stating the date upon which such determination was begun,which date shall be referred to as the terminal date. Additional pages of one or more signatures may be added to the petition by filing the same with the appropriate filing officer prior to such terminal date. Any signer of a filed petition may withdraw his or her signature by a written request for withdrawal filed with the receiving officer prior to such terminal date. Such written request shall so sufficiently describe the petition as to make identification of the person and the petition certain. The name of any person seeking to withdraw shall be signed exactly the same as contained on the petition and, after the filing of such request for withdrawal,prior to the terminal date, the signature of any person seeking such withdrawal shall be deemed withdrawn. (5) Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved. (6) A variation on petitions between the signatures on the petition and that on the voter's permanent registration caused by the substitution of initials instead of the first or middle names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same. (7) Signatures, including the original, of any person who has signed a petition two or more times shall be stricken. (8) Signatures followed by a date of signing which is more than six months prior to the date of filing of the petition shall be stricken. (9) When petitions are required to be signed by the owners of property, the determination shall be made by the county assessor. Where validation of signatures to the petition is required, the following shall apply: (a) The signature of a record owner, as determined by the records of the county auditor, shall be sufficient without the signature of his or her spouse; (b) In the case of mortgaged property, the signature of the mortgagor shall be sufficient, without the signature of his or her spouse; (c) In the case of property purchased on contract, the signature of the contract purchaser, as shown by the records of the county auditor, shall be deemed sufficient, without the signature of his or her spouse; (d) Any officer of a corporation owning land within the area involved who is duly authorized to execute deeds or encumbrances on behalf of the corporation, may sign on behalf of such corporation, and shall attach to the petition a certified excerpt from the bylaws of such corporation showing such authority; (e) When property stands in the name of a deceased person or any person for whom a guardian has been appointed, the signature of the executor, administrator, or guardian, as the case may be, shall be equivalent to the signature of the owner of the property; and (0 When a parcel of property is owned by multiple owners, the signature of an owner designated by the multiple owners is sufficient. http://search.mrsc.org/nxt/gateway.dll/rcw/rcw%20%203 5a%20title/rcw%20%203 5 a.%20... 6/30/2005 Page 3 of 3 New (10) The officer or officers responsible for determining the sufficiency of the petition shall do so in writing and transmit the written certificate to the officer with whom the petition was originally filed. [2003 c 331 §9; 1996 c 286§ 7; 1985 c 281 §26; 1967 ex.s. c 119 § 35A.01.040.] NOTES: Intent-- Severability-- Effective date-- 2003 c 331: See notes following RCW 35.13.410. Severability-- 1985 c 281: See RCW 35.10.905. http://search.mrsc.org/nxt/gateway.dll/rcw/rcw%20%203 5 a%20title/rcw%20%203 5 a.%20... 6/30/2005 I $'aYY\p CITY OF RENTON I 04' liq0 ..i NOV 0 1 2005 WARNING RECEIVED CITY CLERKS OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address Date '*--)' ;-) c-' IV\ -),;-? L. :1\f:' l'a''' 4,\ic U 3 . .-7 1 2. .,.- \ - tip CSE �.. C: '1 �C � I• — G- '" 3 ' ' :.if-- .i f f%; 1: , /2 4,4, ' i. ry 6,k:it /.,)C 2!L / , '< ,fir,.; { /,' - / Y1 5 jiiiIiejr' 7-5//-/-) 4.,r,ti ' . CI 'i . : ,,,,l, , iltz1011 j t VI i i '- - "- • ., f • 6. ( ;1�1 t w -- i C ck ._. 1!L,. 'Otit 7. V ... x4 '/ // c• i. .c3 ,.. `V' 1�" t 8 -,21_, 2z -a-- i ,2 ..bin-,c, � ve„ f?z)9J -di(4-0-s-- `V..vY��4,,_, ti+a .p./2 �e ) fT S ` /1.` - /cu1- -,, _,..",--1. 7/D/L') 3. 7Q -Tene C,',01K..--3-3 ..5 1 �`~:) i C'{ \.2\eAr\kCin 1,.r- 12. 13. f2�e.r ,.." �',;,,,5-r / -- L ,5:fir L,,!'if s 4--s v . it, 7 Z i . Lok. (�,. r , ,%__/I h (A'r .' 1 k s✓ _ 4 �C`Cs 5 s ( ,-, ;L....0. ---. .oi MIMI" ' — 16. A 1– ._ r h e. `'i' ;)''I 17. _ ' _ r .� .�. / , �� it .40 , r 1114 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and Mry section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit— Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose— Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts— Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issu 3 fireworks permit in conformance with CI .er 70.77 RCW. N. "Person" includes any individual, firrrrpartnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. 0. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. 0. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of $500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose— Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public disi,ys. Nov Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling,compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Sector 21. Nonprohibited acts — Sir 11 purposes, forest protection. This ordinance does not prohibit the u:.•.-of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 ROW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. cs rte, .. CITY, F RENTON City Clerk Kathy Keolker-Wheeler, Mayor Bonnie I.Walton November 1, 2005 Jerry Farley 16526 Shore Drive NE Lake Forest Park, WA 98155-5631 Re: Initiative Petitions -Fireworks Control Ordinance I hereby acknowledge receipt of 490 petition signature pages with attachments filed this 1st day of November 2005. 7Lit e )a1 r�- Bonnie I. Walton City Clerk Jerry Farley II111 16526 Shore Drive NE Lake Forest Park Washington 98155-5631 (206)363-7573 Ofc (206)363-7575 Fax (206)713-3388 Cell farley@uptime.org 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 RENTON CCOAHEAD OF THE CURVE This paper contains 50%recycled material,30%post consumer *************** —COMM. JO AL— ******************* DATE JUN-30-20r **** TIME 11:46 *** P.01 Sow/ S400 MODE = MEMORY TRANSMISSION START=JUN-30 11:44 END=JUN-30 11:46 FILE NO.= 243 STN NO. COM ABBR NO. STATION NAME/TEL.NO. PAGES DURATION 001 lit C 94254536224 002/002 00:00'52" —RENTON CITY CLERK OFC — ************************************ —425 430 6516 — ***** — — ********* C. City of Renton R ' City Clerk Division, Rm. 728 1055 South Grady Way INTO Renton,WA 98055 Date: 6-3"00-5- TO: '.30-x00.3TO: FROM: WCLQXmi Phone: (4410 ) x.534.106 Phone: (425) 430-6510 Fax Phone: (64,15--) i./53 ,, / Fax Phone: (425) 430-6516 SUBJECT: ✓��GIJ� I Number of pages Including cover sheet: 2 REMARKS: ❑ Original to ❑ Urgent ❑ Reply ❑ Please ❑ For your be mailed ASAP Comment review Ata-ro-fru" ik1/4./111Afxl.. Ahead of the curve So .. .CS CITYJF RENTON City Clerk Kathy Keolker-Wheeler, Mayor Bonnie I.Walton June 30, 2005 Richard M. Stephens Groen Stephens & Klinge LLP 11100 NE 8th Street, Suite 750 Bellevue, WA 98004 Re: Fireworks Initiative Dear Mr. Stephens: I am in receipt of your faxed letter dated June 29, 2005,with revised petition form. You are correct that an amendment to RCW 35.17.270 deleted the requirement for a signed affidavit authenticating each petition page. In my haste to respond to your request, I had relied on older MRSC resource material without verifying RCW citations. I apologize for that mistake. Therefore, I see no problem with your having eliminated that particular language. Regarding the margins, I feel that as long as there is a three-quarter inch margin all around the page to allow for accurate photocopying, that should be fine. Use of either 8 '/2"x 11"or 8 Y2"x 14"paper for the petition should be fine. As we just discussed on the phone, your form does not indicate it is being filed with the City Clerk, and it does indicate language regarding enactment within 45 days from receipt by Council. Please know that the petition is first filed with the Clerk and then determination of sufficiency is made,which could potentially take several weeks. After sufficiency is determined, then the petition is presented to Council for action. I mention this in case you want to revise the language in the petition, so citizens are not expecting Council action within 45 days of the date it is filed with the Clerk. Lastly, I have not addressed the proposed ordinance you have attached to the petition. Any comments regarding ordinance format or content would need to come from our City Attorney. Sincerely, Bonnie I. Walton City Clerk cc: Larry Warren, City Attorney 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 RENTON in�� AHEAD OF THE CURVE This paper contains 50%recycled material,30%post consumer GROEN JOHN M.GROEN TELEPHONE STEPHENS KLINGE LLP CHARD M. CHARLES A. KLIST P ENS (425)453-6206 DIANA M.KIRCHHEIM FACSIMILE ATTORNEYS AT LAW (425)453-6224 11100 N.E.8TH STREET, SUITE 750 BELLEVUE,WASHINGTON 98004 June 29, 2005 CITY OF RENTON Via Facsimile JUN 3 0 2005 Bonnie I. Walton, City Clerk RECEIVED City of Renton CITY CLERK'S OFFICE 1055 S. Grady Way Renton, WA 98055 Re: Fireworks Initiative Dear Ms. Walton: Thank you for your letter today about the proposed Fireworks Initiative. Attached hereto is a revised copy which my clients intend to circulate. We have incorporated your numbered comments except for the last one. In regard to "language on the bottom of each petition page or an attached affidavit to each page ...", the material you enclosed with your letter cited RCW 35.17.270 as the source of this requirement. That statute was amended in 1996 and deleted that requirement. Therefore, I have not included that language in this revised copy. Please let me know if you believe that language must be included for some other reason. Also, I have decreased the left and right margins to create more space for signatures,names, addresses and dates. Please let me know if you have any problem with that change as well. Thank you for your attention to this. Sincerely, GROEN ST PHENS &KLINGE LLP and M. ep ens stephens@GSKlegal.pro RMS:lch Enclosure cc: Lawrence Warren WARNING EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is attached hereto. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five(45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Residence Address Date 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit — Conditions. 6 License required prior to issuance of permit. 7 Public display permit — Granted for exclusive purpose — Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts — Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction. 29 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. 0. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washingtcr State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of $ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. C. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of $500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of $ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit— Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit— Granted for exclusive purpose — Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1 . Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11 :00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212-17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts — Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. 06/29/2005 16: 00 4254536224 GROEN STEPHENSKLINGE PAGE 01 Noor, b410.0 GSGROEN ,o�M. oROEN TELEPHONE STEPHENS&KLINGE LLP cH A.� ,5 NOE (425)453.6206 ATTORNEYS AT LAW DIANA M. IDACHHE►M FACSZAc.E (425)453-6224 11100 N.E. 8TH STREET SUITE 750 BELLEVUE,WASHNO ON 98004 FACSIMILE June 29, 2005 TO: Bonnie I. Walton, Clerk of City of Renton FAX NUMBER: (425) 430-6516 FROM: Richard M. Stephens SUBJECT: Fireworks Initiative TOTAL NUMBER OF PAGES INCLUDING COVER: 11 Original sent via U.S. Mail ® Yes ❑ No Comments: See attached copy of letter dated June 29, 2005 with Fireworks Initiative. Hard copy to follow by mail. cc: Lawrence J. Warren (425) 255-5474 PLEASE NOTIFY US IMMEDIATELY IF YOU DO NOT RECEIVE ENTIRE TRANSMISSION. THE INFORMATION CONTAINED IN THIS FAX MAY BE PRIVILEGED) AND/OR CONFIDENTIAL INFORMATION INTENDED ONLY FOR TEE USE OF THE INDIVIDUAL OR ENTITY NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS FAX IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS FAX IN ERROR,PLEASE NOTIFY US BY PHONE AND RETURN THE ORIGINAL MESSAGE TO US VIA U.S.POSTAL SERVICE. TITANIC YOU. 06/29/2005 16:00 4254536224 GROEN STEPHENSKLINGE PAGE 02 o✓ Noire GROEN J M.a TELEPHONE STEPHENS KLINGE LLP RICHARD 't5 (425)453-6206 DIANA M.KIRCHHEIM FACSIMILE ATTORNEYS A T LAW (4225)5) 453.6224 11100 N.E. 8TH STREET,SURE 750 BELLEVUE,WASHINGTON 98004 June 29, 2005 Via Facsimile Bonnie I. Walton, City Clerk City of Rcnton 1055 S. Grady Way Renton, WA 98055 Re: Fireworks initiative Dear Ms. Walton: Thank you for your letter today about the proposed Fireworks Initiative. Attached hereto is a revised copy which my clients intend to circulate. We have incorporated your numbered comments except for the last one. In regard to "language on the bottom of each petition page or an attached affidavit to each page ...", the material you enclosed with your letter cited RCW 35.17.270 as the source of this requirement. That statute was amended in 1996 and deleted that requirement. Therefore, I have not included that language in this revised copy. Please let me know if you believe that language must be included for some other reason. Also, I have decreased the left and right margins to create more space for signatures, names, addresses and dates. Please let me know if you have any problem with that change as well. Thank you for your attention to this. Sincerely, GROEN STEPHENS & KLTNGE LLP and M. S ep ens stephens@GSKlegal.pro RMS:lch Enclosure cc: Lawrence Warren 06/29/2005 16:00 4254536224 GROEN STEPHENSKLINGE PAGE 03 WARNING EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME,OR WHO ICNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER,OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN,OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON: We,the undersigned registered voters of the City of Renton, State of Washington,propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is attached hereto. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase,possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July,in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and,if not enacted within forty- five(45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Residence Address Date 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 06/29/2005 16:00 4254536224 GROEN STEPHENSKLINGE PAGE 04 FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction. 29 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set 06/29/2005 16:00 4254536224 GROEN STEPHENSKLINGE PAGE 05 forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UNO336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UNO431 or UNO432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio,television,theatrical, or opera production, or live entertainment. H. "Public display of fireworks"means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance,to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee"means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee"means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. 0. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. 06/29/2005 16:00 4254536224 GROEN STEPHENSKLINGE PAGE 06 Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief' means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. 'Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. 06/29/2005 16:00 4254536224 GROEN STEPHENSKLINGE PAGE 07 fir sale B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. C. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of $500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit— Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose— Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. 06/29/2005 16:00 4254536224 GROEN STEPHENSKLINGE PAGE 08 Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. 06/29/2005 16:00 4254536224 GROEN STEPHENSKLINGE PAGE 09 Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212-17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohiblted acts--Signal purposes,forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. 06/29/2005 16:00 4254536224 GROEN STEPHENSKLINGE PAGE 10 'r/ w Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. 06/29/2005 16:00 4254536224 GROEN STEPHENSKLINGE PAGE 11 Now B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid,the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY titio)F RENTON 4,7uP, City Clerk Kathy Keolker-Wheeler, Mayor Bonnie I.Walton June 29, 2005 Richard M. Stephens Groen Stephens &Klinge LLP 11100 NE 8th Street, Suite 750 Bellevue, WA 98004 Re: Fireworks Initiative Petition on behalf of the Kennydale Lions Dear Mr. Stephens: I received your letter with proposed petition and ordinance yesterday. You have requested that I respond with any concerns about the form of the petition and the procedures to be followed prior to gathering of signatures or submission of petitions with signatures. I have reviewed the petition document and find it to be unacceptable in its present form, and I offer the following information regarding the form and procedures. The City of Renton is an Option Municipal Code city, and as such, the rules for petitions, format and the initiative process are set accordingly. Attached please find applicable documentation that explains the requirements regarding the Initiative Process and the Petition Format and Rules,plus you will find enclosed an Initiative Petition Form Example. You will see by these documents that the petition form submitted does not conform to the requirements in several areas, including but not necessarily limited to: 1)numbering of the signature lines, 2) space for both signature and printed name for validation purposes, and 3) language on the bottom of each petition page or an attached affidavit to each page where one of the petition signers of each sheet must again sign, stating the number of signatures and that each signature is a genuine signature of the person whose name it purports to be, and that the statements are true as far as he or she is aware. I suggest that your petition form be reformatted to follow the example provided, thus ensuring that it is in compliance with the rules and regulations as stated in the attachments. If I can provide further information or assistance, please feel free to contact me. Sincerely, I&, cz'/ &a.ea-r Bonnie I. Walton City Clerk Enclosures cc: Lawrence J. Warren, City Attorney Jerry Farley 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 RENTON CCOAHEAD OF THE CURVE This paper contains 50%recycled material,30%post consumer $% ® CITY OF RENTON 1055 South Grady Way- Renton, Washington 98055 CITY C*J I( Jerry Farley 16526 Shore Dr. NE Lake Forest Park, WA 98155 l • Exercise of Powers of Initiative and Referendum (Initiative Process) How is the Power of Initiative Exercised in a Noncharter Code City? Only those code cities, which have formally adopted the power of initiative, have it available. If the code city has adopted this power, then it is exercised primarily in the same manner as established for the commission form of government in RCW 35.17.240 -35.17.360. When the Optional Municipal Code was adopted in 1969, rather than set out a new and different procedure for the initiative and referendum powers, the drafters merely provided that code cities use the same basic procedure, which already existed for commission cities. The one exception is in the number of signatures required for a successful petition. Not all types of propositions may be adopted by means of the initiative process. First of all, only ordinances may be adopted by initiative. It is not possible to adopt resolutions or motions by initiative. Other restrictions on the types of ordinances, which may be adopted by initiative, have been imposed by the legislature and the courts and are reviewed on pages 5-9 of this publication. One specific issue that recently was addressed by the Washington State legislature concerned whether or not workers whose task it is to secure the signatures of voters on initiative or referendum petitions could be paid. Paying such workers had been prohibited by state law. However, the U.S. Supreme Court held unconstitutional a similar law in Colorado that prohibited the payment of individuals who circulate petitions because it was held to be a burden on political expression that the state could not justify. Therefore, the Washington State legislature in 1993 enacted RCW 29.79.500. This law is more limited and merely prohibits paying a worker whose job it is to solicit signatures on initiative or referendum petitions from being paid on the basis of how many signatures the worker obtains. Paying on the basis of how many signatures were obtained was considered to be an incentive for fraud in the signature gathering process. Assuming that the code city has formally adopted the power of initiative and that the subject is an appropriate one for an initiative, the initiative process is basically as follows in a code city: 1. The proposer of the initiative petition must obtain signatures on the petition equal in number to 15 percent of the total number of registered voters within the city as of the date of the last preceding city general election. 2. Everyone who signs the initiative petition must add to their signature his or her place of residence, giving the street and the number. One of the signers on each paper must attach an affidavit stating the number of signatures and that each signature is genuine. The petitions must also be in the form required by RCW 35A.01.040. These requirements are outlined in detail in the Appendix that follows. 3. The petition must be filed with the city clerk. The city clerk has ten days from the date of filing to research and determine the validity and adequacy of the signers to the petition. The clerk must attach a certificate to the petition indicating whether or not it has been signed by a sufficient number of registered voters. 4. If the number of signatures is insufficient, then the petitioners have ten additional days to amend the petition. The amended petition is then resubmitted to the clerk. If the clerk finds the number of signatures insufficient a second time, then the petition is returned to the person filing it. Any taxpayer then has the option of filing an action in superior court to determine if the petition is sufficient. 5. If the clerk determines that the number of signatures is sufficient, then the city council has two options. The first option is for the city council to pass the proposed ordinance without alteration within 20 days. The second option is to submit the measure to a vote of the people. Nor 6. The city attorney is to prepare the ballot title. The ballot title is to consist of a concise statement posed as a question and may not exceed 75 words. It is to contain the essential features expressed in a manner, which clearly identifies the proposition to be voted upon. 7. Once the ballot title is filed, the county auditor will notify the persons proposing the initiative of the exact language of the ballot title. If the persons filing the initiative are dissatisfied with the ballot title, which is formulated by the city attorney, they may file an appeal within ten days in the superior court of the county where the issue is to appear on the ballot. They must indicate their objections and ask for amendment. The court will hold a hearing and render a decision certifying the correct ballot title. The decision of the superior court is final. 8. The election on the initiative will be at a general election if one is to be held within 90 days. Otherwise, the election will be at a special election, which will occur between 30 and 60 days. The special election dates are listed in RCW 29.13.020. (See Appendix K). 9. The city clerk must cause the ordinance which will be submitted to the voters at an election to be published at least once in each of the daily newspapers in the city between five and twenty days before the election. If there are no daily newspapers, then publication must be in each of the weekly newspapers. 10. If a majority of the number of votes cast favor the proposed measure, it is adopted and will become effective upon certification of the election results. An ordinance, which has been adopted by means of the initiative process after an election of the people, may only be repealed or amended by a vote of the people. This means that the city council may not merely amend or repeal such an ordinance by council action, as is usually the case. However, the city council may initiate the amendment or repeal of the ordinance by council action and then submit the proposition to a vote of the people. • Nue .err Appendix J (Petition Format&Rules) Rules for Petitions in Code Cities There is a specific statute that contains rules, which apply to the sufficiency of petitions in code cities, RCW 35A.01.040. These rules do apply to initiative and referendum petitions. The rules directly apply only to code cities but they do give guidance for petitions in all classes of cities. The most important of these rules will be reviewed below. 1. The petition may include any page or group of pages, which contain an identical text intended by the circulators to be considered as one petition. The following are essential elements of the petition: • The text of the petition must be a concise statement of the action or relief desired by the petitioners; • All initiative and referendum petitions must contain an attached copy of the full ordinance; • The petition must contain numbered lines for signatures with space provided beside each signature for the date of signing and the address of the signer; • The warning statement which is outlined below must be contained on each page of the petition having a space for signatures; • Any petition, which seeks the annexation, incorporation,withdrawal or reduction of city limits, must contain an accurate legal description of the area proposed for such action. 2. The petitions must be printed or typed on single sheets of white paper of good quality. Each sheet of petition paper that has a space of signatures must contain the text of the petition and the following warning language: WARNING Every person who signs this petition with any other than his true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he is not a legal voter, or signs a petition when he is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Each signature must be signed in ink or indelible pencil and must be followed by the date of signing and the address of the signer. 3. In order to be valid, the petition must contain the valid signatures of 15 percent of the total number of names of persons listed as registered voters within the city on the day of the last preceding city general election. 4. The signatures do not have to all be attached to one sheet of paper, but one of the signers on each sheet must attach an affidavit stating the number of signatures on the sheet, that each signature is a genuine signature of the person whose name it purports to be, and the statements are true as far as he or she is aware. (This particular requirement actually is contained in RCW 35.17.270,which does apply to code cities). 5. Petitions, which contain the required number of signatures, are to be accepted as valid until their invalidity has been proved. 6. A variation between the signature on the petition and that on the voter's permanent registration, which is caused by use of initials instead of the first or middle names, or both, does not invalidate the signature on the petition if the last name and handwriting are the same. `1rr �r 7. Signatures, including the original, of any person who has signed more than once must be stricken from the list. 8. Signatures, which are followed by a date of signing which is more than six months prior to the date of filing the petition, are also to be stricken. This means in effect that signatures are only valid for six months after the time of signing. 9. The petition should be filed in the office of the city clerk. Within three working days after the filing of the petition, the office of the county auditor must proceed with the determination of whether the signatures are sufficient. The office of the county auditor must notify the city clerk of the date on which this determination was begun, and this date is to be known as the terminal date. 10. Any signer of a filed petition may withdraw his or her signature by filing a written request for withdrawal with the clerk prior to the terminal date. The name of the person seeking to withdraw must be signed exactly as the signature on the initial petition. After the filing of the request for withdrawal, the signature of the person seeking to withdraw is to be considered withdrawn. 1 i. Additional pages of one or more signatures may be added to the petition by filing with the clerk such pages prior to the terminal date. 'r'. ..r Sample Initiative Petition Format: (Petition Form Example) WARNING Every person who signs this petition with any other than his/her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he/she is not a registered voter, or signs a petition when he/she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a criminal offense and may be punished by fine or imprisonment or both. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name of the signer, the date of the signing, and the address of the signer. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF , WASHINGTON To the City Clerk of the City of , Washington: We, the undersigned registered voters of the City of , Washington, respectfully direct that this petition and the proposed measure known as Initiative Measure No. and entitled(here insert the established ballot title of the measure), a full, true, and correct copy of which is attached to this petition, be transmitted to the City Council of the City of , Washington and we respectfully petition the City Council to enact said proposed measure into law; furthermore, if the City Council fails to enact this measure that it be submitted to a vote of the people at a regular or special election to be held on a date and in the manner required by the Revised Code of Washington; and each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the City of ,Washington, my residence address is correctly stated, and I have knowingly signed this petition only once. Petitioner's Signature Petitioner's Printed Name Residence Address Date 1. 2. 3. I certify or declare under penalty of perjury under the laws of the State of Washington that the foregoing petition contains signatures, that I am one of the signers, that each signature thereon is a genuine signature of the person whose name it purports to be, and that the statements therein made are true as I believe. Date and Place Signature This Petition may be executed in counterparts and all properly executed and signed copies shall be considered as one complete Petition. *************** -COMM. J 'NAL- ******************* DATE JUN-29-20r ***** TIME 13 54 *** P.01 ,N, ,u, MODE = MEMORY TRANSMISSION START=JUN-29 13 51 END=JUN-29 13 54 FILE NO.= 238 STN NO. Cor AEER NO. STATION NAME/TEL.NO. PAGES DURATION 001 d94254536224 007/007 00 03'14" • -RENTON CITY CLERK OFC - ************************************ -425 430 6516 - ***** - - ********* C)n• City of Renton • City Clerk Division, Rm. 728 v"i i (? 1055 South Grady Way �T Renton, WA 98055 Date: 6-29 2005- TO: T,charal M. Sfeohcns FROM: TOhnle 1.1)411-fon jive?, Ste hens m l l o o ,Sfe 750 Bel�evuc, w4 98C2Oie e,l4y o-e een-l-oh Phone: (1/A6-) VS-3-. ' Phone: (425) 430-6510 Fax Phone: (44 ) 51, 3_4 y Fax Phone: (425) 430-6516 SUBJECT: Fire,.vorts I Number of pages Including cover sheet: 7 REMARKS: ❑ Original to ❑ Urgent ❑ Reply ❑ Please ❑ For your be mailed ASAP Comment review aZtez4.f+ I . tairt l_r 'IlM l A. Ahead of the curve CIT1F RENTON Nov.,u City Clerk Kathy Keolker-Wheeler, Mayor Bonnie I.Walton June 29, 2005 Richard M. Stephens Groen Stephens &Klinge LLP 11100 NE 8th Street, Suite 750 Bellevue, WA 98004 Re: Fireworks Initiative Petition on behalf of the Kennydale Lions Dear Mr. Stephens: I received your letter with proposed petition and ordinance yesterday. You have requested that I respond with any concerns about the form of the petition and the procedures to be followed prior to gathering of signatures or submission of petitions with signatures. I have reviewed the petition document and find it to be unacceptable in its present form, and I offer the following information regarding the form and procedures. The City of Renton is an Option Municipal Code city, and as such, the rules for petitions, format and the initiative process are set accordingly. Attached please find applicable documentation that explains the requirements regarding the Initiative Process and the Petition Format and Rules,plus you will find enclosed an Initiative Petition Form Example. You will see by these documents that the petition form submitted does not conform to the requirements in several areas, including but not necessarily limited to: 1) numbering of the signature lines, 2) space for both signature and printed name for validation purposes, and 3) language on the bottom of each petition page or an attached affidavit to each page where one of the petition signers of each sheet must again sign, stating the number of signatures and that each signature is a genuine signature of the person whose name it purports to be, and that the statements are true as far as he or she is aware. I suggest that your petition form be reformatted to follow the example provided, thus ensuring that it is in compliance with the rules and regulations as stated in the attachments. If I can provide further information or assistance, please feel free to contact me. Sincerely, C)aec-"-i Bonnie I. Walton City Clerk Enclosures cc: Lawrence J. Warren, City Attorney Jerry Farley 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 RENTON AHEAD OF THE CURVE LJ This paper contains 50%recycled material,30%post consumer New Exercise of Powers of Initiative and Referendum (Initiative Process) How is the Power of Initiative Exercised in a Noncharter Code City? Only those code cities, which have formally adopted the power of initiative, have it available. If the code city has adopted this power, then it is exercised primarily in the same manner as established for the commission form of government in RCW 35.17.240 -35.17.360. When the Optional Municipal Code was adopted in 1969, rather than set out a new and different procedure for the initiative and referendum powers, the drafters merely provided that code cities use the same basic procedure, which already existed for commission cities. The one exception is in the number of signatures required for a successful petition. Not all types of propositions may be adopted by means of the initiative process. First of all, only ordinances may be adopted by initiative. It is not possible to adopt resolutions or motions by initiative. Other restrictions on the types of ordinances, which may be adopted by initiative, have been imposed by the legislature and the courts and are reviewed on pages 5-9 of this publication. One specific issue that recently was addressed by the Washington State legislature concerned whether or not workers whose task it is to secure the signatures of voters on initiative or referendum petitions could be paid. Paying such workers had been prohibited by state law. However, the U.S. Supreme Court held unconstitutional a similar law in Colorado that prohibited the payment of individuals who circulate petitions because it was held to be a burden on political expression that the state could not justify. Therefore, the Washington State legislature in 1993 enacted RCW 29.79.500. This law is more limited and merely prohibits paying a worker whose job it is to solicit signatures on initiative or referendum petitions from being paid on the basis of how many signatures the worker obtains. Paying on the basis of how many signatures were obtained was considered to be an incentive for fraud in the signature gathering process. Assuming that the code city has formally adopted the power of initiative and that the subject is an appropriate one for an initiative, the initiative process is basically as follows in a code city: 1. The proposer of the initiative petition must obtain signatures on the petition equal in number to 15 percent of the total number of registered voters within the city as of the date of the last preceding city general election. 2. Everyone who signs the initiative petition must add to their signature his or her place of residence, giving the street and the number. One of the signers on each paper must attach an affidavit stating the number of signatures and that each signature is genuine. The petitions must also be in the form required by RCW 35A.01.040. These requirements are outlined in detail in the Appendix that follows. 3. The petition must be filed with the city clerk. The city clerk has ten days from the date of filing to research and determine the validity and adequacy of the signers to the petition. The clerk must attach a certificate to the petition indicating whether or not it has been signed by a sufficient number of registered voters. 4. If the number of signatures is insufficient, then the petitioners have ten additional days to amend the petition. The amended petition is then resubmitted to the clerk. If the clerk finds the number of signatures insufficient a second time, then the petition is returned to the person filing it. Any taxpayer then has the option of filing an action in superior court to determine if the petition is sufficient. 5. If the clerk determines that the number of signatures is sufficient, then the city council has two options. The first option is for the city council to pass the proposed ordinance without alteration within 20 days. The second option is to submit the measure to a vote of the people. Nor fir' 6. The city attorney is to prepare the ballot title. The ballot title is to consist of a concise statement posed as a question and may not exceed 75 words. It is to contain the essential features expressed in a manner, which clearly identifies the proposition to be voted upon. 7. Once the ballot title is filed, the county auditor will notify the persons proposing the initiative of the exact language of the ballot title. If the persons filing the initiative are dissatisfied with the ballot title, which is formulated by the city attorney, they may file an appeal within ten days in the superior court of the county where the issue is to appear on the ballot. They must indicate their objections and ask for amendment. The court will hold a hearing and render a decision certifying the correct ballot title. The decision of the superior court is final. 8. The election on the initiative will be at a general election if one is to be held within 90 days. Otherwise, the election will be at a special election, which will occur between 30 and 60 days. The special election dates are listed in RCW 29.13.020. (See Appendix K). 9. The city clerk must cause the ordinance which will be submitted to the voters at an election to be published at least once in each of the daily newspapers in the city between five and twenty days before the election. If there are no daily newspapers, then publication must be in each of the weekly newspapers. 10. If a majority of the number of votes cast favor the proposed measure, it is adopted and will become effective upon certification of the election results. An ordinance, which has been adopted by means of the initiative process after an election of the people, may only be repealed or amended by a vote of the people. This means that the city council may not merely amend or repeal such an ordinance by council action, as is usually the case. However, the city council may initiate the amendment or repeal of the ordinance by council action and then submit the proposition to a vote of the people. Appendix J (Petition Format&Rules) Rules for Petitions in Code Cities There is a specific statute that contains rules, which apply to the sufficiency of petitions in code cities, RCW 35A.01.040. These rules do apply to initiative and referendum petitions. The rules directly apply only to code cities but they do give guidance for petitions in all classes of cities. The most important of these rules will be reviewed below. 1. The petition may include any page or group of pages, which contain an identical text intended by the circulators to be considered as one petition. The following are essential elements of the petition: • The text of the petition must be a concise statement of the action or relief desired by the petitioners; • All initiative and referendum petitions must contain an attached copy of the full ordinance; • The petition must contain numbered lines for signatures with space provided beside each signature for the date of signing and the address of the signer; • The warning statement which is outlined below must be contained on each page of the petition having a space for signatures; • Any petition, which seeks the annexation, incorporation,withdrawal or reduction of city limits, must contain an accurate legal description of the area proposed for such action. 2. The petitions must be printed or typed on single sheets of white paper of good quality. Each sheet of petition paper that has a space of signatures must contain the text of the petition and the following warning language: WARNING Every person who signs this petition with any other than his true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he is not a legal voter, or signs a petition when he is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Each signature must be signed in ink or indelible pencil and must be followed by the date of signing and the address of the signer. 3. In order to be valid, the petition must contain the valid signatures of 15 percent of the total number of names of persons listed as registered voters within the city on the day of the last preceding city general election. 4. The signatures do not have to all be attached to one sheet of paper, but one of the signers on each sheet must attach an affidavit stating the number of signatures on the sheet, that each signature is a genuine signature of the person whose name it purports to be, and the statements are true as far as he or she is aware. (This particular requirement actually is contained in RCW 35.17.270, which does apply to code cities). 5. Petitions,which contain the required number of signatures, are to be accepted as valid until their invalidity has been proved. 6. A variation between the signature on the petition and that on the voter's permanent registration, which is caused by use of initials instead of the first or middle names, or both, does not invalidate the signature on the petition if the last name and handwriting are the same. Aver 'fir' 7. Signatures, including the original, of any person who has signed more than once must be stricken from the list. 8. Signatures, which are followed by a date of signing which is more than six months prior to the date of filing the petition, are also to be stricken. This means in effect that signatures are only valid for six months after the time of signing. 9. The petition should be filed in the office of the city clerk. Within three working days after the filing of the petition, the office of the county auditor must proceed with the determination of whether the signatures are sufficient. The office of the county auditor must notify the city clerk of the date on which this determination was begun, and this date is to be known as the terminal date. 10. Any signer of a filed petition may withdraw his or her signature by filing a written request for withdrawal with the clerk prior to the terminal date. The name of the person seeking to withdraw must be signed exactly as the signature on the initial petition. After the filing of the request for withdrawal, the signature of the person seeking to withdraw is to be considered withdrawn. ii. Additional pages of one or more signatures may be added to the petition by filing with the clerk such pages prior to the terminal date. ' ti,.► wrr+' Sample Initiative Petition Format: (Petition Form Example) WARNING Every person who signs this petition with any other than his/her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he/she is not a registered voter, or signs a petition when he/she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a criminal offense and may be punished by fine or imprisonment or both. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name of the signer, the date of the signing, and the address of the signer. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF , WASHINGTON To the City Clerk of the City of , Washington: We, the undersigned registered voters of the City of , Washington, respectfully direct that this petition and the proposed measure known as Initiative Measure No. and entitled(here insert the established ballot title of the measure), a full, true, and correct copy of which is attached to this petition, be transmitted to the City Council of the City of , Washington and we respectfully petition the City Council to enact said proposed measure into law; furthermore, if the City Council fails to enact this measure that it be submitted to a vote of the people at a regular or special election to be held on a date and in the manner required by the Revised Code of Washington; and each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the City of , Washington, my residence address is correctly stated, and I have knowingly signed this petition only once. Petitioner's Signature Petitioner's Printed Name Residence Address Date 1. 2. 3. I certify or declare under penalty of perjury under the laws of the State of Washington that the foregoing petition contains signatures, that I am one of the signers, that each signature thereon is a genuine signature of the person whose name it purports to be, and that the statements therein made are true as I believe. Date and Place Signature This Petition may be executed in counterparts and all properly executed and signed copies shall be considered as one complete Petition. CITYF RENTON City Clerk Bonnie I.Walton Kathy Keolker-Wheeler, Mayor June 30, 2005 Richard M. Stephens Groen Stephens &Klinge LLP 11100 NE 8th Street, Suite 750 Bellevue, WA 98004 Re: Fireworks Initiative Dear Mr. Stephens: I am in receipt of your faxed letter dated June 29, 2005, with revised petition form. You are correct that an amendment to RCW 35.17.270 deleted the requirement for a signed affidavit authenticating each petition page. In my haste to respond to your request, I had relied on older MRSC resource material without verifying RCW citations. I apologize for that mistake. Therefore, I see no problem with your having eliminated that particular language. Regarding the margins, I feel that as long as there is a three-quarter inch margin all around the page to allow for accurate photocopying,that should be fine. Use of either 8 %2"x 11"or 8 'A"x 14"paper for the petition should be fine. As we just discussed on the phone, your form does not indicate it is being filed with the City Clerk, and it does indicate language regarding enactment within 45 days from receipt by Council. Please know that the petition is first filed with the Clerk and then determination of sufficiency is made,which could potentially take several weeks. After sufficiency is determined, then the petition is presented to Council for action. I mention this in case you want to revise the language in the petition, so citizens are not expecting Council action within 45 days of the date it is filed with the Clerk. Lastly, I have not addressed the proposed ordinance you have attached to the petition. Any comments regarding ordinance format or content would need to come from our City Attorney. Sincerely, cda&,-, Bonnie I. Walton City Clerk cc: Larry Warren, City Attorney 1055 South Grady Way-Renton,Washington 98055-(425)430-6510/FAX(425)430-6516 RENTON COHEAD OF THE CURVE _, This paper contains 50%recycled material,30%post consumer rr+ GSGROEN JOHN M.GROEN TELEPHONE &K STEPHENS&KLINGE LLP CHARLES A', ENS (425)453-6206 DIANA M.KIRCHHEIM FACSIMILE ATTORNEYS AT LAW (425)453-6224 11100 N.E.8TH STREET SUITE 750 BELLEVUE,WASHINGTON 98004 CITY OF RENTON JUN 2 7 2005 June 24, 2005 RECEIVED CITY CLERK'S OFFICE Bonnie I. Walton, City Clerk Lawrence J. Warren City of Renton Renton City Attorney 1055 S. Grady Way Warren Barber&Fontes P.S. Renton, WA 98055 P. O. Box 626 Renton, WA 98057-0626 Re: Fireworks Initiative Dear Ms. Walton and Mr. Warren: On behalf of the Kennydale Lions, we are submitting the attached petition for which we will be soliciting signatures. Please let me know if you have any concerns about the form of the petition or whether you have additional procedures which must be followed prior to the gathering of signatures or submission of petitions with signatures. Thank you for your consideration of this. Sincerely, GROEN STEPHENS &KLINGE LLP Richard M. Stephens stephensna,GSKlegal.pro RMS:lch Enclosure MY OF MOON JUN 2 7 2005 PETITION RECEIVED To the City Council of the City of Renton: CITY CLERKS OFFICE We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase,possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty-five(45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. WARNING EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. Name Address Date FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit — Conditions. 6 License required prior to issuance of permit. 7 Public display permit — Granted for exclusive purpose — Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts — Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction. 29 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization grN tedby the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. 0. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of $ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. C. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of $500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of $ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit — Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit — Granted for exclusive purpose — Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty- seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11 :00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11 :00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11 :00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1 :00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311 ; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty- eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty- seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212-17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts — Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. *************** -COMM. J` NAL- ******************* DATE MAY-25-22' k**** TIME 17:04 *** P.01 S4004 N1110 MODE = MEMORY TRANSMISSION START=MAY-25 17:01 END=MAY-25 17:04 FILE NO.= 158 STN NO. COM PEER NO. STATION NAME/TEL.NO. PAGES DURATION 001 OK s 92063637575 004/004 00:01'57" -RENTON CITY CLERK OFC - ************************************ -425 430 6516 - ***** - - ********* Y rj tCity of Renton i` City Clerk Division, Rm. 728 �N2 1055 South Grady Way Renton, WA 98055 Date: \-6--R5-024y TO: —9 6 Z Z 4 1 i—12 21%il FROM: Xiell,A4.4 4 C/ ZAL �. Pte- 9r/55 Phone: (kg.) 7/3- 996' Phone: (425) 430-6510 Fax Phone: (ap(,) 33- 7575 Fax Phone: (425) 430-6516 ISUBJECT: Py LIZ I Number of pages including cover sheet: REMARKS: ❑ Original to ❑ Urgent ❑ Reply ❑ Please ❑ For your be mailed ASAP Comment review a ,0 16/1114-ii ' ' az.i Cli 0, o- t- . _ a4.41 e , i 64-21-(A-4-' 1Xki'1Lvl._IL. Ahead of tho curve t------ .. Sample Referendum Petition Forma WARNING Every person who signs this petition with any other than his/her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he/she is not a registered voter, or signs a petition when he/she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a criminal offense and may be punished by fine or imprisonment or both. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name of the signer, the date of the signing, and the address of the signer. PETITION FOR REFERENDUM To the City Clerk of the City of , Washington: We, the undersigned registered voters of the City of , Washington, respectfully order and direct that Referendum No. and entitled (here insert the established ballot title of the measure), being an ordinance passed by the City Council, a full, true, and correct copy of which is attached to this petition, shall be referred to a vote of the people pursuant to state law for their approval or rejection at a regular or special election to be held on a date and in the manner required by the Revised Code of Washington; and each of us for himself or herself says: I have personally signed this petition; I am a legal voter of the City of , Washington, my residence address is correctly stated, and I have knowingly signed this petition only once. Petitioner's Signature Petitioner's Printed Name Residence Address Date 1. 2. 3. I certify or declare under penalty of perjury under the laws of the State of Washington that the foregoing petition contains signatures, that I am one of the signers, that each signature thereon is a genuine signature of the person whose name it purports to be, and that the statements therein made are true as I believe. Date and Place Signature This Petition may be executed in counterparts and all properly executed and signed copies shall be considered as one complete Petition. I http://www.mrsc.org/printfile.aspx?prntPath=%2fPublications%2fFiles%2fTEXTINI.htm 5/24/2004 Revt-i-o n 1Y u n i c toa/ ode: s-as-041 1-2-2 INITIATIVE AND REFERENDUM: In pursuance of chapter 81, laws of 1973, 1st. Ex. Session (Senate Bill No. 2190) the City of Renton hereby elects to adopt, as a non-charter code city, the powers of initiative and referendum as set forth therein. Any and all ordinances hereafter passed and adopted by the City shall not go into effect prior to thirty (30) days from the time of final passage and same shall be subject to referendum during the interim except the following ordinances: A. Ordinances initiated by petition; B. Ordinances necessary for the immediate preservation of public peace, health and safety or for the support of City government and its existing public institutions which contain a statement of urgency and are passed by unanimous vote of the Council; C. Ordinances providing for local improvement districts; D. Ordinances appropriating money; E. Ordinances providing for or approving collective bargaining agreements; F. Ordinances providing for the compensation of or working conditions of City employees and agents; G. Ordinances authorizing or repealing the levy of taxes; and all such excepted ordinances shall go into effect as provided by the general law or by applicable sections of title 35A RCW as now existing or as hereafter amended. All powers of initiative and referendum shall be exercised in the manner set forth for the commission form of government in RCW 35.17.240 to 35.17.360 inclusive, as now or hereafter amended, except as otherwise provided in this Section 1-2-2, and except that the number of registered voters required to sign any petition for an initiative or referendum shall be fifteen percent(15%) of the total number of names or persons listed as registered voters within the City on the day of the last preceding City general election. (Ord. 2798, 9-10-73) Revl'sed Code 04 WaShin94oh: RCW 35.17.240 Legislative -- Referendum -- Filing suspends ordinance. Upon the filing of a referendum petition praying therefor, the commission shall reconsider an ordinance subject to referendum and upon reconsideration shall defeat it in its entirety or shall submit it to a vote of the people. The operation of an ordinance so protested against shall be suspended until the referendum petition is finally found insufficient or until the ordinance protested against has received a majority of the votes cast thereon at the election. [1965 c 7 § 35.17.240. Prior: 1911 c 116 § 22, part; RRS § 9111, part.] RCW 35.17.250 Legislative -- Referendum -- Petitions and conduct of elections. All provisions applicable to the character, form, and number of signatures required for an initiative petition, to the examination and certification thereof, and to the submission to the vote of the people of the ordinance proposed thereby, shall apply to a referendum petition and to the ordinance sought to be defeated thereby. [1965 c 7 § 35.17.250. Prior: 1911 c 116 § 22, part; RRS § 9111, part.] Rules for Petitions in Code Cities There is a specific statute that contains s which apply to the sufficiency of petitions in code s, RCW 35A.01.040.These rules do apply frinitiative and referendum petitions.The rules directly+s¢ply only to code cities but they do give guidance for petitions in all classes of cities.The most important of these rules will be reviewed below. 1. The petition may include any page or group of pages which contain an identical text intended by the circulators to be considered as one petition.The following are essential elements of the petition: • The text of the petition must be a concise statement of the action or relief desired by the petitioners; • All initiative and referendum petitions must contain an attached copy of the full ordinance; • The petition must contain numbered lines for signatures with space provided beside each signature for the date of signing and the address of the signer; • The warning statement which is outlined below must be contained on each page of the petition having a space for signatures; • Any petition which seeks the annexation, incorporation,withdrawal or reduction of city limits must contain an accurate legal description of the area proposed for such action. 2. The petitions must be printed or typed on single sheets of white paper of good quality. Each sheet of petition paper that has a space of signatures must contain the text of the petition and the following warning language: WARNING Every person who signs this petition with any other than his true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he is not a legal voter, or signs a petition when he is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Each signature must be signed in ink or indelible pencil and must be followed by the date of signing and the address of the signer. 3. In order to be valid,the petition must contain the valid signatures of 15 percent of the total number of names of persons listed as registered voters within the city on the day of the last preceding city general election. 4. The signatures do not have to all be attached to one sheet of paper, but one of the signers on each sheet must attach an affidavit stating the number of signatures on the sheet,that each signature is a genuine signature of the person whose name it purports to be, and the statements are true as far as he or she is aware. (This particular requirement actually is contained in RCW 35.17.270, which does apply to code cities). 5. Petitions which contain the required number of signatures are to be accepted as valid until their invalidity has been proved. 6. A variation between the signature on the petition and that on the voter's permanent registration which is caused by use of initials instead of the first or middle names, or both, does not invalidate the signature on the petition if the last name and handwriting are the same. 7. Signatures, including the original,of any person who has signed more than once must be stricken from the list. 8. Signatures which are followed by a date of signing which is more than six months prior to the date of filing the petition are also to be stricken.This means in effect that signatures are only valid for six months after the time of signing. 9. The petition should be filed in the office of the city clerk. Within three working days after the filing of the petition, the office of the county auditor must proceed with the determination of whether the signatures are sufficient.The office of the county auditor must notify the city clerk of the date on which this determination was begun, and this date is to be known as the terminal date. 10. Any signer of a filed petition may withdraw his or her signature by filing a written request for withdrawal with the clerk prior to the terminal date.The name of the person seeking to withdraw must be signed exactly as the signature on the initial petition. After the filing of the request for withdrawal, the signature of the person seeking to withdraw is to be considered withdrawn. 11. Additional pages of one or more signatures may be added to the petition by filing with the clerk such pages prior to the terminal date. http://www.mrsc.org/printfile.aspx?prntPath=%2fPublications%2fFiles%2fTEXTINLhtm 5/24/2004