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HomeMy WebLinkAboutFireworks Initiative Petition - Vol 1 V/ -y- CITY OF RENTON CITY OF RENTON FIREWORKS CONTRSECTIONOL ORDINAN0:P ID: 28 NOV 01 2005 SEGMENT: 1' ( 21 ) SIGSISEC: 20 FROM: 1 RECEIVED TO: 20 ( 40) : WARNING CITY CLERKS OFFICE ' 2 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. Signa .re Printed Name Address Date 1. di> A.e . �' , Sri I � 1. V 1/1 4�d (loy 2. %P ` 6y /-4/;)/: 5> u#2 N. Jg7 Go%rC�c//C/4 'i C�GQ' Q -� , 0% �f /5 .. �.. ti ii%Z.1% • 0 .. "�;I t.. • ) G5 d am' h,c,- • l --eD 7. , - -41rG1/GUS C-�rI/de ( 5i%0 S 8./_. - e / 4i#i fry / sq.2/7/1i. ri 9Z`I Co-0-140- . r( a U i - �'/, l•u "�y l o� 101 . are , /rot 1-14 Vi' n -k-sn .1 r1'1(? If 19,01 Arritoq-roydic u)x. 12. 1� IQrCI C� ��- 13. ahafijignc�dC_.JVI Q(I-QA., 5 hA.ri. civ, 5chr-2..t Izt, Q s- t10 yr i►'itin ca 11! NE" k-ltG� 14. 11 VI_II\ i-- / Z a A l Z"S N r� t\�c,tr cv puC r�l t'o r.t '. c`S 05ra 15. ?c� ,�- U�/, C'_ C�CL 33og Le 6z?l?Jv G "14°7 C' Lcl4 16. /257.7 t b(A)1We5 � (Z NC (It) Si '(e 44T? e 2-r- 17.7 6', 4,16 4,,,e, l' ;7�/�:�Ct Ycin d 3l0 /14- 19. !q_t) Vele\VM 14te \n6tk. -1016 • 20. G` �S cab 6 % v1 Z.ti., /5' F/'r (D.r 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 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 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. O. "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 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. - - CITY. _ r(ENTON iPw - \ -- - - - , CITY OF RENTON ,� FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 1 SECTION NO: 1 NOV 0 1 2005 SIGS/SEC: 20 FROM: I ( 1 ) TO: 20 ( 20) WARNING RECEIVED 1 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. -{� S. n ure Printed Name Address #� ��1�/ ate ivlu r) P 143oKdm E..e. a 8 406 2./ %7U-' /-ram s--;-&f#6.v J'g:I-4, 2-z Z 3 r3e-nr °.4 0 .5- Atc—d j' ,2Se 6 C 3. G' ?` Iiui cli v1(Ct ii C' I�1,c°<//i 2223 bin /�(S cc/d' R -Cfr- 4. /c 1 / • /c j.„..7..e.._ a,�3 ig,ehp n s ego a01 s.-;s -os- s. cam . SDA (HG H►/1 e 1/z7s-fr:-.)c— , 6. RiggiAek, 'Rki rein R . t, '4 �'c�c)- VW U I&&4302 1ewa (),36 Rix g 7 �Lu � L �e +� /14) Ll30 DI,Il i4u e ,/-/v 70 s 5.-- 8' ' L' 2sl/, � 1� b3iii,,e , 5'Z iL 5i' z t �2 / ` 9. / "ri jurx,,k 10. I-___ 3 ALL eNb, PF yin . z-5-/' 101.) y`'i/ 11. `�0 Z�•F✓�re��b/ L.223 Beime„ e� � 19" V VsTr® r a 12. k v._ '`"c-�-(v �r�.. 7•L' `S � a,t- , • - ; fl j .en ✓� ' l' O //.---e.S op 14.\— Ti_VW WIl -3-3 's eYlSZil 'W ok° ,-) glaS 15. it.,"*---.. -- 77,0//alkiP49- 1 ( 7/4,.,,? 44.5:)/z- /FC140 7' CV-6-4i'S' 16.�jnni ' l •,,nrir 11 r--t6) •22 rs (2,4 S. 3P--info 4 '. , �f/LG� . .J'' `I i��LW laa3 .A,c,/N • , •` / 18 Z 19. / 1. I t...• fc�vA ael` c e' fZo �' cr ZS 0; 20. • L2-2 -- 1✓ti 2.o Z 'CS r'CS 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 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. I. 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. O. "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 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 ROW 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. 'lb, CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAL ID: 28 A' SEGMENT: 1 SECTION NO: 3 NOV 0 1 2005 SIGS/SEC: 20 FROM: 1 ( 41 ) TO: 20 ( 60) WARNING RECEIVED 3 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. Signature — Printed Name Address Date n car ton/ eqv.-6b-40 1. - /#1% C. PR 363 b tV:i, / g Z.7-0 c .F oL2 ±2Zf5T'o.20,‘ ev-L.13 5 7- 3- - //z i3c 1 - - 3 / l c q I6 Re„, ati f hS6 Vair - liti9 �� ,E ofDo4.&,,A, 0 -. .. , - i N4 S ;/l ���( gc��b Wa 40S 5. 7, lU a3doo5 �.vell�� `�ia�ry/gsot 6. i • . / 67( ,ddf ,.),,..v. • e z':i 8. �. �d)M///)i.i//4 Z27/ k," � L/Ise'Zt�2Lg iiAe/ee _ f'f tg/Z-2/ 9. t- 1%c& l�� L. T4/6 l 6Vi rgG y C7 n/+c5fr fr t i 10. \I\ c_\A V(6 '4 eo r 11. i i).- L� Ill % Ia vv,, l!� _ e . Tr U 2 i f v es _ 61 Syrc 12. FLA/At Lt.; 6 - u-jJl c--� B / c1 --L..cs o cu-e—-S _ q 3 r 13. r r E'�v\ �- 'C)&I "ICAey t• h ' lZQ.:`mr\ o • t& 6 14. / --,--�1 o C�y �7, S_� l �2 , -tc�-,15. I� JsI if ' ii X ! 1 , ' .luA ) l 36 JA V 6--iri- 0.4 • --j ]6. ���� t‘ k�j -10 o a e, -1A v ;z 1"AO( i s 3- i c h x(e, k2 -a J 1 11 - /✓L � IC • 6f `- -I -..jib +► •'el , .Ilan T� o 18.'�/. �/f� /j? 1 5 " a /2cc/ X, �4 ge)5!4.404) a 3'' 19. i A , . , _. . _ L ' KC(' &s _ S e.<' S t . In i 'C- E Os 33 L' fr/.� Gi9/4/ 4 �/ei.4 /�r5?5,, ✓1r—Flak-- ,e✓6' Air' 20.. �� / 54rifl og,/444 9OSie'.2.3-CAS •0 . 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 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 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. O. "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 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. • CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: I SECTION NO: 4 NOV 0 1 2005 SIGS/SEC: 20 FROM: 1 ( 61 ) WARNING 4 TO: 20 ( 80) 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. • Signatur P rinted Name Address Date 1,, ;;;; ;. � f - 2 Ecc-IN d 1. } . sw co//w ., 7g.; 2. . �a�a/ ,l/r.e 179Cee,-ti,9/C, /We 6 ���/©� 3.: , l./'✓,, P,tr ►-, P (o _ EL- ' ► It 4 -;r J 1 4- ),, 1 9// lei,ll a441 c kilikl , / V os- _ 5. • ---" ) ,--/L 7 f'zllc Y Cr y /Cr j 7/476c- 7. +I n q�r-e. S.-I C U,e cL,4- LE 16 8.., (�, 4 , kr 4i. �1 axt eH ) bv - 53o l.o t :tc&v ' � c /it /& , 9. w - • 't of 1/144-e-14 , 5,)-,«�(.e- 1 zk -1- (, ,,� ((r6yl o� 1i r fi ndeY'50�'50� 13l5 sk. i31iHP 12 /O Ofit; \0Y1610N)Y1Qa men -Z?2 N Si- 75-I4-c " 3 lrliPC/r Get tr; 9Rc___ ZIN___ _A3_SA_11_-- B . 14. Ogs 4. .(1-N)6) ///U� L�� ( ,ZinKe /3/O ynciek Aue �c: /4-D3� 15. / ,d/,<E14/,�'d 1�e,1__ dF'c 9 ec"ne e- / -05 16. � ►`L� �. l 5 i 1.�)�2x 5 ` •S SG J /S/-65^ 17. V-e beg gL/nU� L( /0 / � Z—Ndev , A-1y 11 , ^/ v 18. C✓y' fr i 1/�X1 /AZ/ ( ()O ) S 1S.2© i J(1-q �/fI/` /y�5- pcafir i c k if; fro.0,rs 19. - /A-(' fir. — / 6-- - M�d�x lJ LIP, Al,E. -.yam, � IS.. � �P��!_ci 20. ,a� eceii R/ewhC9 fr 1 r ',rG(e r cr c e /(/z '-6_ 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 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 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. O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. i 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 ROW 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. CITY OFl Eo;ir_,j CITY OF RENTON FIREWORKS CONTROL ORDINAI, ID: 28 SEGMENT: I SECTION NO: 5 SIGS/SEC: 20 FROM: 1 ( 81 ) RECEIVED 5 TO: 20 ( 100) , WARNING 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. Signature Printed Name Address Date 1. , FL iii �: V I`i-'�rA S�NA�e,,� �� t I( U,��,� .7 & e. , s 7 / •? c� 2.l f /1,y;,G �� �i,�, �r 11 1��.��Th (i_o./.e./1 (� I7,,z.e// �[r•%Stzi7,�.r1/i7 4' .2 - ,r�_6��- .- 3. �'1 `-�'�/� /�St, .e r� I�� `?f1) [i/(j�i(i .2 i� 91�� fib' ' (f �`�, � 4. /�' , �- G� l'Zs II;�S Cloy ' ` Cv/ /r `1--6 5. , ), / Kaf l ocyat. . �,NL- f,�t k ` 7 1 /; 6. � tc -(')4,-�� Vp1'� i,rt',�:_o `��;,� t�.g d/(Wl 7. eJ V(l c lZ. !i{Jj¢ r y S (p iliJ 7 i; r 4 II .-v-eb� 8. 'l ,lzf:L ��011 cetLdJ k � Yl;'\Jn �Y5�5 (ACuri��l 41�1 f t,[d E< 1 t'i, I r) p� d 9. i ,4 '--Pi C S-=`-- I (i-f I c lr/(✓ICJ 25 �� ��'L -pc 111t 0) 10. L ' ,, j/� 7ss ,ki4,7, AL edt, `74.25 11. , ' ` oR,vl C c 1,1)ki l lT 33 3 Vvicologat Pe../V>/.(p 209 7-3- 05 1 _ Okft4 f,( øôv /.3 r s Y., /U (:,°5� 13. „ a(tr c C.)h n,( , Q.-- 3(o D.- o�_cio� t R-2- 14. ' -at u l�riu6) 2(29 '4E. 26 r�N ,7 . ZE iWA .9 °°S-- ( ,, I`i-_Lik__C� 17 -1 I f�,�- �UG11 Y N 11511.fcviva,�� , -1 c'�'� rf- —r0 S 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 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 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. O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. A 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. /I� • • 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. CITY OF RENTON CITY OF RENTON 1 FIREWORKS CONTROL ORDINAL ID: 28 SEGMENT: 1 SECTION NO: 6 NOV 0 1 2005 SIGS/SEC: 20 FROM: 1 ( 101 ) 6 TO: 20 ( 120) WARNING RECED CITY C ERKl 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. Signature Printed Name Address 364 Date �-e L (iol�f 1. 1 �1(� S�2UP�,sce Pam. , p7 /7 6s' 2. L°h( /4 570 sl-„-05 fly 9vu4-7,7\ -�— ( -7— 1 3. f*A-614 (v) s soMi L -I'1-o 4. ,)" e.(\s \ CeiVabei2-5&%, ,,A.04ca- 9-_9-s.,-,16 5.4Le , 4cr okmvirA 5ds' ..��r.7, v �� r �.3c5 6. 4,.././i- • / �cf../ i r� r�-e, ° ")lJ S' �Iv.�� ld--d'• �� fl - 7. _ ,.fir r 5e-0/T1—L Z-Yam✓/S 5/D fe!/2, 5 4am J`2' .1— oiy 79 8. �,1... L ./ rr � ' �iJ=!/1 �/, sir _; :.� ® ,� � o. ,� f / l ii,z :Zf/A// //7iE '5io �- k`1 v 4 //ate vq- APMIA, 11. 4u,- 1 LI Svt-L;1� 510 Sf�ve, T 1¢UQ Sw RQ�-i?ael (.�1--gbk;` 12.+ i17J ' l�'.�"/f. `� ,,t- '►-0r)P �° lnX �— `?�C��-- v. '6' A-4(&�' A, •,-e c'�ci/r Ds 13. . a/ Jri,,. E. (41,r-4I Pb .fhifF"a 4l61 `-'4°84-10n tc5f 7/0/Zoos c'(:)S'. 14-: h) ,,ib X 4 dele .6 144 les 6dO z, 15. i � � En I '114 of 36 rl �r -7117c 16. �r � und A-- -- _1 : ( . , L ,. J 4,ei ✓--/7-c° S_a` e_ 17. 7 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 1 SECTION NO: ' NOV 0 1 2005 SIGS/SEC: 20 FROM: 1 ( 121 ) TO: 20 ( 140) 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. Signature Printed Name Address Date c 1)/1/". , A-40 - rWd././7/re7 14°..;j'Ar* I 3d °Pe .::';., 1 -',/ 1 Ai 7%0 -2-7 6 "' 2,,,.. . e ,A.Ande I .3.knvizaxiotz) igex-A1 98-a93— 9 fa-9/' . 3'. a44 .616.4 tff a r/.T.i A he rfs . ,?; ge ./m de. 4) 7�o.�.c ?-tZY=69s--' 4. •a, /4 c f4, ,, -.` e.vtt-i t,4 wwct -.. (,7 ern.,e c..cio c�.> c 42 At %23:90 Q s 5i/1,47)f ,e ' /;,(zA-A/C,Cs .E=Pam? ' trA .ui ,go /✓ `/ Sa �.s' 6e'Ait P '..)e FA-if 4 P1 /�g/�' 3H • m�;�pdrI) 4i I' - ���� i 7/a y�s" 7. 4''_ ' / 963/ , A ,..., , �e 2 -S �W/l./l�4 ,�tP/h u c /j/U 7 >-,5-f - �t�.,.4i,,t, froir/: 47e A C- �fCs 9. b• b }•1 Avw,ir, 1 etas ' 30,0 ae,rAeao kw. N (Nextwo 93-ram]/:�cil6, / _ r 10. �1 mike. ,�L� .OXC�ne. ?k ppS 360 Gc,, den✓ 41 o Rer7 5h Lgn57q 2 11.f •r"..-i / � -vcr - . / • I.) .•e•i.. - - irP4 r ` A ) ,a 01�,� � iit F``r '�A` Lf p` atom lo 7 .. *-?, (),16 ek,, ' 4' . fAJAPVIP-e' . I ' 7 14. . fr --,_ 5,f�- Y i C'L,_c, 33'© ,%'iC ,i_„= .7e055 .,'/•z-f/ S 7 15. ,.1 // I/ 4e//o <Ze.Gi' 3� Z "k:' 1(_cikg. v. q ro;5 y 20 ?mod- a . d (4 , . WPr''.111L.; LST • 18. ' IrS_Mr'i e72/g. / Nit/ / 'ef//1 % ,L d 19. IL., . , [n.: �_ INEW ,. . L 0-7 0 77 20. 0'at/7 /all L.A i'izy/ L(c:H-117 267 rf7to a< lilt& S kJ %KC elAt 05 I 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 1 SECTION NO: 8 lb 0 tl 0 1 2005 SIGS/SEC: 20 FROM: 1 ( 141 ) 8 TO: 20 ( 160) 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. Signature Printed Name Address Date 1ott- &Pt/1AR 15 Gc1tmm kc0l 2. iiroOL s - Ma tk k-,c1'1 „ ..0 1l NI 'R i 9O I G ` 3. �' ;� /?'k y c'il<1 -P ( z T 1g 0s1 y 4. it - _ - .• • lb' "1 a ,Z. — e- .- :'r 1-27()5- ii. ''// '—®7-ids' 6. .. ��R� �i on/ 300 �licE,+�'lplST �7L IJe�. y��/3 TAn� itij'R ��, Or6 7. W- v? OAkittlAt7 1/Uuq�Cf6(P 8. I ;�► � e �� Vu„g/sau'y�C 2��z/Vila fC 2a 2 �f-ttf"p r _ � � ,A��t-' # 5/ 1' ( 1 . °s S� iSS 1 tr. / , -� l ivele #1�4-x4� 9� O it1 nnk 4in A/ IP . / 1P iJ17A�U 4zzo /UE ?,J > OA- �- � ! �/ t ii 1 _ 12. nt? alb' JC7 `Pi P k) -e-bb .375 t,�jv?cod a_oe S �g �J''7NS / .�^ q7 .5 13. c�o��c`D ? g SL/2 i'C G 1�.2�i7 h 595 t e„,/fir- �f/ oz e ec,''7r-il .I7 1 r �� /f /K4',.,.4 �,! it(44 N l(14res'i LANe �j4 ,!; _ S gG— / a Opt 51• PT -y2(=lil-T 16. 1 _Wi ((b ( wr c JIkea 97-65 17. I fl tt o- k C - `�41.6 Q$bSS S v(6405 18. 40 .ry' /a)44/ez,,0q k) 19. ARK Q reicrrihic 1 .f l( („ n-Tel/9 5 n dc 20.C. l I R -�.�s��� - 3i) ./J g I1-k 5J . ge.)- 14) 7o(4 /o 7/o.5 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 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 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. O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. v 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. CITY OF RENTON CITY OF RENTON �A FIREWORKS CONTROL ORDINAP ID: 28 NOV 01 2005 SEGMENT: 1 SECTION NO: 9 SIGS/SEC: 20 FROM: 1 ( 161 ) RECEIVED 9 TO: 20 ( 180) WARNING 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. Signature/ Printed Name Address Date /?089Y40''1-7s Lit) '92, y4..v, -((,ors- s. -5" • )� 41 •'b Set c 4. (.4 ,i/ r c'I I C` 6 'j � �s. `' - S5 g ' 5 ,��" `��-y��, L� - le' er Wl�t ' r�S : �:- ,�_. � � � 6. �� �� 21 VJ�u � A�� 7. Wirarr Ie : ' 0 • 75— -!I /�A 0�'7 WA. I--Yr69. NC.,64L1 S 'IT .=-..1` " P 1839 qsoss- yie/ lo. //`vin7l�y : CO6- Eta.. L� cool 6 A f i Av_, s. ?Sc ,5 9-/e- 5.. M 't r �>2�-.4 �r I/ �.,.. 1 y��, �} T , 2 e%�S 1 1. �i S,� /�,,j' not��i l�r..�l �• �t�yllf��>�tY I �s9 P ? 12. r _ al i k II! a ' ' L1 13. 2 V v//-n/_ 6 I Sr laVS' -ldl S 7 (126Sg 14. Tl 01 S EJu c)55. 15. d(n/" � /L l / i,Vvl/ ' I L Z i Z i12-- S� i . I/AP/ /.. - ���.r c- S i # . 2 5,:�' s'`Sf / i), 117. sp �. _ , , Cl . �'C +�j� ' . o � 19; d K! r oi� ,�1,5 0/% fi r✓ /�C.�-G'• p 9 tai/(c 20. _ I, Yi 5 ac.rh S J CJI�/ fib r .&ei f' 5 E Sl/t/iq geoss— ) 4 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 1 SECTION NO: 10 NOVSIGS/SEC: 20 FROM: 1 ( 181 ) N 0 1 2005 1b TO: 20 ( 200) 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 1. 14 j 14(/ e c,asTA‘u6 f o f t HOQ7f 191. We 1TD5-? *Lc- 2. c%frA,1 fi° LO s,p(1--"s I((I? id-ty k l rC. AZ 9BCC�/ Q/4/-7. 3. 1 Aricu .Q t(`C( ;/% Je-,L 2f /Jt: _ Isr 12- -1t-"- q/l/off'4. /tJLA:4‘..„._ to N vo L:)1 (lA kl" )6,3 n; t Z,-A ct / 5'S'OS I? // 5. ( i��iki. ..�' 0 Oak /i4c Most a02 ),tkE 21- i - L -f-rrvi. `�'%o5 alict ` 6. , %�� 6'� �q4�'\�^>I�U,;�,\ •;i �'01 \A - .=(\^'\ `- t\i,N1 V °I)c 7. fL) 1 flt C(& 0 x c 2,16c. 6U�� ;;�/ �`j e,h2h,, 5 o 5-6. 94 8. r &/ JLii el W17 't1€ L1/,9 -Riv .260 IAi Z``� 9. Roffe.a(0-6(6 %-`=4's r� phi"( I'?uk aaG, 9. .r.�r1.- i/l.k-A. ,, LD 4 6 - Ut, P _ ° of I pi US- 11. :2,,--. _ / . C iti4i(P ✓ .>v4t-8-2 `7E ,c//4r ' A' %--' 4�% J /l r:VA e,� 12. % .1 e t i 11---�- /01/ /`//9- / 0/_ii t.S� 2, Y" izA6 ,,r%��i1'c7 7P,:- 1 - 5. 13. I', , W y- 14. h di-- key( d/. .— Z?_2 cad tr/ s I''i Alm 9-1 -os` 1 „J *�/!/(�ii \Jalrek n ZC1t11 f6n 2 i t� N'e 2 q . -Qemm N� gV5t) R)gId-5 / j J •J 'orcNell /�/ f " , 16.0 ((� `I - dIUC•LL c i i nn ,N �r'C'1 C f r 7 ,u0 (l % �l'GS G/ /-((o S 17. l (X J &IJ /?i? &7 ri et�a I/o� `/c2 U 9 r+l F /I 5¢' 98 -S"l. 9-//-aS 1 . . _ " �— la V/ h17 1, q il-03 1 c - / /i/��'' c_ 4 /7A.14 el 1/thi l/asAel) c✓, /1/-05' 20. (96,wl . .$ � k LI-6 7/0 c. b/e6 C1- q,' < Z • 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 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 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. O. "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 hall 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. ,I r 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. CITY OF RENTON N- CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: I SECTION NO: 11 NOq V l I 2005 SIGS/SEC: 20 FROM: 1 ( 201 > WARNING RECEIVED 11 TO. 20 ( 220) 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. Signature Printed Name Address Date 1 LAOL iJokYGw 15.E F .m , ft.vE- 5C 1/Is Io _ 2. I /i /` ,4-2 - . /J A, _ - - :�j.� _7 " g d S 3. %??-7___ - �C L`ems ' 6 , , J i a �� Ai i�Lk cb.vJ vz v i\`=1 Gk-ca N4 wc�p+0 ' , S _ ( ( Y(o C 5.,, %•• 4 L K(,,, ,e) t 51 G-t.e ln,�.w„v_ ( 4 S ; I as 7. ` .._ 110 ._1 ►r. N -q), 21 6 v o, AA, q it-ix 8. �`tea- ur D�u,�i� Poo a le fEi f 9. ----- -- __-, '17 .,,,,, fii s 24,9 f )ex it s - 'i I;03- 10. �.:i- � .. t '��rz�C i,ca 25i ivt -e , Pt• Sc 9-i g- 12. ,,-)47 ,, /, -e.--(...------ eii 754)..e.?-1--'g /re-)041, 3-xir r.„,de,c PI .5-r ‘, -8- v, ,;-..., gfei,Car P7"."; 7 13. ' 114:4 ( 3°1s ‘.).A GC,01•J i2 7/U i,JO C f L' Sic ct - J S- c�`'nlr` 14. ' "A.( .9 PI Viia r cJw rcr \ 6o1(f�/�,�1 . 3L I neky Pt.- �- 'cS`Os- 15. t ��Ay .�T A.JL. 2 yAl x ke5E q 48j.- 5' 16. ._ t Chilid--3?/..t Ern '--s - (/1'- --- \17. i 74aki \<, 1 . R C�Qi� [ 2,Cl� JQu Ave. SC- `1-1 .-0 if 18 0 ( I &� Iv\_L 1v f-: st_. 3c k-) P x. Pk-,'C se- `1/i 6 20. ,d/I rl H-c,v1 vl P S 5 v l (io C)-€& . uv 5(L /lam/r/s- 37 FIREWORKS CONTROL ORDINANCE N.• 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 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. I.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. O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. h 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. J` 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. • CITY OF RENTON ID: 2812 FIREWORKS CONTROL P erry OF RENTON FIRE'N SECTIONORDINA NO: g21 ) SEGMENT. FROM: q c NOV 0 1 2005 . 20 SIGSISEC: 70: 20 ( 240) WARNING 12 RECEIVED C171'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. Signature Printed Name Address Date . 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Oe& ,N' 1 C 3I 1 i L tee veyes 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 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. "f'ermittee" 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. O. "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 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. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 N O V q l 2005 • SEGMENT: 1 • SECTION NO: 13 ;� SIGS/SEC: 20 FROM: 1 ( 241 ) RECEIVED TO: 20 ( 260) WARNING CITY CLERK'S OFFICE 13 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 Foui:th 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 '7e'os-- Date / I l tdif 5PY4/9- 37 44 4//r -.57 44 7 1a-6; - . 2. ox 3. _ J- et �� I(�0 V J - l-',4 L1 4/(o©o ()Avis /��� 5. No I R g-1a,e 4. r G I V v r\ji C/ 11B M-�Yl l�U N E QomW., I c�GSI� 9//10 5. � Yl c 1� 0 cr4 i Z aria vet✓i.� 33I-Ne-1 -rffs 1 z(14 ) . _ yech4 6. / �� dA A//. W L /74 9 /` /ce ,ice A/E'Rsi ,)V/ -Q8.5s- 7. d\., )-7-i / m,8 .u N e Tl 17 f 7 )116 N A'6 ! �Yc� 9 e/o s^�g-ds b 8.fi Cfai(ck. -73'08 /1‹. 117 p.1.41(e lb\i(gli66 b 9. P6 8Azvcrd e a./ s-4ftdVc 7 relaf 11. 6I zL u m. �/ c��,� �1�� .tq • �"� F�,s�p fl 3553.5 11�,i, 171 p �a 4 e. 12. /? +N MIC.Kfrvs r-f PI Rz.krtonli1riti 8O5L 9//o/oc-. 1 . ��/ ��1. CAL5- JS>9S-A / / /7' (G � 2 14. 1 'd rn - o L NA- Uo '—j _ w _ I� '4 12 11)E St -V1 (o �? a.�c e fr PA9F 1946 A G 18. _ p >�'C �(/ : 4+4- /'2-0i maw k'e / 20.., uL,. - � IL) 6)1 e-tb16lag i']au Anr4ori "' tql/e c,. 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 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 issued a fireworks permit in conformance with Chapter 70.77 RCW. r 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. O. "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 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. S4ation 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. CITY OF RENTON erry OF RENTON ,`' FIREWORKS CONTROL ORDINAP 'ID: 28 ; SEGMENT: 1 SECTION NO: 14 Nov 0 1 2005 SIGS/SEC: 20 FROM: 1 ( 261 ) 14 TO: 20 ( 280) 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,44410-1 Mt ci _ LY 1 c6 14Aivi-- (3,4x4.4._ IT, D.,0 14-ut- Air i./5- e 2. F 0` ( IeRjJ(/��‘ ,,0 -riot r u r.84` s-r- oi-b, 0/6 3. I ZT 1.—✓ a',/) �J1 4g°s NE /,-'l/1 !Qr T�-e1/ a 4. 0 . -a G10 v-a. `-fir �ryr, yx I 0 g - 1 u)A -vim 1�r te,,, ,, 9 5. t 3 L . ?,• . . lq� ,�� I Pe_, ,... 74 6. Jo:L a„, Q.E. ' - ,!( f 830 Ll�6gc� f 75.v-?/6 7. ~ L . fdvL1 2 ci 1 W� gam, /l C 8. � 1 ), , l�a1 ( ?ikIL ( v im /04./0)i- 414 9. VI {� dlicl-a ►UL. V is 'n J ccicloh 1 1 gal 71 uO,ct -- I0 ntb--n 9/ L 1 lVic,_ Jc 0-4 le ( I8- i 1114/0 c? 14-rie W r zii: r ,_... 11. _ 4;;., J0„.4,, , (.)//C/iS /03 __,14.ac Ue !O 4 I 47 12. g Ae,i�<� 4- �. a A) PFAtA t /1• I A oc,z 11,06 .V'` -e../ Se /- R ` �� V qM i TT >/ _ 1 1 4. of e .� \ - .�\ `A„LtALs N. a l� {A ( . 6, ' 1 o c.. ail C L i2_©`t' p -cam AY - J 6,o C9 r,. - c2 I ser 7L.. `�—€°� '1I( . - 16. i /C4' A� tElr . 6 ab iiE 2-1 Si" f t• g0-,iNin cr � 17. ( /`v/� ` riq higw 0 7C O, A/ 2 z , Ajtrii N '7 6,S VI 8. � , (-A---ct4 19--u q to 01 Lc,. Z,vp72ur 7/7/ot 19. a, `Ta Ca,,,5,Eio.ckz....._ c-K,(3 iu a3 sf feNout)4 5--?-US 2 . C ' !• , ? - Oda 9-7657 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON _ FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: I SECTION NO: 15 �p SIGS/SEC: 20 FROM: 1 ( 281 ) NOV 0 1 20 05 15 TO: 20 ( 300) 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 re Printed Name Address �8°` Date . M J 0-rri� ().1M '16E6 Aberc�ee,� �.�e �E �l d.3-I0S 2. ! ZZ avitk l 3.• ,' yv,10, 3( 15g5mon`ferc le_ or560_245 4. TO PP CAay 1101 lz jNI0,0 05 5. I$51 Cc rno 4ve ��J -6,N . i t Kizzi 7. ACV vs 3, a 6591s\ icti on0741 A 9 PRA2t7-2-7,-oz- - ,tag„,..,„,L.clz, tpc)--( -AAA- e/c4 • 9. - Ko/ ieG- ?Jo/ cifiviv - 7-ac s-5 10. � LJ*6,,yiI �L�� 2ros� c e,s N OCAcC ton 1 1 ' [-Lkt,4 64423 2 0 a- et.:4 9�.C& 02/0. 12, -.)40(t gehAeiv\ D-OI3 Abtr&ea x e l Avg 13. Y76 - D •P dL 1 (g a4CI_p ki J t, ( ( 9ef Ca ,KE-= - 14. /l/' 4 ���, /1/0/6 f I '/..caeen,fi4 .Arc 9pS 6 .2a 49a' 15. ' Ate,40, /<;,n Al eotoc, 1 L,40r,/t/47/Gf'a '.' 16. • / Vt),€ lz1►c1�� - .- Vol aA/M�' lava tvr 2�'rrrnk Ls4 etboF 17. 18. c��lo( (e log- 23o A eeG �rlSig 19 ;�A�T � • K � �2E'NI 236`ra CA-M A t �or�l 130 u cS 20. nn t/!d 2i C�•64 Av Rif 11. 11 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 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. i 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. O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. A 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. i A. / 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. CITY OF RENTON CITY OF RENTON NOV FIREWORKS CONTROL ORDINAP ID: 28 O 0 1 2005 SEGMENT: 1 SECTION NO: 16 SIGS/SEC: 20 FROM: 1 ( 301 ) RECEIVED TO: 20 ( 320) WARNING CITY CLERK'S OFFICE 16 - 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. Sig ture Printed Name Address Date ," eI P 5 M- �J, C3 /v, 4-7 / 2. L/ cv / a _ 6.- 1-/5.1441 s 4. . � 61E/v F � . �Nh �r- � � tiE� � c �" �t e �N 5. t /05-- W•t5ISLif 3-52 ti rbtig 6. 8 � g,-:G,,, 6,114,9 2533 r</E5-&sr R n lati 9rGs- lz//-r. :D 14-j 1d 26 20 fJ 6 20-4 R€n'fan W r9 9?C5-..6 W2(�a(r- 8. g G: 1-3 �.5 e )c,le JV' RA'AtO q p9. N. WC-1; b e•Q /7 S AUe_q V `r c,3 � q9(68 os 10. -e{� (J? CAA^ �6h4S Abt 1 1bJ i4 op(7 I rak Grnd.ex 2533 Fd+sandsI ve NEReAget 12. .1 c:jejloyd---TY/1-171 T;(gel5bY) 2-3 23 q-ezvrtern Wif 9-205 6 -21 13.. ii4.0 l Reh4/c✓e Atiozok7e 2O/3 /cty1TLi '7Ye/� , tPh7 hkfl 'a 4 1 rr4 e e 20 /3 Perin HVe NN 2✓c. ` osC -e21-Oc 15. • Or/ I`- 16. h,T ,1 5eoffechr1 • - lti (adz. eyr ik?°J, lye ¢/ 17. Crsdallo� 200 L.4tac. rfraki 4.J44 qi ge .al�` 18. X "<cc h I P e_Y. E)6, k r d S 19u) c��vsl�( 0.° N € R o, 5jk/U ALT 20. ,4 C'( � lSI 2 C T/c�� /C,� 1I °5 ,� 4 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 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 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. O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. '444 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. • w 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 revokelany 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. TThe fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of publickiisplay of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursua t to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70. 7 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a inding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or im risonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than n� pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one p nd 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 OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 1 SECTION NO: 17 SIGS/SEC: 20 FROM: 1 ( 321 ) Nov 01 2005 17 TO: 20 ( 340) 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. Signature Printed Name Address Date _ AK nf kat)'rocs 1. Are CJ4Av ZL•7 -evm leAve_NE izl DS- 2. d es is oses z6eq Jv Z -2/11.05 3 I/r' 7 Q lnct 3fTat, Lai) `1 MS to f`1 4. Li IRtNC- dJa lennw,x�iX pL l✓ _R(mlCM 4Wtsg. *la! 5. 11 61Lr (iItodl gut Yg1° 21l( P 6. ' 1� -- 40Ie ( �/ 6J-42( � 9 05 7. Lat (AL 1 6- -05 8. ��$ �e CA-Lcos �(�. cike a(o( P( ReA,f ar°. v�4 �B891V7a 5- Air + L-G Card 4.5 M a l one 41 104 1/1//1 ctc c5(z.ilar(65 8ta405 10. m 0I,1 /�am n) (��-t) 225 �-c,fo,t., PL ��E- 6 )u� 18D�� 1 1. y Q-u 1 J) LJ(7►'J 2 yo 7 N 1r 2'" S 7 Dry II,)il-q Ya5 12, 12 l Z '/4 13. AL (uktl1 PTA l v i(/(t adz- Avc- &c - g 0 Coo" 4. — JaN�+ DEr�fyEe,E 3/3 f�,r�oa cc- Avr 5£ i eAtrat 9 y,6 hot) Cik-r / d het er 3/3 dde- aGc-..5E ° 16. vi Ec 4 3 13 6f e n,n leek 5 3e4,-6,gtes(0 6,21-a- - r 1 e4 IG+�I�c 313 6,(eUKWteJ c r s e £rwh- g%oN'6 s•-z'-c> 99��,n, �� r �=zl•uj 18. �V I �Co c. • j S 1 _S� ( 2_6,C I S:( ) 0,#,,056 19. 16 �� \ 2 /' ' ektMIC 32.0 C✓VAIW WcX) �v" SE ( (Zbcu •• +Sb C" 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 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. s 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. O. "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 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. CITY OF RENTON FIREWORKS CONTROL ORDINAL ID: 28 CITY OF RENTON SEGMENT: 1 SECTION NO: 18 SIGS/SEC: 20 FROM: 1 ( 341 ) N O V 1 2005 18 TO: 20 ( 360) 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, Stake 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 1. 6-1 �i CI4L' ( Cac e!j 73 56,1I Hv2 (fir, Rev4'1r^fel S6 g/20k5 2. TOI flailt‘t/lacmoscim133 SkeA-VA . AirL1. At��isoan 25/.6Io5 3 -" ►JDP% P,'YY18LE IJ. . Z 'C qcs s-a e_jA g10 ` '. S t `�/ /¢,�I�IS'tf�� gc'/�P � a H,611 N tuA 9 ..0id. 6. 1JY2tr4&tZ'y 37L 1 e ' . ,s 7. L 6-erc rdigL /19 eiraq 3 7/3 4-4- f'-'ems e/77bh% ? o.S6 CV Z 8. `J eivuli,,, P. S 2+ $G7 �,,�,�.�, 1 e �� Tao EZ N�o� 9 9.0 RiciVZ , @JAY' " 97A4nift WV/ ALM/4 Alf -d . 1 o 77o u fEr (1 W 0 9s�o� w''� 1 1: , �e 637/ A . C-e:t" F1'�° c?, iJ�]4LA ,�� � �,-�=►/ fa' 12. lig• • ., AORM4 6 t�o8)jo4 Y13 ?� ./7�2 ,AJ.E. ge9 WA 05-6_0S — 13. r 7 .r '%"'(3 0.0e. N 64-Vog ,4q5 /�i Rymer i4e-e ti� . J(OP '�1sG ] :41V O; iL � O�' e \1 a N k ` t66 1vQ Ce {i" 5i sjk 16��w1'4_ // j Q �N� ic,`Le)r '(97 )ee& nor?'s f dc65 17. Qie ,t C G '-6(-4 ASL'1 -e (o G 310 Q u�-V ?evl a be,400-filaitr-7- fee, �� 19✓ ,/ A/m-(4 5], ,4s 71/- 36 o6 2r• ` �!� 0-/ 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 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 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. O. "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 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. CITY OF RENTON OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 NOVSEGMENT: I SECTION NO: 19 N l 1 2005 SIGS/SEC: 20 FROM: 1 ( 361 ) 19 To: 20 ( 380) RECEIVED WARNING 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 Years 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. Signat e Printed Name Addre Date _ _ _. .._4 a 4 ,,� ,•,�i... rr'e.,% 1;u5Ff- /S�2 KlA ,, B--iS 3. A J �iitnisa� 1 s21 I��ek�4n►O A-0 N l7 .-l �-c, 4. e/1 4 O,5 s. l_ — qS-iS-0s 6. : / �_/ ����gerc �. 1 t"�'►ok-A I! 3 :%I� O /8/�� 7. le" _ -, . _- .� � .0/' f 4//'f . 'fc5l t. ? !att. /_ I% - 1/ 'rr - r Pc) `. /. 0 <z-e ke-/-4tiJ ,q y' 98s5 6 9. Plarni At 41 4 I i 1.. ki, I ., 'Ala atri i . _:: iii, 1 r S` ill . �!1WI 1 ALL, -. j _, 3il 4)/KZvis( t g i��� 1 r. _Jaider----- e 40 eX4._ ze..2efeG i-e,PIL-U5---(4 -' 40 0/4 13 ,,,_asi.- r�. ._� . 0 Ai i _ 11_ 01J . • II 'ac ► i Oe A .� A e rc �I i ,- r 1 5 14.'' ' l C. (r 'G / r/ " 1.—:JL4� - v / , i . i 1 _� /.�.� .. �./ /�/ — ,0- air' n/14. ;- -®a 16. f/� ., �G?� _ 41- jN P . s1 (J F _rekl_- i fi' 0 19 6 _ 4.. ! � '( Ili e L4 !0 ' ftarAW-- _,41P21-11114W9 - 19'AP)25 c14;e1A6 '61/` ..4- IPI-e=" ?a/ ° 1 /Vt. (2' 5 r .§.-/p) 576' 20. ;I2jmi4 iYY11166C041 I T7 -fol 1/-I ,. -1*70e 614 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 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. "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. O. "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 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. t 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. CITYCITY OF RENTON OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 > SEGMENT: I SECTION NO: 20 NOV a 1 2005 SIGS/SEC: ' 20 FROM: 1 ( 381 ) TO: 20 ( 400) WARNING RECEIVED 20 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. Signature Printed Name Address Date 1.g sc ss )fb 81I(OS 2. . �-R S'YrkikS5 .E. 1 51— g''11(O b5 3. 1-11\11-1— iVcfWl-Ct / 1 1'2J- S e M rolz_ ( / 44 1.5 ►Cjkokas5 1 f 1 11 a %nit-woe q,�-e S I IC.--ma �� �4a&/ . afe6r f6 s/C)�� �e1 J� a 4, d r 6. f3 /� =-� ����" �.v ��r �E /ig/ 8. 2VAA/ G ,(0� S'earl W ilsav' 16--n- 7nd-ix 4v', 5i , 01 old 9,O:tIa f' 4'_ tOral • `1t •11 ►�C, '�. 1 1°3 Mc • a' 1 10. U. .. _ f VIM .. 11. E el-/e �� 3�//L 3,rr..r/C f 44 206 /i6/55 12. /i. d ' 'halia bn 3g// lV5&I'dl e7 g/VD 13. f,- -Ott • `I , ,e /dc/ yes- 14. Mar Off-54k ` r/ ) "6T1. 3 15. • , - t UC. lb /�� Ei4sC�;�v;� (2_ �- O`<,D iN) 1 %re r) 16.,1'Uh2t1J2 1 - r�1�T t v /33 tim i� - doC�'! • akuhn //���,� 17.:+ J t - . ra E 0 � 'ka z f V c:\z) �4o) 1�, �E L11\ f J . ( N\ 18. Q r Sm.„. 76/aw - C 7/Cc 19. , SEyd 0ro—y. OZ .� �-,t '�� /7-Os ti 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 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. s 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. O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. . ti 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. OITY.OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 2 SECTION NO: 21 NOV 0 1 ZOOS SIGS/SEC: 19 FROM: 1 ( 401 ) 21 TO: 19 ( 419) 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. Signature Printed Name Address Date •1.� 1—\ TC J 2 2. `^SUi uo—N... _ — M WI�% J I''1 V C( 70 , - 't-0-67 r'ul�1dj` � 3. / Le k� ` , I I� 0 .20 � uT . iC1 U e {a,a2.1.6 _ ithti(ilt (7:1 ifki:PPLI /6-/53: -Cily/e-&/+_-59e61( 5. - J'/vu l� l Y� (-1W04- ` (3noZ_61`� 6. , Aim �l�t;�/as /34G �f��CG/�r�eL S a .0s - 7. /C-i Zc'^ VCA v� 1 �� 3 r 17'.ci g t 5 R a� 3 Ia 8. � r' ( � / 61 L.rCL-:, ri�6 42 s%9—, e/2 5 9. Pk‘ei L_. 11 \ \,1,\` \3m) ICe g12-1 10:— �twi 7 ci AA fr BPS ., Pvs..cP,1/ /.3c 2: 96:/- , >Ui0"_1,l�' Cr' 2oL/� -. / r nn � 1 1. �; ,J�... '—) iv f 1/. 'L r1 f 1 d 3 0,, c`r f f�_ • e. V �� It oR ' 12. YAIL.S✓/ 1177iJ S 1Z& (300 I�., ar'e i7.r_��,c- ��� S i3 l Ott 13 r./ �� �(. i,W14.‘1% ( - �f/e Z,c � Dr J W/D/3/'7,2./1!16.14. ( d d 1/4-?•1 rr71- 15.)2/:,.a o- T{A1'F /�f i�G�l �� /.10(5 f,4 /e /(..4 r 1,/2 Y F /ieCc ?G 5f e , 17. n � t_a_63koe ,���cis i 3 '3 b "1 '4\43 v_VPSZOOS- I8. A 11 )1 eN.) —7-'a t tv 70 - O 19. 1i1,1 r ncepla -zz23 ✓Errom - e)Zsfot 20. ‘,/, J /free_ .G7 o c 2'��5 ,U'e»So r LiS . C G-:dam �Z 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 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. 4 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. O. "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 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. 1 CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROLSECTION TON NO:NOP ID: 22 FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 J 2005 SEGMENT: 2 1 ( 420 ) SEGMENT: 22 SECTION NO: 553 SIGSISEC: 19 FROM: TO: 19 ( 438) S1GS/SEC: 1 FROM: 1 ( 5,631 ) RECEIVED 22 553 TO: 1 ( 5,631 ) 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. Signature Printed Name Address Date 7/1, 1� � � 1'l -e t c r - 10 J Q 2 2 4 2 "' 7. - ` (Je�. d(.Sc 14z /c ,c) 0 t54% 1 . 3. �� irticWO �� e CV,002a rfr4 3i 4. eX2CC, 1 u A.-e S d -).G V- ,5. \ 11 5Il� --AeIr Aire `►� Qns 2 Sl.o ' 0 - A 6. ( � 41: t/biWQ �j�e v b27c��j � g ,SSA- - S1© S�i�C ,tQ - 1Q 2 L It 7. / Imo" 8. AA f_ .i (31 - _ - 6 4 1/6* e_f ,. ,:_ ct,,,.\ to E t k . ..1111r . , 0 54-euTA..) Pk uE. ..1' /,&,/2 71,h l; 1O. a _ _ l_ t.., /,i ; 6 S /(_.3 -- 76 7_'14, 11. ___3 1 (� - '.* t VL / SloS` �K rs A-ve 5w /�qc Z ? C S �11)`°5 12. ,L 4 A' 1-3 -1 e . 9"/ �,-, ' , _l o )`-irC-- JLLJ RV a z (�G 7/("A 13. 13gt{,IfE / -dices PO C . S 1-10 f'(fuetnS CA U :Q .cj. ,t ).1'lam` ,c1 Pos5' 1"i3 ..S 117' - i 11"031WANSVPIMML-1 — ' 10 i 4,011 ., 16. !�'_,,' /I •-i I%; Ere/:, �,�j r - I� I ' /\S f�•5'�" pt G , 7/f3C�4. 17. , ,.sI 7 r r'se+UII QSi — I i 11 /, -7_1 >05 1 ., •,a ,, AL/ 1 , /n /e' m cw Pam,. , 'i/ �,'> s 1 ,/_.. 0... -.,I - , AT . . i _11 I 21e! i i luv\ In t�,(� O\AP, `FicAkir u (-e�U ,u) �o cf 11--1-0� S- 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. CITY OF RENTON it/ /CITY OF RENTON CITY OF RENTON • co FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 2005 \ry\ SEGMENT: 2 SECTION NO: 23 SEGMENT: 22 SECTION NO: 568 k� SIGS/SEC: 19 FROM: 1 ( 439 ) SIGS/SEC: 1 FROM: I ( 5,646 ) TO: 19 ( 467) TO: 1 ( 5,646) RECEIVED 23 568 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. Signature Printed Name Address Date 2. of Gv14-4-4- a�L� 111 rl �+ Z31 a O"bcc. -}oh Ptvz P E n,e.446h `I o'/ ,/ im r� r)-(v r� �(,cam j��6 `� ARIL"C 406 pusaV ���,� r rvt- � �� �r( f 7. V.A_ii.17h\,.,31AL-_, r; zo9 ") Nr e � g2* ��1�>6. ?d� e4S ��7 C/�< o�/ ) -PgV A ( � y 2(2 7 �� i'e l� f�N y�as6 8.G9 j.1�' ��l j - — / Ff �/i L5�} � L /VA)A--. /A ap 61�� _�'� 1�J� ��G�� • 9. 10. G,,i� 17 3 2 �-�etdP�4 !�c I , r,,,�q 9�¢'72,l ,/a-31°s 11. va rj 4i cc.ry/S / 5...5{{P�S�t, a_ TSo5-6 13. .� G f // �% 1 tf �/ / '' 2%4 14 f -. LitrvC . c1 � ` aw...•S 3 C`7 l � � C(� CG'e)SC 1111r15. _`j'j; ll' �; Ova Fri l- mo i ', -? 1qnsi 0 r kiand. 4-ve. IvS �5 LP 17. C Phi 2VAricb 3c S-IvEf 5'6i:70-gcRei, y�6s� 18. '4 !( 14 yr1 eilCie .3 a cis'o.rC I s-' S- iS /re iirn*11.)- 971S"b 19. LOW . 5 6� 6m */'/ _ ii 1111 (( ti Y�+ �' 3� y N.L. 15 N`.. (,�ap3 20. �� 4 Oeji1602r 30 3 D NA lc Yt I l ri"' 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 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 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. O. "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 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. (�- ,6S CITY OF RENTON 4p.P * p�pJ CITY OF RENTON CITY OF RENTON 1 , FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAI, ID: 28 qN\ SEGMENT: 2 SECTION NO: 24 SEGMENT: 22 SECTION NO: 567 Nov 0 1 2005 ll SIGS/SEC: 19 FROM: 1 ( 458 ) SIGS/SEC: 1 FROM: 1 ( 5,645 ) TO: 19 ( 476) TO: I ( 5,645) RECEIVED 24 567 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. Signature Printed Name Address Date 1. 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AA- r ,0-2 Fe14r50/`/ ZS.33 NC toff-sit r tv/J 76v5`.E 3(27fc 7�� SLY) ve I s /eilAy 9i 9 g ^76-, FIREWORKS CONTROL ORDINANCE M1� 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 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 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. O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. ;d 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. `Is CITY OF RENTON � CITY OF RENTON N FIREWORKS CONTROL ORDINAP ID: 28 NOV �p �N SEGMENT: 2 SECTION NO: 25 0 1 2005 SIGS/SEC: 19 FROM: 1 ( 477 ) RECEIVED 25 TO: 19 ( ass) WARNING 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. Signature Printed Name Address Date 1. 4 'Tit-11A liw-geti .. C clAi I kck,i c1,,G,,1t c-i r S, ch- it y® C- // f- 2. ( CPArid2 ktiLl-v.r 6043e,of5 Ave.-S, 42/12-1 km 4 (i 6,4 e ds G S ; 4. ( (/e-,4 U«it; birrif 11<<r & 4/4 Li ',9-14 So viy , _, 5. 'WA Nymer 719(4440/0;ese..e.4 A/415-44•Mel4i0 e-, 5'e5 go0 • 6. s,,tzn�( ,,,, fi,i-i - ,„c1 60 g_S, , 4 5 Y7/1/_ 65 , . ,:;, rD I pii7\ 7. • c--ntile-LT F( / ..52441`0(tVcc'.5. ,i9C./ S 0 3/I 4'(6.S• 8. rre-r-;rrvt_e(Vc'1 9. V,4 V oci G file (1 S0hIG6 c515 20d/Grm O . /i o qg°7 C l o. C� 24 , a�(- lms Nr_ /0 /vI ow e / /3-vv. .S' ^/51--e r 911. "' , ,e 1V 71,4„.,/ // C/ _09 GTrif sit/e_ S ' 12ne, , A L(C.e 6 R99 o,ti)S 100 rn s floc S /V os 13. 7 � KP p • ��tl1 (on KCrl�fc6 c9(e 5 , 'S ./LJ. 5 14. 2.11'1 ,ULUMi, c- .C, le Melcirurn 17 P7G rri S :S0 B'- /y O �/ / Af IS�a�����e l�?�,A/`i.�li�GdeG-c,�I �/��r%2/S .fu�Sa�b'c3S 16. t�� l�.., 1P,rr.� c0iq rc� Ayr" S___C� G C� "-ActSV 17. }r r11;)rp 1v k ` /c(le ?6 w k 42$ 171Urrr,- t�f✓r rC �q 6//Y /, 18. U— -e-C-e t� V/esi—A J r (f9��_f���O Jl z) 0 �c71�J" �_._(' �t a . 411'1 19. �r``y, ►,���_�,1 k) ., Wrn �,L 4- 6 ,_ fR.S 6(1 ,S 20. // 2// P ►s'f t hrreh b " /k ?,Lie-. iie.-zms,r Icky S f ,c,,0 5(76 k 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 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 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. O. "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 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. N\t - - CITY OF RENTON - 9 if CITY OF RENTON CITY OF RENTON NO �\ FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 ptlV 10 1 2005 v SEGMENT: 2 SECTION NO: 26 SEGMENT: 22 SECTION NO: 566 • I SIGS/SEC: 19 FROM: 1 ( 496 ) SIGS/SEC: 1 FROM: 1 ( 5,644 ) RECEIVED 26 TO: 19 ( 514) ! 566 TO: I ( 5,644) 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. Signature Printed Name Address Date • M I ti= 5 34o »VEX VI, - ,lbw( -Rost n It-,-./ 1- 2. 1 ( S'C (Z/1 M I(A/16 R-( ST •AIHZ-i-' y I C-Whoiv�i r c 7 /y e /aP7 co/Y ?d9n.�S-0-o< 3. I`�l 0i.:+� ktf i V d Vtl.A`AMi4: S 414- pt,Q,A 1s cr e`1I a-t[05 11 4. iL---/— - "F�fv-v6N- c:r NI o`.-21 -6_S 3 5. ;1 • g• _ u 1'fa u-e. G 6- -1 frk, 60 t 7 ado 5 `• u-1/ I c� 1 I I h't'- 8. $ L . 11 : . ,A) 2602 NE PL 9 z s s 9. `_ �� _''f 1 : �. -I._ C : �s L� ,; l- pie ,. s 10. 2e . ,i 0 7/7 zyZ /1 , a ,b /� 1-71' wei.w- - K-- ziframmirAwmarigwff �r " -Mldld ' ';060WaiMirtigl Mr x/-c 14. .r� /w l� /-� / NA) , I/v/-(/,1e Q, NEk)M f - E. ,Eou6",/ 9 DS( Q/aj/. • 15 %%i 1 ' WR= • .0 , _ cb QL Q.-NE L • 561 Z a 16. /,17 -if J r Far,fimie i�i ittro (D///I rk n�����r.�a i r • 6-. �'2_ I _ _ 17. 66 .G _ $ , JO- , I r7 , +p r•.:•, o .r C�/�. Q' '( �qc �` alra 18 ,., /`: -/// . Gam/ •,,, A--- DG79Tz 3 /7 /r/E 77( , 'Z i z�� 19. �,��2 25 /vim �T ,�L art- 9� 9- '-oo 20. r IMP°j51 q NE 61-1" /11 p ,,,-7,-,, \,v4 ?5oxx 71z as' a vl 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 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. jermittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. /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. O. "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 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. r 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. CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON iPj`�� SEGMENT: 2 SECTION NO: 27 Vtl`P/nnTT�� SIGS/SEC: 19 FROM: 1 ( 515 ) NOV 0 1 2005 Q 27 TO: 19 ( 533) WARNING REC CITY C ERKVED EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HEX 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. Sigf ' re Printed ame Address Date i'l.�:;.1r-4'���%%"; 50 f �.i. a/* l,-`..--'T -lam, --: ��/ i _ 1. _a.. ir����� f/ - 1i� � %����� .,. - ice - � _...�n.�--..il:G'1 � 2. '.� i�h PAd t,IG)d�9 sZ loa I k�o���r� '/U 3 1�Ch c , q��S�� /l1?/6C` 3 Ikl k w_/i - •i ' L \Ql . -*a ' � '. ;la • (C/64 Ap. r• • l` • _.6 4/ _ et, di a!I lee --" //Ci G// /15(A v(vsp--ae-A)g` %.jci. 6 /`�A.3" iguilviwimi 5. inialiblria.WA[IPA ' il 1° tili 1 * '• 3r-•'- i. ° • ;W9141065 , ge i/to-ag It 6. .� P/)9d - ((Mgt( ,/4/?/I e',,��is 3/37 N, 9115� �� i8os 7. : (+L, - I Lick czyngrri 2(a�i7 , a tl4' SI- lah t o cgi0 aS" -li ��� � 1� ��' �1�` 9 PP off•< , �t onq ; 9. �. At ,✓ S M 11/ 3u0 v ve,a1�,„� Li„ SIT . I e-L r- J 1 ; . 10. �`�iJ V/d//1�/ a,�� /lam / I �. �� �ITD a 1 �.5 r i ; yr1,007./ef /7.5'/%,l0h4 :� a /f/ ;?/3�'eh-c,. �C. ,;,. l (� a Igor... 13. 4-- au , L /, O• 4t0®'°j AJ ( . Sr� . 9 6 `u tit)vGc f3.� �� 14. � qqgg �� A� � _Itir1I. SOI�I I llu l•- - C1 S 'r(1' q,�j/i�eb�'l f��'VE ': i,;,�,�/�-q ‘ �li op 15. r• I h-0,--- Ki0fn \4p lh 1 '\oZc Ni 3 i'. ,S-4- - „ ‘iJia 9 � e/ic 0? 16. ._. .-..a.!„, a orii # iti ta=4/1 i0Vk N 33461. "1") kat syr,(0q - 17. Irt � 5 � �, t��'k - ;IV i if `11-1 1 fiat l *4 k Tit L l 8. / Mel • _. T' I ` a k� 34`9 -4-4-ey el- N\C- �,,1. 19. pi v tXtC(-)ki- , trc (o 146 1E r\ -tgicSe � 20. C,4 -3 $ FowItr- /4t -IA(11 Ave. s, g �� � o� r c/A01S c\ 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 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:t: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. O. "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 $500,000 for property damage liability for each event. Such general liability policy shall name the city-as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications fQr public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 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. CITY OF RENTON b CITY OF RENTON CITY OF RENTONi. N - FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 NOV 01 2005 4SEGMENT: 2 SECTION NO: 28 SEGMENT: 22 SECTION NO: 565 I' SIGSISEC: 19 FROM: 1 ( 534 ) SIGS/SEC: 1 FROM: 1 ( 5,643 ) RECEIVED TO: 19 ( 552) 565 TO: 1 ( 5,643) ITY CLERK'S OFFICE 28 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: , I 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 35.1'7.260 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 11 1 � 414,,, i - ,_ ,, �-ekih �ijr-e_ Ac/c e/k-doAdoi-- /7/k 9-/G g s-L rKi AN ' / -/ ti2t1 . 0 e-a<tip,/, 7.5 3 7--6 EICV /LIi);Vt) tr 3. / 0. I 's ' /di / d 3 /7 i L , _/� 5. _,Awt t6,, \ 10`i 5s3 Kt`iKlrtra htie NE 7-l1.0--C r.";6 GVI7- b (✓ t>1 Crt) / Cn/hf.44 C ' t11 - ram 5 ?2 5�. 4- 1. �S AG po4,47r- 8. ' ,M- ' D (k./71 ei. 5'- 7 57rr/jhrS s4o.e. 4°947; 7- _/7. , "_'03S • ('i R( Lail (/) /L 11T 1 M. /ASC4 53/ Sm/THeRS AU S eji. _ -/7 v . clogs S 10. l .e_ / � [.g li "', f�l�Z��F� ��f�hG�t� ./�Sr/7- .��/ Sii1/�'N'L�.S AVE'�} .� �S1G>;�S 1 1. GC�`C.Oa L. 14 4. 3 ti SN', 9'`. .-s Ave. S.. f' iL'Ob Psw'.-1-"t3 � /� -� ,-�/ ,, ��JI�S 1 a+,f�� / J 1- oifbi�l (A�i,� UP (lO 5 i/%#& ' S 2`/7-05 9A-0 1`il - 13. L 1,i212� / Jo op/V I co- c 4-31'1 I�,-rtAiOa 1--r 5 q- 1?. b� c/Q°'8�' 14. tit"; / Jon 0.14vvc ) ) 4/3ZgiliI' i' 1.S 1v1S, ri - 17 -' War- , ii 15 .iadt"A/ :4; //pi2 Ada 4 1i_/ ZZrYle .5-3°I /L /1is doe 6" P/D;-- 0,-/-/e).s- 16. .1/_/`j/ r . ' / ,L�r/ :79 oy /: ' �i�(� S -l7/: 7 /- j 1(7 / (d?/`� l F°1 / UL)a �1�U1v,5 f I . JC1 —l7"DS - ifi q, as 18. C?.. 4 ' L jL (1 D ITa. Q, ). 'Join P is fi(!CS 912,: t,� // 7 19 „l, .!vlr�c>iti..� 6 ze l7- 0, S. 9f(OL 5- fO/� � �1 / 4i:e' I. / 7/hlit Ci 9 7 4 1( 7i(1 .63 j-- 6, 49,3-- ,115.0_ (..(61y) jyy- -. y.�,dtr_1 r._ ` • 3 ( 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 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 ROW 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. O. "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 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. L, CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON N SEGMENT: 2 SECTION NO: 29 V SIGS/SEC: 19 FROM: I ( 553 ) NOV1 2�yUO 29 TO: 19 ( 571 ) ' WARNING t7 RECEIVED r TTY� 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. Signature Printed Name Address Date -0231/ ae-D n I kW\ aPi6AAn OOet Je`vn/§- malg 139 Iioma Ave Iut- onion, 98656 A/26/(6- . _ t-c,r.. ►'l'1osc,h `f37 Ti-e f}ue rJC (l�0. --yu4 M54 $/za/,3-- )) ck‘k 9cit 6€, tcA 8/tig iraci 6. r `M _ r on F,V i A 0 n 3q.�6 6/64 ,�,�� ���c'�d v�`l T�� �Xd`O Sc 8. .2)134 SYL-f I. ev1,-L,, uP cr6o2 <00/a5 9. (��i.�.s ns a v c a 1 . d n 1 L� kV 1L kid I �eZ�n 10. /z'eLq 1 1.PFi �/� 6✓ >' C octet- �Z6 I'A•co,14 A-V.l• A-1g. 6 12. .��� eLek „,„ 4, 13. i 1,/ 11' .r��c� /11 ' E/ h P R 9013 41-E 711/gr Re4tiro v G/(9 7 6 8? CIoc 14.,/ �� Oozy , kevvete" L(0(3 ./1>E, 7 a . ke,:(iv (� e 6 Odo)cs- , 16. 3:114, ejc4: voa 744. fieWtajdOOSts6 17. (,,)/-le-ro(x- vo ,Q 7 5/ A<<v7ve.) u)8(2... 2 � zii l 19. vvl/ ,�• A„'ti�s,�,�, Pe h kot ;� � 9900 /V 7 .S7 PeM �� ! IA °/8OSb O-Qi abtey �ae S20. 3� VI' Sel-� eerr- 742 J1-4 atr, IIUE rL_s;. eeNr z�J c,. t 05(p 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 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 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. O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. t. 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. CITY OF RENTON 28 CITY OF RENTON ry FIREWORKS CONTROL ORDINAPNO: M ID: 30 SECTION O V U 1 2005 SEGMENT: 2 572) t1 t� SIGSISEC: 19 FROM: TO: 19 ( 590) RECEIVED 30 WARNING 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 consumerfireworks 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-r Address Date 4/0 /yr-. 57% BeiAti tai 905.7 84/46 2. �\ I (lV e 4cl,7 13, ?o7i ) pL Pfr./1aui l?6,M/(61 3. -7 3 IVE 6 - 1, N(., o /l6/. 4,15 4. A/477/A•i/ 4-e- Lr S.rg AA%4 ere? Ur.A/B.4-lo le51/0/1 eAcI-&51 5.C qat.s.J 11ha Gs ► 30u J 5 / innL cfgi”/i Q 6. RyFIN V'1'r `k UI). V4s Noo Pr; I y Fh'V to w� p ct V14/91- 7. �� �siio� `P�t�[ gEN7rA) G.f€� kiet0)01,41,,o1 (hos-70 9. c+sow Am1 -` 61- ,U 7 - 10. _ 5 CIA,,Sat 3� n Z�S' 1 1. 4) G/14 Patz24'' 1ol_5'/j31wwmaic.jti fger it vviz c 12.41/ ' /dJ� W4r,t/t5 CLAM goil vo Avg 55T1 R v,eficy. 7- 137D 4.16,ov s,4"- Igt_51 Vt---th-f! 14 Utf4f I s ? 1,4i.( r 92 E 805- 8/(7(c 15. / CatudeZZ, C ' R504/ /o67 27 i /Q-,G . 77c. .U( 9g Ra`a/ Ind 16. p Lc) do ko� s N c, ON ��A� Derr rl Qt$0 S S1 c _ 17. k • \ �, Deics lAOo6 � uWt 05N I ` 1� 18. ate, Ufio n / 19. oe. a�ec�� ., e o[ Sa a- 7 % /�,� n R `18c,q � 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 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 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. O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. 1 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. ,, CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 2 SECTION NO: 31 FIREWORKS CONTROL ORDINAP ID: 28NOV1 2005 4 FROM: 1 ( 591 ) SEGMENT: 22 SECTION NO: 564 nl` SIGSISEC: 19 TO: 19 ( 609) SIGS/SEC: 1 FROM: I ( 5,642 ) RECEIVED r\N 31 564 TO: 1 ( 5,642) 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 , S\f\-00NNAZ•\ 4,\)el 5—e- (ig Shei')-(11 ' A-tf,j7 4 I - 1-1-"Q I • ` \ 4it, ,.... ! .1_/_, ._94. . _. _.g„-,_, 1 , , . . ,. _...„ ,_,...„. r.... . ----___ t.)/ , 1 • .5_7,9/7 7/_zi ts.- l, /E--- Da p .. 0_ .„ - - l: 4. L1 • 1. ���Ilts_,._, ,' �, , l'.. AAA o`17-6 t.7 '� ffeI" .f1' +� rfv 3Z fry, ievS 46C S, I7.Ui� �� ram' 6. 0 I u .. 01/47-t S� �. _ 19�; 5 S '?le f. Thow � � Y / d -. I' f l� _ • 8.",,,,,,It-" v! dG� E%dg')/ / 61 �Gz _ S`kA A-v S OCT �j�- (7_o 9. - -.P, l�(c akn; uot/ 7„55ZJ 1--1\� 1 a,r, C-WE v - 10. /7i7 ✓V. m✓cc-se J h r 23/ it)iV'-YY1S , 10 5 lg`O�1`— 1 1 _ G -�� • Cesri��imil 36‘ NI tllams .0e - it e) i /O. 12. Aid 7,-- , b Yp.� i(ucry 9as- L✓/1/,�r� c- /� �'S Au gOr,�'13. Yn a �--1 OK-i L/W aK(� k( e it .) 4-1 C g - (g 14. . ice% 15. ' � .1 ,-� 56t-n hi3-'1 & es (-1�7 i�a/L PK' IQ. ` S' I -p c. ,,AI t. .. . ',1 , 17 !� , % -e rtr i , 04 Cyr( I g iU°: 19. /fAA ____If P-i-- rr-t-.9---77r-..:.7-4171),‘-f3.4/> g0 7/1I co 57-:-.7/-z_iegi• . , ef 20. " , skQ Qet:::kc L rkl. `O � /c-- �l �U�s �r �� 4..Q.1/�f6tv C . 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 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 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. O. 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 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. 1_ - - CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON 32 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 2 SECTION NO: N 19 FROM: 1 ( 610 ) SEGMENT: 22 SECTION NO: 563 NOV 0 1 2005 SIGSISEC: 628) SIGS/SEC: 1 FROM: 1 ( 5,641 ) ry TO: 19 ( RECEIVED 32 563 TO: 1 ( 5,641 ) 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 firework 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 HAVFYPERSONALLY 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 1 L�N-> Sc 01 17 &RQLlrc ✓'IJ AUesui Ofit/oT 2. \Lim L.l ��C 1 a 0 �2 f z r �1�u r►16 c 61,q j t3//6 j . tie 4. - 1 5. 4 ' tto, Th2-(.6\tNop, A si-,, gil c-Pt f S og 7.L.R.w`�ct� 31('-� \v1a ` ('Pt 5 �J�Cl Ea,F t I n3 t�1}�J.�A) s' K(/U S 8. Oc l 0te, 1A(,e. Crocb r 3 7c( G` ctrl,v .ior Azle s,L,) S/iq/ . 9. -- 0,1Afs e0* (AA L 951 f1 NL S AO 5v\, VII--1 10. "T. 5 Z I S' IYc c>c- ii. / 1 _*I/V7 2 ?,(7,/ ,%6,4641) 4e 1(ed 1 . q-)4(,e. bli(67 -3s-5----c- ct. As_____2E__65LDBM 1 - 13. u k_O 1 cwi cb L�k o3STrYI � 14 e c 1( o 5-- f 4 , `.,e (3 15. _ �/c r /Deer l �- .Ai5/eked(/' / - c}8a a-.T- 8-/Y-o 16 • 17. , ..--,, 6 E I `ie fo AU S ( '7 -6. v 18. 4 Pu-kiNkw- _ (V. q -'5 65 19. l , w¢ ' I. -u ff 6On 50S nAKD 1 ---a_(1{`DS 20. i4 fil ia& S y yY w<.L.,.., q-/d m 580 8// 'O 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 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 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. O. "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 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. CITY OF RENTON "` CITY OF RENTON CITY OF RENTON " FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 I�O 0 1 2005 \'� SECTION NO: 33 � SEGMENT: 2 SEGMENT: 22 SECTION NO: 562 SIGS/SEC: 19 FROM: 1 629 ) SIGS/SEC: 1 FROM: 1 ( 5,640 ) RECEIVED 33 TO: 19 ( 647) 562 TO: 1 ( 5,640) 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. i Signature Printed Name Address `r Date 1. 4-e... 4.4,- `C1 ha I, . .n ��l ( k Q. d fie yr -os--- 2. , Si _ 6 7 10416y - ep) 5 1 -_I7 o6-9V 3. / 7, 1),uliee- 6-2 '3 1AA,�, '�, L.►-� - q�! 7�r-9865 Ze.224,&:-/-.,. „4,41-X taal ..6...?...5---4.2z.igte,e,-,*47 0 2A2,..) s C%avc%i Romer 6lS L (Jhi ' w r` 1K 5' -/ -v5 8.jI, ,11 a: vI\' (ems i'a 'a '!a ��i� i_ a �/ I' �," Il /�'1,'uV 1 1 1✓ ' I r .,, ` ) P-V .J�Ct c• i U4'S.:. / C5 l0.,r ' -< J a j 'e /- _ .o k- �.0 SA- ierc` /,,1 c 9 /7A 1 1 ffrffl ,AA I l Lii- — &AL K ' /7/AS 1 OM i tric , 6, ' ' 05 (Lit- ,k) 6 's V' OW t aci err i 13`._. a�1 Cc� 7" �1/ l��v4 1 ���14 ZJA,�td o 4-eic so Per lag 9d rr /,•p` L i t iew E. a�► sc�' , 14. / r _ ..mf _.I<-! _Arm ` 0S Mori SS /t 5 , 7 g o 5S 17 r, �/ I S. ,a,/�P � / ,7A, a. ' 1, G,d li i<a )6 �.�JAl `/'(J'7 /'"f o ,k ' -IL' •.1 z, ' ..PITn).1/1'` 16. rilliaglIMMINW la�� 1 �/e—l� y Ara l GJ.S3 / / L 0, ).- 041 --44Pler ' , 1, 1. ,rn ..7-2 t%,a- ‘ I t,„ _- n L. i TS 20. A i LI`� ' i A C a.T- j►r) � � AI .P. -( r g lliElSSk / 1 3f 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 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 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. O. "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 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. r 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. CITY OF RENTON - �i, CITY OF RENTON AABB0\� FIREWORKS CONTROL ORDINAP ID: 28 , CITY OF RENTON ;�OV 2005 SECTION NO: 34 FIREWORKS CONTROL ORDINAP ID: 28 \N SEGMENT: 2 648 ) SEGMENT: 22 SECTION NO: SIGS/SEC: 1 FROM: 1 ( 5,653691) RECEIVED SIGS/SEC: 19 FROM: 1 ( CITY CLERK'S OFFICE TO: 19 ( 666) 34 561 TO: 1 ( 5,639) 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 Slur 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 • - , fN e (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. 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NE Wt, Pl. .1-. 4 iQ3 -/ 9 I\ 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 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 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. O. "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 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. f/ c _ CITY OF RENTON \" b CITY OF RENTON • FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON NOV �� SEGMENT: 2 SECTION NO: 35 FIREWORKS CONTROL ORDINAP ID: 28 `� U 1 '. SIGS/SEC: 19 FROM: 1 ( 667 ) SEGMENT: 22 SECTION NO: 560 TO: 19 ( 685) SIGS/SEC: I FROM: 1 ( 5,638 ) RECEIVED 35 560 TO: 1 ( 5,638) 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. Signatur ' rated Name Address Date / 1. 0/ .4�5 ,-1, �c.i e A ,_ 1 S f 6s 2. /Af /i.%_ . a 5, 1 (u • 212- 691 - // 5S-9P5C fro sf /`` ;L 3. .. __ _ _ G or �, e-cc D - Co 1-, t 7 /17° s—VIaS-C 4. , N.,,...„.... Cj d/'--` _ At 4',`l/P .1 d 4 1J 1 f PL Ac f//'b. 5. p o r a_ 1 Gul t--K 1164 GAt/cFrcni El,/ s PA22c,a 7i..c5'rl' k 9- . 5 t. 98o 5-4.6. 9i7,S4 gi(,�J MAK 11- kil LTC-/'s 2a26o it).6-, VA 5r 9-/i-os7 ' 7.... 22 / /17; 0 /, a cL • .. a( 5 2ZO. 6 : 95706-6, ///.OS' 8. _1��W� a /4 "a ce„.s , X G is -,S ..,6-e-- • . = id-Ost i l 5-- v e G ,� ffir21,17F.ith `' ei� y bc, q rl , 10.,Po % , %. , I hai _ 5 C. ,, _ 4 a/ E '',. 61//G _ rI' ti 1 1. I� - c•S0 "w -0" -37 ; .1 (-o 6 VAs SIAMINATINW/ . rill i f •A. .1 l ' i / I'0,5r 13. • Mit e,,&-i,v-N ok,*5 651 c- Ai - 11 - it ' L 111)5 1 • ' ,iiv .40r, 4. ......E4 --.,,,....- 1.„.;„,..1L,..„.iiikant.t. d ,; 15. -5- c A ' jaalrlir 'cc i s cfrve iez2,t-im h,,;(4.52 16-11/4belkitAliwka '.4 DhJ A % ti/D (466 ci AZ pE Re Cainll/06 9 067 17. 13 C/0 � �7 &qr2t I Cd4Y171S �4 v W 4.;,/4/ © - 17 , AEroa � N I8. 1,�. / Z Cif L V r vic �/3 eimks 4 e_ ,,,F `�80s‘ ( il 6S- 19. \ g- ac(liv A- See-AA 6'3�) D 64-ion 1` ➢- lien4-01c1tO�� CI41-05 2 • �re o4 T SpP,ccr()5 t 11-1 on Ale.12.ev,40 n ig65t3 q VEG5 I � 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 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 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. O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. 0 • 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. CITY of RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 2 SECTION NO: 36 FIREWORKS CONTROL ORDINAP ID. 28 NOV 0 1 2005 (� SIGS/SEC: ' 19 FROM: 1 ( 686 ) SEGMENT: 22 SECTION NO: 559 TO: 19 ( 704) SIGS/SEC: 1 FROM: 1 ( 5,637 ) RECEIVED 36 559 TO: 1 ( 5,637) 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. Signature / Printed Name Address Date esxi Dit 9/0s- 3. 4% /4 dE !/17fG' ��- rnioZ f?1 V invAdy'E,€-�CvL. l 4�_0s- 4. 47,,,Le: °��t+ ,, L fr j lG mo '�� . '��, j �}�v5' 5. ' ,ef/k0 ,i �ric �.- • 6. Q �lJl � L ith)._ax X.6A1 . / 94'a13-6 l A IA' \ 2111 -1Milliffar • - 9. ,�� �` ZaGjf e,i'4' 5',5)S.-4y 'e 7/fre- 10. 0 L/ a--P-r 11./4/'� w 1 S� .r1 -eV ll�, LL ems/ 4_9d . 0 . c 6 �`" S7 13.rue.17e,u9K) d(�I�- ! I aM I7 rr1 won po-eL ociari'TOy * 14. C—Ly-,5 6 Z 7 .'V€ I` 4 ' .tje7n7 4?-'"2. -. //y7S 15. \, '.r L >c1Acco✓1 (51/1 eopi w.)10 St O C t va 16. i1/4-/N (7 e C a'o� � �y �t S� L .3�S`-Ac,4� 11 // -� . 17. f /7/(6/ r 18. /<fJtar'! 7-3 A)a- '144- 5/" 6-76 19. i ./',` a Leg' Ong 7q 26..,(..�12r^/LG^r (>? 96 `/'1/L .97 / ��.3 0 77 20 '0/1t4 l a,4/ietW y 4 ,Ser,R-Ie*o kl c77 ._ /7 kn 7 9/ off 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 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 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. O. "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 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. 0-,9 - - CITY OF RENTON zi CITY OF RENTON �N FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 2 SECTION NO: 37 FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 2O; SIGS/SEC: 19 FROM: 1 ( 705 ) SEGMENT: 22 SECTION NO: 556 ' SIGS/SEC: 1 FROM: 1 ( 5,634 ) RECEIVED 37 TO: 19 ( 723) 556 TO: 1 ( 5,634) CITY CLERK'S OFcIrr 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 .,. . 1. iel I ' ,.: 5 6 7 '/ / , �_" cw 9g7, 76 2. .icr . ' 1, { .. _ 6 �..J ,1_.. a' 4. �'.imui�+ ` / 4'r !..l.i' `/. Li. .► A PL, ►d 5 ' ,93 O _ 5. i -' . - 5 `� 6 a9(o 5 7. "��1 bA'(I& 3��k (00 L4- Wolf- . lPp1`�o lam 0 _ 8. PO7 540cI,1 ciigo /6'13 k(A)011gLciAi 4961, 11/41M-6 f(3/U5 / I ff 61 vik 9. .,�i , 1;24 s\, 4 iW 3%/YiQva7//9 A T #, 9/40 � f�3'nt`c.; Ar A 5w`e 11. .F} ' 0! AL s7-riD 4Igo -r 7A pLioi- �c '4tt g ysost„, 12. C--�' f I-P � L-evb( __ I S' I W 10 r[ t) A - 4.aq 9 Z A34 13. ill 12 /�LAiiisw. liommv. t ',[ S`/G� , 0 _. /� 60'!_ I A. t I �' ,'C 9A9-2 i 14. �r W illliffi _ i , 0( •, it c��3 S� d? 15. /u Z 11 b 1 ' t Ane• col (3iMA . (((d 6v �i1 ; 9 Y'O�,4 7 255 ,h.�E � r 16.� r MIeiL / `I� ,/ i� 7 9 ' « I' r �� 16 17,i ��� C ��-. /� 6., 7 N / s • 1 ./�d S. ►,tr/ j_ ! . �. :� _ 4 -nine ,. • -,. . . 01. mrimp „,_ rit F4110_A -� Age �3a e• ,--.. A___ I - 0i i tldY�iiii '1ii = --. I, ► iv J d I� 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 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 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. O. "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 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. - CI°CY OF RENTON Ui FIREWORKS CONTROL ORDINM ID: 28 CITY OF RENTON N FIREWORKS CONTROL ORDINAI, ID: 28 SEGMENT: 2 SECTION NO: 38 NOV 01 2005 SEGMENT: 22 SECTION NO: 557 'V SIGS/SEC: 19 FROM: 1 ( 724 ) SIGS/SEC: 1 FROM: 1 ( 5,635 ) TO: 19 ( 742) RECEIVED 38 557 TO: 1 ( 5,635) .ITY 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. Signa ure Printed Name Address of cg-®,J(e, Date 11. I 7'0‘) Loi-Dv1/\ S___,, ,,_,_11 --, ,_f_l.--. 3-0 sz"I LCJ 3. e /'' v l c> i" 4� l 6L0-- 64 /fir 7� Cf ,•? 2�-V7--, 5. ic , Ukt 1 ' '\) 1)Awg �, 0e(er 15 1p5 Pcil 0 iv ii),_ AK 7 Nc--4 q .4)5- 7. • c r 4' bc gal q o 1I alA16 8. ' ,V�, / S k iRL/ i eV"ae J; aToi in /0 i-10-769acr6 `/4 9. . Lelu.ca -Fr c S0 (0°2' PlerceC`t ciao i ci/. 10. io. a i 1-. 4-{e44-- , 41,01 __ Wd rim . eGV1 kliS Encr68, w Dtt -laak; A-tic. /0 E ?i ,b --cD 74- 12. p f�-�I1iv� �UAL t i ' eVN do ( I SD g-rAix_d_d rattit.M E 2 1 gS t 13. 1b&jit,�J 1(°01t, dJ1(��V� icl s� �,I,tJr'� `MO-5-6 G�j `' I 'I/j•. _.ice , - - • l ff "LEA1/( S7 U// �6' gii 15. ` ! b lk q t o \JYi t d �1�-8 N e. 9- S j Rt n ct �� (7Z,1a K (,, - ettiten‘iaLa, 6 .9 -c tzz. 9h/ s 17 a U/C iclliZ- Y Gk vi 0 4 4 YS 18. 44--et,. Ca )-7-03 hle -141 ��- 440 EL 1Z-46 S 19. ..20.. _ `RAJ e A.) I 0 m v .01-1 tt(• 2-0 nr pc_ 78os-6 11 z z/os 20. LAII42 tA --- e- ,50n 6,, -7) ll ( A--t_c- pc V2.,,,V61 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 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 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. O. "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 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. - -L. CITY OF RENTON CITY OF RENTON ,� FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON C SEGMENT: 2 SECTION NO: 89 FIREWORKS CONTROL ORDINAP ID: 28 NO U 0 1 2005 \N SEGMENT: 22 SECTION NO: 558 SIGS/SEC: 19 FROM: 1 ( 743 ) 39 TO: 19 ( 761 ) SIGS/SEC: 1 FROM: 1 ( 5,636 ) RECEIVED _ ' 558 TO: 1 ( 5,636) 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. lYD INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF op/ �a/. ' RENTON, WASFIINGTON: 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 I. __ c--, 7%, /('El)-- raA (e. i tleraz .,3.1),, ,,z().,L7,4,2 z-,i 7 -€./virz-P--6-(a.e.A..; ..... // ,- 2. /7k/s c�. „ -e / # _A ni./WIS .JCt?'Cic 1/4�s�tfeg P -go 7y 3. / ! ! Off W° 6.7-/ ' '../1 e7 i . -e,4 i 4,7 ? !27 6)J > / gi,/i(/6,9 ilJ,t(, .5 (ice !�� /y 5. / 4X i- r '1 . tie) e r)-c Al 712� 9�U. �l,63-,, f.%v_e, 1,,,?' ix�a v5 i . '4,-.. IS A. "--$21--,r Z t.i .04. 7 ...-7 i /47 — e 10. Anui m yl AN/rx(�LA yam — 2 c G I/ - Da. 5 ,_ — bl :1. 7 12. ' it 1 i v L/,..oJi (it zpiitrit �G j `c�2G, 56„f a i7-0, uk gsz05- 13. 1 /i , P j _1 --fie., ) 1 C� l 0- S5 skartT k_c/C/(v ec% �-' 01 ? J s'./?_ct! l 1 I � ,.. ZA&J.d 777 &it- vu 3�''�� ,� " ,u ,�J t u cmo 1 *, 14. f-Pv . girlk,.. 15. l 4- 1 ��� Q V1 e/ 4. T / jr9 4 K '3 0 3 .SLti►ec�41. rorr 16. HF A 6�.t- r1 _""147rr 61,„i 0 i 3 51")erca i't.. itl},J QF:Arno 1„, 9�& I 0Art.1 I e_ P C11 e're n 7 ?e)i.o Se,,..Iz'a o(��;;18. ' 6 ^ l " g17 gE,Ara," .__ ` 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 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 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. O. "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 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. \�pb CITY OF RENTON CITY OF RENTON ` FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 2 SECTION NO: 40 (r. SIGS/SEC: 19 FROM: 1 ( 762 ) NOV 0 1 2005 40 TO: 19 ( 780) 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 1. VvIM)//'-1,54,1U � Iid,U�,( e,l�l/ SVIr (A\--c S__.,u-N �z> 2 40 - l� eL6.1-iti ;- ,{ )-- Itmoo- �'c114/oS2. ,,,s v V-e,f fii Lo. ?30 7 !✓r 4f-L '5+ 1 11- ( yle( - 3./ /1-- ni/, e -Li .,.-6 2767 NC e/a - esi il:6l O /q/Ock::)QC- 4/: ' ,,_,,/,/:/// A . to J�. �n-(-ex' .11,E b 1 1,1�1 _ ,�J3 c/,/ziDS 6. ,,k(' ),„., }1., h',‘Y ic_NrY110/11 44 j)2til 0 -. 4.- L 503 1 ) 7. >>'7`/ -V ite v 2a�it- /4 rc IC& /I, c C o l l O G 11 L 0 7 IV �W 4 c4 . 3'00`Z q Of 8. kb b_AA L 9A M eAr 0,C )-{-u 00 C._ -3 o 7 IV l 9 k 5T 5-.>c� `7/y /s 9. - j��frt<r-ram . ' 7 ilkqA �5,/- G/-� f//yj_,. it). /� - ��' _Yv k-ev Gv� �-.3,7 ✓(/ /-ik Sl-. 3.-0,7 -9// ys 1 1. • AicL V ',,"2 ci ?, cr o moo-Yo2 44,, A3 rp' 0 S--'-;, 7.__ -ref. i 2. ir 1 . /K i• . 47-11/-e7.: 13. ' Arlen& UO 43)1 NL4$ #,'23 9g056 9 45-05 14. /4-�dZi n bcaw/cM5 2‘///0 - 'SJ`*0. v. :US&5 '05/cam r- y --jup ):, ; • __ , ' / - -s-L/eG 17. ! e►:�__ :r �.,- 71c,o 1`11-- 4 " _ • --43 c'--1 ./:1--- 9`Io b5- 18. L-cc rA1"l,(„. - f_/' (4°3 VI s. I ) WC 67V- -7? q-/-U 19. S; Sa/z -<I01W o7SG) MVP 47/ s> yl/ y.?C-, yy!=�'rr _y� 20: e'ilR1C14 5:4(4,0 • ,71'6/ Ve_ /1( ST , tlzt y .Y- �yJ _ 7�? p 9 ems.-='3 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 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. p 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. O. "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 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. A 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. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 1 \�� SEGMENT: 2 SECTION NO: 28 41 NOV O 200S „N SIGS/SEC: 19 FROM: 1 41 TO: 19 799 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. Signature Printed Name Address Date l GQ-k• tk Ati./_. rri r r y e Cat 000.. 1-irkWi ne. (`l� 7-5 U5 . tj O'f-‘ 1;1/4t ACI-Clielt 91)9 NEsihsisr 5 -(Y5 3 • :a fk 1P"1f1 )477 R"r�..Pro-e-e/✓ 7 6. J l 1 .. _ en/C /J :.4./ 7q l G. jeb,,vr 8. '�' ,'�� , r - ; . c�cc�`x � � u / 'orami 6 PL it E :2 - o5-- -i 1 � / �r. >v � /� 0-�24- r`41 6 ✓ter A16, �r0/%3 / 12 `/a id 'i g,Ld4tx E 13. Ofif 9Ami i (vb56 - / Lc 151 d r r 14. ?� t M91 `� ,4,, %/15&4" XL-Wi ® f4,.4 1 *- inr 15. •L.� ;� 49' ! ( .�� S, TH., S 7�l44- wMisiMi if . 11,40.5,4/-/ 14 -_/ 05 Wit 17. , 1 ( � � 1-3173 _ ` /��5 Mils , C p J 18. 0411 s7`- 0-7 7Are, s 19. (.� -Tool\ UQ�U ��1� r� �a LP0 not(�"71 ao5� 20. �LO7.0 . in .� G �`oro5 7)4,105� 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON CITYOF RENTON �� FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 NSEGMENT: 2 SECTION NO: 42. SEGMENT: 22 SECTION NO: 555 NOV 0 1 1 2005 SIGS/SEC: 19 FROM: 1 ( 800 ) SIGS/SEC: 1 FROM: 1 ( 5,633 ) 42 TO: 19 ( 818) , 555 TO: 1 ( 5,633) 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. Signatu Printed Name Address Dale oi 1� 1. _ Ssica-0o P 1h� o, * th uw ads 2. C ice` ra- Joao Fyn i►wubd A-tJ t t f at j©c q 51, 1/(qadlY ' ' 3-atfiktille ffillotff IXO-atAll PbA1610- A 6V././//6 4. V if ' ! !, fI-rct i1�-e-e Il 2 GYM 5-if/Jul-IA./oil �l6-/4`[d' Wa.4F sG 61// C 5. r i1 . , / L� _�' 1 . _ I r' 1 . ,iC d : 1/.? I i. -1 y 1 / 04 6. // i i. _L_/ i 11 , ,• . . . _ _ 1 - u �iVz1 .":7: 'G N� 7. Src ; 4, / dryLif ()C -ad 0,0 e_ c.'4 e,5 v.3,r Ni".- a:)-4=5A-- l?f...4v0WA ¶ oc5 b c//1 8. -/IgIker‘d • V Ilia/6exi _cz4/ 1.-- Ma Ki)-46ip-i-he 11) - *V oq, febil-f iik _006-6 y4 1 / A k)6 beLom U I RZ1 (�tl�e✓� Ale �6 Oen s 805(o 11. ' �� ,��1 �� a ,3 7 1 s #''.5'6 12. Cu.Q ' ,,, ye31 -e Paq.e, 1 �m n e i22'v-7Sv1 9 7k 13. Dew* m7 •Zbt kc- S_ ` r:- . ice.tv"rf YaS: 14. dt 5. re e 1 f�O San 5,e 0,_ 91 - 1 9 7 — 1?-e4 okr 2)2-, 1 f a 52 18. J V�, -y rid VI.6 k v 1 Tao 1-4-be.2 l ee,n f1 /1 l - 7b-°•2/- y F)1p 20. - 1 5 , gas 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 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 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. O. "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 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. 99 CITY OF RENTON CITY OF RENTON • (J''�I. FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON �b SEGMENT: 23 SECTION NO: 636 SEGMENT: 3 SECTION NO: 43 5,781 ) \ SIGS/SEC: 2 FROM: 1 ( NOV u 2 �� N SIGS/SEC: 18 FROM: 1 ( 819 ) TO: 2 ( 5,782) 43 TO: 18 ( 836) 636 RECEIVED ♦ Al\1\II ITT 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. 2-77 -�<-- Signatu-e Printed Name Address Date 2. .� L h czv ✓fir f{a/v fi t(// ��a�l o� t.c.) �G j“7 'Z.- N g - � (` fi()f • ./ I/ rot S 0 E 1 k-r1(4), qksl 6. A \C.e47 / 410eiti 57-Qk c-c c14 8. ibiSta A n AAIs#'u>t),,,q `/2J05' f''/ c 9. �0' U kJ-c< ��0 8 6 iv � �i S�1(?` if 1-t' i 4 -4k3- t2Lj k)n, A CI1(05- /1" 11.. e ',//O® it/G',r!/ L✓A(Z "Of 9 �'/G-al 12. "p jogh,) 66dig1_ Zo_.3 7 7goJ7 o/C� 13. ae,r t t /3 , /1/W 7 P4 A,-1/-op,tdif ' ball PA/0 14 G� � .�1° 4- MC IA61 �GC� `� 5 4kt)-_, 15- , c / 2E ='Ir/, - 1 £‘7 n NEI -et ro F 110)7 4.1t7.-_ 7 4.• &A.,/U4 . 9 ac:6- 04,5-- 17 / a1 Li (7 effk d"t. 0 WA R 9 Ve4/65--- 18/ )-V0JC eke Jl✓�tr- 4116C NE 7 ' Pi • gLvi-ion,,tM9,9s 9 y 19. Ftiv . • / fIdiM cr J-J" . annaa io {(367 A/c 71'' pL. eetjAAWAY 20. 413`44.N TOM MI/WI/NI L31� F 1 IP) Q en,+v `rn ( /16) 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 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 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. O. "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 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. ri 4 CITY OF RENTON CITY OF RENTON a FIREWORKS CONTROL ORDINAP ID: 28 �"p SEGMENT: 3 SECTION NO: 44 N O V 01 2005 )'..1 ; SIGS/SEC: 18 FROM: 1 ( 837 ) �� 44 TO: 18 ( 8541 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. Signature Printe Name Address Date ii72t1 . J , r, a,0 , werg �- 11 ./0 2_,V 544.,ES171715Y1 1A-4 ►, flll Arm A jovE,- P.-)__ _ @-1,1 ktit--HVE _ 5 O ' - 12-cvrd�n /,tom- 7 a - 5. . /, , e-4,0--7 Noss Oo ,,w/A/ei. `ft/7A/E )77�57 p_EA, 1 a �rros, c---S vs 6. 1 + J a .27)C n.-4 e,_/ (6' rc Li 111 1�75: i'1+1'��- 6 /a lu i u g--2 '/lc i ' / / brd-f. _C't,r_ 0 brieat _ Cot 4z_o 1 3\ e 11,01 Sst 6T051/3 Si 25/05- 9. _.ri't>ple • 1 i ' ,s • t LI 3$ N 6 ( 7 -' -8.0--c?.: lc oi/A I? , ':(-7-' r/'C- -- ° I A. L. , e,/-- /1 1 1` 1 �---5 I l 11,4 I1 -l_'`7..t� f�._.E� I t Sc Z"� '�, , �c` J J _4�,c 1 a L` iQ L - J 14 ,,.. ff /3j1 2 vvis L^, gj e ic&eS i(Z 3 -,<, 11 71: 42 ti-iv,u ./ /& / 15. --4;0-=- vil ik 1-° 1*A►-1 Li `3' NE l'Ctt' T P--N by EJ251OS 16. ,tiy5iJ-r I +'� `I � Go a AiCi _ CDT/ � w- 4� l : 7co.�,E-aZS, 17. 004._i n V c £01 Ni.; 2 lily AX) ,S7- 40-c 1`R, LOvii °R a S a:, 18: 'C.Aiuk.k A YvS'R 1-`GA-cc c\Ap qJ -x a 'R n ULDA (fib- -3 ,c.,,.vJ� AAA, SS 1 M ae2 .5 '!e A Z2nS.9 / i ;a", YU/4 7 19: IO2-8 Z o 5 2 - 761 -e Rohold Zz-c-c) 6itee4i =X/C ait,1 wr,6 EiLIp51OS • 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 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 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. O. "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 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. p r 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 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. CITY OF RENTON CITY OF RENTON %--j FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 3 SECTION NO: 45 FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 2005 44 SIGS/SEC: 18 FROM: 1 ( 855 ) SEGMENT: 22 SECTION NO: 554 \ry 45 TO: 18 ( 872) SIGS/SEC: 1 FROM: 1 ( 5,632 ) RECEIVED 554 TO: 1 ( 5,632) • CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ti AIN x v i PIER 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 PETITrON 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 1. �rl,-, r,✓Lde_(f (06 Am es c± ti r, os 2. ,37n,n. wwkilvSorti 3e19 A.16 NW' Sr. 8'- /$-OS 3.: 2. JA labp feeLvwN.1.Pl 4. • :2 ���al c��c�. l a_..�c�sca J.21,2 I4* soul A.3etom. $'6-05 �� 5. J a >7 S // 6,iI/ //2 7 4(-).€ � /lac' ii/e 8/5-G5 1 7. / I ' t )c &w /W/ C,N c-#r& A v ►2_43 8. Q l - 2\"C Ph ko )L• ay/' ac 9. Al 4.4_ 1� C �1 Cl ' ,VI p far- Nor • 1 I. ,17 • cC-hf- "I - A* • • 12. oN4v,e%.5IA 1127 Ic,v /c 4 N" \15kcj&1fs 65 13. ,J4' . -- d Ly Si- NV %�.Qi,�o� ffSq' lees a 1 , .6 �ot� C m S e$O. v1 7` Z L[ c l5-`f 10 56 16. `"G //t.r/ /o��ti�,,��' iepr/ kk„J ifrictivE OS-S^ 18. ecca 3 �hez 0 %rkla 'd eicJJf 3- J5 _o S 19. lt,c p �S lct 1561 K,I l�,�v1� .1� Z /��s" 20.� S Ci1 L C 0 ,�` wA 5e--� I(/ �✓ � 2vt �� �-- �GI P � � �f' s l3 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 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 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. O. "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 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. • 4 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. e CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 3 SECTION NO: 45 SEGMENT: 23 SECTION NO: 635 y�yy \1ib\ SIGS/SEC: 18 FROM: 1 ( 873 ) SIGS/SEC: 2 FROM: 1 ( 5,779 ) ®� �7 2005 TO: 18 ( 890) TO: 2 ( 5,780) 46 635 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. Signature Printed Name Address Date 2. flg U e. 8 - etc ` ttz-I g- /e f Iri x- f 3. •' .AA / gvl tAON O ( 220 t C. A49QO \cJ(Q;ti 14c,c ci GS��� 4. 1 4i C c ,„(1, v-� 22Uu Qo-e�v �1 e1U N. Pr4 � i 6 tw-414- 114 9cffoti , tea, f ' Vit 6. ,. , �� �� A,A .. v^-d\^ _ �c,rtc�Dkr\n`\e 3(n(D- Me (I 4 -C- gOS(a �'/a��S _ fi 6,60... P�xwityrv.ra:r/ 1�A111le i l ►t�JitIII'l tl�t1Arnme.r2-���r� ���' t'��L_t A._._•._. -1''_....-. 9. .w2, : ►s r _ 74 I 1 /, CI,s--T;4 P L_ y1 -tom,,, Lam- gas c. z � 10 ,.,t •) ''R.k —12_055 (9,0 C .S Acre N€ /(0.- ramcio5G 8a3.6 '.r", WWfb 6'/ eV-S_ ��- -Ire 3•: ell -i��,-��" ' , ,evi-1 1-2Sth _ - _ ' c -i ��f�✓ l � t' �L -- - ' - a- it 2 �.'_--i_ _ - tp '� , 1 ' ' cS 6 � � 6gZL ,.4 e./L� ./ ' ' vk•Ialu 1._ k) 1 i o 401 _C-- AV NE l ,J (I'M '124( 40 15.'AI. 1.:.w., .,i►L'd kid y,. ,Q 8%, 3 N _ a - :::, AL 4 J 5 . g 2._/ p 16�.. .1. �1,.. .. OSw (Vl rA ,,i -S 22O/NE 27-t S I, , ,, 980. r ` as. g 7740C17 . 4):),t 19. f 1 �. `�ik �e.>> Poem- 1 IU�E. 7 fipn , gc 5A Oika.7‘---- /_e&Or.‘ 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 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 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. O. "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 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. - CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 28 • e-)4SEGMENT: 3 SECTION NO: 47 23 SECTION NO: ,. SIGS/SEC: 2 FROM: 1 ( 5,777) NOV 0 1 20L". 9 SIGS/SEC: 18 FROM: 1 ( 891 ) 11- TO: 18 634 TO: 47 ( 908) 2 ( 5,778) - 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. Signature Printed Name Address f Date k 1. -/fC 1 1 b"i2t:�. �[ sbI rat- /O7-J�✓ )Aie ;J JOB `d 41--5 2. ,� �-,� --���s--fin/I ee / ' Min &O- It ,N406 4. iiheifinoll 7314en6 tallaY) 31") igW Ct fro " Gj 5.` ( CI ®irkf1SC a lot tc1(VO4MS 11VQS Y[ Re 05 I4, 7 4 r ,v l 9Ftz. r !. 2 ,--ein °hex. 4-r, 9-4-05- 8. , t'7 , ,, i ,-- /4 7 "-ay aude v VA-6S- 9. 'AOj' i Dz hriol pVi S� •kAto Gctn�Ave S. qibt, 10. at Ael 1)etti �h.�r-y 260L' 55 -O,,�ui-cPcci b/J 11. t ci r Z(0(3S �V h e_A- //to l os 13. a e `e_4 Ala 7. V /6165 14. 144.Y / 6- g o k 1 L✓ S,- 2// .4.s 15. ,% E-I-� o )6 e ,s- f�.3, < < /7® a w Q 17. , �- 604-7/(slot e,700 CGd o4dr kteA cE c� Sr Y 19. /_. . 94744,-- ; /410/� 6'�1Z 11-lt0 3.lOg � .9 eau.,er` r/'/6/ " 20. �/ id if/(/ r; / lit GtA/44 '0 p' 521.E .rr. /4 `'f ��G/6.r 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 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 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. O. "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 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. h K0� CITY OF RENTON CITY OF RENTON ' , FIREWORKS CONTROL ORDINAP ID: 28 ANY` SEGMENT: 3 SECTION NO: 48 NOV 0 1 2005 SIGS/SEC: 18 FROM: 7 ( 909 ) WARNING RECEIVED 48 TO: 18 ( 926) 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 RentoI' 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 us.e 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 1 - ClaA41`try-N "KimbQ4C.Id Li..On 360a � .�14-h s-} kalcA wA 06,5 2,-20-r, ; 2.W 1 '_. 4..9-ei., i,4, 3 co BO G f 1-1' s T l24 3. . ` !%. _ _ I /a` lI i i iL .. S �, JTi IC T2 5- 4. L , _,v arintarami: a�) p -` r ; )i a g ' ' K 5 - 1t "Q < /zo 5. OW , fir;m ,' <r• Iry. or s-- ;' 4 . _ !;r-- "� A 6. . i.i., 4 /u ' 404V g d,NIE ' Cfi ( '. i7di wl. ,r ' i 7. !I Dot �o�,a5 2 63 @u�,�,,\ rN-G- 13tc . � Vanlc9- 8. . — Aba 7 °f4 ` g L J C? �t t xv l�- >v� o�fivi 41. sbiAr 9. i.g, th / g s H Av /4'-' ,4d"" l c ' . 1�d c, C u 3 d �d9 clyvv: ()�(le lr ek W3 R s Ail ra 0 'tl r�s.p i•L. c.�4v�n w it x- o S, ,__ t 0)) Pea&...z 1 1 �,�-�C�- )oc,i, � Qc'cw�e (?ems+.,,/ �i4 q osd �`" /zo,,ioc I A/lov,...c..._S :`0L-<_51,.-cL ta3 3 (2 �.�-- -,Q lf4'Jg/ D -�Iw,%E a� g' -v j R Lois 1. Y 17 w 1 . .e.it-4, , az Imo rfacc Cr NE, R flW,w4 r'vo.-- v/4 ' ec 15. ,,6 c _Q_.1.la friuM 4 1 • PPfts-e � 16. �l W . . ae0 kit OW,HAJ E.K, st.)Wl 17. i - t C s 0'p0 18.\ n e la pc r1O 350q 4 /1 k Keit-itia LOg 19.,ra iire , f,01 -1,54e14 L441 V( 4,1W- 4t- Vsni-1 ob g 05-6, 5.;.- ._;,)3:1,- 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 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. i 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. O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. ro� 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. \i \v) CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 3 SECTION NO: 49 FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 2005 SIGS/SEC: 18 FROM: 1 ( 927 ) SEGMENT: 22 SECTION NO: 552 49 TO: 18 ( 944) SIGS/SEC: 1 FROM: 1 ( 5'630 ) RECEIVED CITY CLERK'S OFFICE 552 T0: 1 ( 5,630) 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 1. 4 e e I G(Y / Soli ► S 1 i5 • 4. Done dLD LiD n e, SivD-3 510 5-ko c A6 n u e_ S l 17/05 5. tIP `4 _0h/ • 5 6. 1��,►;10 L (ML- r;A- S . S' t 6Hr� g-�1-f ai C 8. U-o,�-�� �G(�� 5 I v S-( S sw G'-36�1 9. ee-,--( e., Ch(i / ira / ,c7 vu7Ge_ - "x` 7 eVZ,� 10. ,/1f a • / J7yu/_=LL' 4)-7-ac'°-i Cr" Rk. .fr (7-1----e A A0444 5 eh 144( fi d'vf' - 12. l Q71/4 \ ek, _ U✓ s �a i?dr ' ins 13. JCU VQ C��rr�k I\e-z /3�rne� -1►-,4ue t o F -{ - € -c� e( 14. L n k J ixa lam- c a.l ce`S,-*0224°y 1� 15. IV N 0 Ui9 �k - '5yo N ev o. mpr l 21c(o,a 14 v 16. -enr\ .240 r-►1p;z U e-So� COP 17. ,= • WeA,1JCL 3� B c.ti-h.�'(f 074.D 5 18. l.0 T� 1)V v r �,�Li r �i� Ix �/O it wA 1e j'S / 0/C 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 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 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. O. "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 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. • CITY OF RENTON ?- CITY OF RENTON Y. FIREWORKS CITY OF RENTON NOV ° 'I 2005 CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 N SEGMENT: 3 SECTION NO: 50 SEGMENT: 22 SECTION NO: 551 SIGS/SEC: 18 FROM: 1 ( 945 ) SIGS/SEC: 1 FROM: 1 5,629 ) RECEIVED ;ITV CLERK'S OFFICE 50 TO: 18 ( 962) 551 TO: 1 ( " 5,629) 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. Signatu l Printed Name Address D5/12,4; ' 7d r'r • • j4Ai Pi4076./4- mac( iipic.fl.NTE)„.1 A-I/G Avc-7 i f�(� gear / S 'Q� 'A �- Il itW� �114-7/S 1 J3� 1��ic�bS�r2 ivy ,vim cj9V -7- 10- 04 4./ / '• / = 'l 3l D. /eel/1/ v k- C 'osz !�.-r;S- 5. . 1300 -ce& Ate —2,/o _o- r:..... IZ �� - l �f'�3 i /�1�1Z//)(rTo,()t�v /C�� 97�U lP 8./ /41.-/- Afe2rg 9. / , • .cJ7a ,C fele e."3 9156. IC-C.):5 10. Ifj'L 7.7142.v Ji n F6 d"Ti c 1V, ,9 1. I J 114,,--/ 3 a``S�S .N`� '{ i r71f (0 //0 . /‘f,e, y (Sg-467"1/ (,77 1-1,4160607tiiita-- iago/uvie% 13h k/96/ e f „Jo khO l ,15. ( �r iirt �, / /-/0-,/ 702 1417/5 - s j'a 16 /- ; `� /�7// 41 17. /�'G /_ ./"-���i S ,�Zi�l ) • E-- ()tic( y d'dd3' ' / 18. , _ /.57 Al -C.�� `et 7-( _0 J A 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 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. 4. 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. O. "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 safelysettingup discharging pyrotechnic, specialdisplay abilityfor and dischar in articles effects or dis la 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 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON • y\ FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 2005 \ SEGMENT: 3 SECTION NO: 51 SEGMENT: 23 SECTION NO: 633 SIGS/SEC: 18 FROM: 1 ( 963 ) ' SIGS/SEC: 2 FROM: 1 ( 5,775 ) RECEIVED CITY CLERKS OFFICE 51 TO: 18 ( 980) 633 TO: 2 ( 5,776) 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 2� f mincc rt� S.-744 �1�� 4`12.1 , od abe Rn�drNi g0U56 9 �0,4 /°r/ . ,�- / 'Ord Ll(-G/�P�///_ �iZ./ A.v F,'�� b*si /14 K 4 . / 'vIIJ sez5- A C zioT M /?ew�o,c, cvi•H$d.5 c9g 5.f n k)�,Tr�- -I 1 sz3 Tu1bef kd S .P +av►, w e/ 'O55 I �}r" $ —2�—a5� 6 cj% C Lal, Awy tic � - C 8MALMICg-g l `), /�� aeiweaCD co rn� ' C o7 Z( �;e.�tcn, �,///� e/3 , k/2 9. fuj1Q t�v+� In a 0 r' d 15- \\I: ,a-f l A' v) 14/ S�s� lOyakTn 2/ Si, S1. Re..` .. `31066.S' ticg r j r -� i0.._ a D S 12. ,Z-�..�,vfiq ��` 5r N�A �.��CJ— 46� U 4��,� W asp:,,- � S' 50.570 07`*Y S�a—C t lti -t>-gp16. �� :; 17. A , • � �,� �I J453 K 13 96 9 82� 18. VCA-r\i±- 11 90c1cl P,(N(!tk ti)V Wen cd 5S . t - 19. Pc,w1 S ;. f�/ L'L/ 1ote.f Ac A./'f% V'S CCU. ee i5 z�Z.3_i nx/Z i /t/e" C /4 gik5,6 z f 20. .�, 745 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 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 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. O. "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 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. N"" CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 2005 SECTION NO: 52 ( 981 ) 632 SEGMENT: 3 18 SEGMENT: 23 SECTION NO: FROM: 1 998) SIGS/SEC: 2 FROM: 1 ( 5,773 ) SIGS/SEC: RECEIVED TO: 18 ( 632 TO: 2 ( 5,774) CITY CLERKS OFFICE 52 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 SH 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 1. �k / /UliffJ c;P14-? 1-CVO Cd P F C260/ /1/ `i,&' 17 1A 0:144 -ge r "'! ,Z /d/ 3. fit.. . oc, &i,,,t „ GJOU'rer L.�,ww . ��r-6[a�pl4 4Je l�tl�➢R� S 9�2/66-- 0 -��oS 6. '� �( 0 ra.,0 Pop Gam/%afeic >c v��'.Q ' leadoe_/of 95--aS'6 7. 64-7 1 — z7- ru 72D t. bAlizgt 9. f5 `Ut CO(15-COW-- A uei tv i nu 12-e v\A®na °ti(\w'� etg-osf 10. / y3AAA 14Lr►'1, ►l j. 3eullel- a4 e. kPm/ CP& 3-7” r / 5h & een 'y , X 1 OoC I 12. 5 r" �- 1e WI 7L-M Zi i !_ wry )04 • 13 Le° UU foeia e j ggn g 4*7-6 t Z oitkr1 Oct- 99z1.a , `6-,Z2 -o' PC 5U 7 --704., 4Y1 rec-s.- 15. , • CI- _ i 14ecie 5 • 9 75-A-kerjegYiette rub ar 9505 - 16 ' . ` • • ,DAIR,co/6'4oze '9 2OIV Ng &NON g 6-6' Aik Alfq til\NV fLtifficr 7,2-6 Whity4 NFAlf VM. 4r& 18. J\ fN ( MAQVI J rclf c.4-0 R-' `l iS 19 ` i 3c I a 3 L 049 Alf 1J� :� ko yro —2 . - 5 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 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 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. O. "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 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. ,17�,, Y OF RENTON 14V CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 3 SECTION NO: 53 SEGMENT: 22 SECTION NO: 550 NOV 0 1 2005 SIGS/SEC: 18 FROM: 1 ( 999 ) SIGS/SEC: 1 FROM: 1 ( 5,628 ) 53 TO: 18 ( 1,016) 550 TO: 1 ( 5,628); RECEIVED ,IN 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. Signat re Printed Name Address Date 4D 1. ()AA • d- Sf 2. ` Z)ov l Aux., obut, it° 32t L,Re.v`tc-1, /va. q ©s-(v 3. '' /1 n RAIresi ,J l`��( /r�Of N� gfr,�'('Ovl (AA. 9 0 o<1�aCoS C f-,�t?/ i9 g �A5 44).114 1'`iz Aal6-4zei-1( - q/3 6�e1Z1Z)� ro,)AOC ilk, k9 ,1 4 5. , ,� r1'11Ckl �lcrl�i >v�6 7P6 eS` _ `/S� h1 ru464 C00 f' .mo d eka �Z g�ry 6. C4 e r r f /I urn ke v' 0 6 4' i tto 42 3o Ai F /fen ror> �v/9- /`�6s`6 �C 12(1G5- 7.J &'E T A, HH/i a �ti 30o Voenici ✓P1 nl( .�`' 8, ci 1 r-neLS — e a ga7c2 Si dCIA 10. s t,6 r 12 SiQp/L " - ACYA_ 664-- -141 " 0,-,rp-PF64 13. O _ 1�1 I'A 1e kie3C Rs - 6YEcRek-K-4- bars ff ` /1 f --\L f�e--n"77Y 1` • SUS 14. I l is O n E g On vs.? F xios 1 Ce4 0 fACtil 6/S *thtx 14/ 19- 16. (. 1 11�- . �� Ofa ,L . ?e-v\,�, tC amain I N- ez (oil x�,�c. 046 9 eo 17. c� l�: a fir-F12.1F P I A-cc14E1 o3 y , coUTo/v ,57 8iab,S 18. 2— . J eo ed Z9 rt* GeGaGT AI 4,-4/76,,,Via- K �`� 20 1 Je,?'7/7ce&,idMui/i , W 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 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 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. O. "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 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. CITY OF RENTON • CITY OF RENTON FIREWORKS CONTROL ORDINAl' ID: 28 SEGMENT: 3 SECTION NO: 54 NOV 01 2005 SIGS/SEC: 18 FROM: 1 ( 1,017 ) ' 54 TO: 18 ( 1,034) 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. Signature Printed Name Address qc6„ Date 2.de fApdyti 5-23Z_ INA/W/11f <g1/4/OS' 3. l i ?' � " l oc-K.; tIfi Ol// 5 -/c e� rr 0D- P S rA L 'ua. `20 ionic c r M �l�, cnP r �� j UtC-74,1- 4. I 17 �� I¢ LU ( �l L ) ,�.5. / � 6�� l7�9 lJ���'C/l� S.i.'. ..5y�� � �1��'T %�J� �9- 6. ti-w.1- . Defp'-- / (,30V U9 7.6i�-D-r :e, e-etc,J` t -b�'1e L.u�k 6 -) cco (' o s-` 8. & A74 ` S j �G ,Ci6 `'2-7 6/)+ ,f4 9 1(.11p 6111(W) R43/9",o- 5 7, r3c,fetk 740,5 4/05 Io. n ov,, J3Vkn ks ` ` �� }�s�;r • �¢��e, � ! /0c� 1 1. f—!C �� ._, ,�`{ Jed S. wit S l2. a . d 61' d 1�✓®� /0/ 111 �, 111� . )V. W otk.6.4A,),, .30 ___, , `PAL(rn U-Pe 4'5 • 15. 7 '(' / dC'%rt J- . `" -Ll/I S c 50. dl//( l f 6 I6. 17. \ c (f8a,x-aulAtss t10(/ Ske.-Mit/&4v eeh-‘Ats/aA' 18. 4) f (._ - 1 a.�^: ('t tit( �C�3,v/S'e { /- 1/ t. 1 7i19./ ' 5 5 2 . 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 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 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. O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. 4; 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. °1`y� CITY OF RENTON CITY OF RENTONCITY OF RENTON FIREWORKS CONTROL ORDINAL ID: 28 FIREWORKS CONTROL ORDINAL ID: 28 SEGMENT: 23 SECTION NO: 631 SEGMENT: 3 SECTION NO: 55 SIGS/SEC: 2 FROM: 1 ( 5,771 ) NOV 0.1 2005 SIGS/SEC: 18 FROM: 1 ( 1,035 TO: 2 ( 5,772) TO: 18 ( 1,052) 631 RECEIVED 55 Cfl 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. Signature Printed Name Address Date 1. C!/71-64'-4--• S7 g. 4)12-iu.077-4-ti5 , 7 7-L.5/6- 2. St N 1;1^+ tel Dap S I --c t" s+ 7/'?(f5. 5.L ((n �CJ1 t E_ Jl r""fhb 1die- -O S .1-1_, •-? 8. .��,f ��-G�J tZ', (-sic ,,are ZY l( 06- /(' ' Z ?/o )- 9. 'Cep-(l�G� S� CT fL cuu v -n 6'5 /36i1l�1'lGc.w, a d e S o 9�= 5 7-2 3- Er--)s Col S ;,J Li s j YOS-S 11. l-- `�az I/�sl-tcW' 1(2L /+f�- „mot- "( 'ToS 7-Z Z55 12. e o /l/6�v / T z / 6 a o 5 Ezc Iy e d r 3 (r� 95"v5� 7-2,3 13. 7 7---/ke-S V(7.Ai 5 446M 71bid �3� 14. Q. f9i✓f1sNia '..A/91//✓f Jam. 34 a�� /PL� I /S 233 c,S/ . nn 15. iZ., .(ir, �U r'�� l`-mob.ec(. C.:66 kc tk. l©ae 1-(C©1v\C&. MIT- L 16. ) Pc. .e. - 1 z1A-) S/07 . 'C /c-�n5- 17. r'r`11 X L 9 (A S 1 Z V qi f2C /1 6-r //ram c Pr) 7/.e' r -1 . 7/2_g -/ L-Q/e Pe sO7/L 57/0o y�91'c.A NE �cLn � � � 7 c7. / � 7 �J 20. 7 A fi j o roc 4( er414,4 6�' B//e-e,te..- /fie A 16 IQeytf 1 , 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 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. .I' f 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. O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. ti 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. r 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. 1/1\��1� CITY OF RENTON CITY OF RENTON CITY OF RENTON N O V 0 I 2(105 1 FIREWORKS CONTROL ORDINAP ID: 28 . FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 3 SECTION NO: 56 , SEGMENT: 22 SECTION NO: 549 RECEIVED _ SIGS/SEC: 18 FROM: 1 ( 1,053 ) SIGS/SEC: 1 FROM: 1 ( 5,627 ) CITY CLERK'S OFFICE 56 TO: 18 ( 1,070) 549 TO: I ( 5,627) EVERY PERSON WHO SIGNS THIS PETITION W11 ti AN Y O i riER 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 PERSON1LLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Sign t e Printed Name Address Date 1` , " t4 Vil' ' • .Cam( ,- ..\�a.� yi,•� 1V�9� �GS`' rt 2. C-- 5 jC- /5 i ,1i-t,, _cc) 1 s, Z_ei ,Yl c -r,... ,u)„ �/2,, os— e;Qa, 4. I _�,,X), a .7(J14�- 1 v ,u,i .W 4 /7 L. c ( A VI) )1 If UV A(.(.4060 7 . 1' -6"• f"v",) l 6. ,z.7. jjee t4 3 )o 0c f$ G G 2. E 23/'d 5'f Rei',/-6lrf i•CJs�? q- 8. ef.c, 6„,,vvie 1 ,i,_ chr hit vc., ,Riii,-,,,, 1--2„z.--0 9. atL2_0: 11 r — 9 ,,_ ql zvJc 12. ' � cl,.� . .' / t 4 iiQ�'I c,s ed �07 (%'2^e t'r 11/t/C r/uSy 13. , 1 e K rieek-XJ " KA,ile Ci/eJ-• /kdi/ gricrod w A- /fJ p / 1 14 r �,.1 v c l�'�: 7r.G.ol; 47.ac,��loo, // /6 �� e '' Cr Li// C,z?(-,5 15 It \ - Z513 vUern>r - PL = Pe: w rt,S-1,,i-�4w I . -,I---s ,-ekr' Az_acir.i 07,)(____- ,___E___LeZ_ ___ ___/_________t____ve- ....4), 14/4- N-i()\ ff /UL 17. p ..��CA �`�,�N>C1^J �.rz,�� � �.e�� �b�1 � -�C.�Z:d TG 18. �� C ,s ��71�� d2 i f r�e�- RQ- ii,,, "zvclg�'� -----I-944frfypuo-- r--:--- -... .-x-2.----6,...---#A-/t-ely—e--,5/4.,d,--e-ef-6,y (7_,A.4.6_9 -2_, ot 20. i 1-02.( Q0o01; v' 38 i l it1 E y--- (4 . 440, Lyf9 ,9 Z 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 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 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. O. "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 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. `1\v CITY OF RENTON FIREWORKS CONTROL ORDINAl' ID: 28 CITY OF RENTON 1 SEGMENT: 3 SECTION NO: 57 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SIGS/SEC: 18 FROM: 1 ( 1,071 ) SEGMENT: 22 SECTION NO: 548 TO: 18 ( 1,088) SIGS/SEC: 1 FROM: 1 ( 5,626 ) NOV 0 1 1 2005 57 548 TO: 1 ( 5,626) c c RECEIVED EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER'1I HyAC§ei1KFER 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 9 Zf �`_ - — — 1 653 4. • 601'6(1 K A \ I�af5 Shotc-o(n A-\)6 N6. (26aoN� (-sue rvel� a4jC S'r, 5. Mit,16A p j-i-0.l Ave, i? 1- 94/2005. 6. f fe/ 1 + �VI- Q Pizos It - tO . - Vprtai 9. ( P SRea ,�. R e � LJA_ 10. � ✓ll� i�Z��S �S Pirtzv� ', eg, %/5 • r 1 1. ` co.:i 4 TeoIhP) ,964 rdpia i5 Ave ATE k4vA 91656 9-l-6 5- 12. ., d 111 otvi(� Q& vtfb Iu ,3 [kLoA- t5 uA gc30V/I's 13. �,,A, Fw IA C. d-V; 10 � Csu* Qi a, 14. ' o- 1 4-07 L 1 '(.J`•%pc oya _5 mil/,� ' 15. S?M12 J 03 rr6'tJ -ra 3 'E J//Q6 A, ,&.7c.4) j`P4S 16. E C 91I co, r1 lrh 530 V o - P1 . 4b20s' 4-98as-z, 17. 18. . era e. o/ e `� 7 W 9Fa;e I -. ' "'VIZ S.Co ADS e -10-5 ,S '.&-e-fvfrij i,, 9' S 6 cly063- 20. % 1N pie e./14-6 .Zro7 4 iii `10e�s,'8 /(cw �aod 4565 5 �l�s it/ 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 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 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. O. "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 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. \�,o ry\'y CITY OF RENTON CITY OF RENTON c. 6J FIREWORKSCITYOF RENTON CONTROL ORDINAD ID: 28. FIREWORKS CONTROL ORDINAP ID: 28 • ( SEGMENT: 23 SECTION NO: 630 NOV 0 1 2005 SEGMENT: 3 SECTION NO: 58 SIGS/SEC: 2 FROM: 1 ( 5,769 ) SIGS/SEC: 18 FROM: 1 ( 1,089 ) 630 TO: 2 ( 5,770) RECEIVED 58 TO: 18 ( 1,106) 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. Signature Printed Name Address D to R AAJT�A/ I. 141 %' 4 ff 4/ ( �il ii 0 YJ'f dil c /Ut AcTi ©� 3. Hat oveyf?q 16) SSCdbm b►idic-(-tiE 97 /6,5- _ PR. _ AI 6. fr,0711, tez 1 °-c 7. k://nWfr4 00). Moser- ra Eotwoo 61.5 11J-e- /VP (►iaiti 9k/05I ,, ,,/ 8- �p ,� � �C��E�7� J ' rll� 1 )60/0 fJ'J,j 2 Z-74TGivJ5 vG'Y Q` i 9. O &- , / matt x v y_ose. aim ç\v1owthR 212 D V" iz Siwe r &who 4.°4Wkle f, /-oC60.5 gAr<Cji• 10 Aa_A 11 G..( l�.-s 0 c" r' l i r l3 • vLo r e- a 1. % r _ r (pA • "73- 0 cs- 1 0 . 1 , �,q s 12. • �tn�t,j+T'/ . . 102 g�� Z 6�s- ,tL . ! } //'L, 1 �?�`°A./ y" s7F 13: Dl,"- m /- 6 S/S/ A .7 d 14. -, I c.Pl l b /Ha £ 9(f.s-' l—'7 15. /" -Q�}b "(Ana E I• le(1s k qu-7/'}!�!,f(D(to- 7,11 " SU e +�� /11t i Q 2/ lam/ Iv• 7b .5'03 17.-Ari'� ��=pit/ II -• �// t i //S'L`d ,� Z • •cr 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 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 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. O. "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 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. 4" 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 le.. , 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. o -" CITY OF RENTON CITY OF RENTONA\', ," A� CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 ," \� FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 23 SECTION NO: 629 NOV1 �jN SEGMENT: 3 SECTION NO: 59 SIGS/SEC: 2 FROM: 1 ( 5,767 ) N OV 02005 SIGS/SEC: 18 FROM: 1 ( 1,107 ) TO: 2 ( 5,768) 59 TO: 18 ( 1,124) . 629 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. Signature Printed Name Address Date 1., '-'>,'.% • , 4e_e_i ,' ) 3 68- d'A 9 z7.--- 2. 6nu/ -14 4,-- ti -----J 36'3D- )1) )s ' ‘5" . q 3.. 4011,J /74(14t SC,-2s—N67 Gv/4 s--iL r-a s--- 4. -{,,U' / o-i)iv33 be O& I ( 3(a U t ,J, /rJ - S tiSZ-- 5. IL. 1. _ _. uti' f,dt e cc G , 3 4;2 c N to' ,,- ei Sio si, q_s-a, 6. vor I Pt,_ ( K �,.e(,�J /D( J�Jew po - (-t- Ng q S v5(, cp 7. -: (� ��`c i30,1-0.V ' i'i 33� ter_- i' S -eu54L8. d / V r e ► o .e , bl e_ e= - -, /� Jr - l�`NT�N�1.- 9. %It it " AIM ". L, A Jr 'T A //n' 10� 55S l 4:40 UPJ g-�Ps-U/ / �yi7"--—_a___a , • . WAt4of VV W / 56Z L( ivL -A✓ _ p 01,7y-iti ()Jo_ 1 17 :--�� a e,% i - . ( Coo") ' ) y4-t 5÷r .n eL / �� b 1 s_ flak( "IE •14 Sl, R `4OYti�S� 13 a�.e//L/. il. ��' ;v '. : -ca 7- 4. !i'f��T ��tftl AV. Lv14Ci>� 'x ., r , IP '= 9-5 c 15. ififfftWilWad _ ;/ A' .,/ '1-Zb_,d of,/All - rsVe 16.416 - r V;y 17,ril nIPIP—Al ,{ 6-1- n iffirlAirEAMPOWIR ildilAg9W ' ii'J 0' t Lc1 _& 1 i► _.; isiLi,t`I1 Q J tr ��c 18. M= _ ... A A._/_ ._ ._ i ' - iii ,,tr__. :41/110WW.71 d'Y ?) 0° 20. 4iz Si fz Me. if Si cr:z"- 24.7 q tz eegirk_itE a/E: ?�?4-5-"" S 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 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 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. • O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. 41, 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. N 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 unles's 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. L A1 � `4t4' - - ve a a '. r ncev I UN ,7, CITY OF RENTON CITY OF RENTON ♦ ` A FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 Inv 005 f f SEGMENT: 3 SECTION NO: 60 SEGMENT: 23 SECTION NO: 628 \ SIGS/SEC: 18 FROM: 1 ( 1,125 ) SIGS/SEC: 2 FROM: 1 ( 5,765 ) RECEIVED 'CLERK'S OFFICE 60 TO: 18 ( 1,142) 628 TO: 2 ( 5,766) 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 R ,fi a D` coovey aat t , —• >rt ZZ( ,.A, Z//y• �b /�- 2. I "r‘ 1: = 7/0 • - mc--/A-4 • • / aveina nictijA-430•-) /7/6 Men rot'floe! 44 650 6. �,�� � , coG c\O\ s � �� (k�JS� kN N 9-6719 5 7. � _ keni P 2�gII �J '�"�S rz_ oa y 8. e KA' less 5;4 /.,-Pr 21 o Av z ) 2. c v G.11 irfr36" / 4/ , ,/63' ` n �s: -� 11 . I 40- r• r�a�(��� d�ram: l r: 33L2 i,.e 46 12. • • .I. �.�-� /� 6 /Ca - Gjr�C �47 sv a H �- ate.wce Z5I Z W!� �a 5•-• IZ-ed,So-u,, 'et8 05 14. '!f�:` -/.�-024 a- 17A(. 2-9 .1( •J4 : a 'S• • cI 7(o 15. . `#. "1-- !� -- A; Lr Cv 1. LN /5 i40C4-11 `T + 7R0A-©N AgaSib 16. i/ (-' f G D 1 �'S /OS1)o%5f-n��, A-vc, 1U i 4, __,- 9'cU foc 17. -,_, � �. n U^e 2/( - Ne- [Ukh ( q\6(0)4k- VOS6 (� 18. L A3,►/ J SI \4t � iU5- 19. S � del l (- D62,q he Zvak.St- c 7 ,a 3-1 9/7 Jos 20. 1 e71 09 G ST ( D FIREWORKS CONTROL ORDINANCE `u 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 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. • ICE:\"Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. i- '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. O. "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 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. S ction 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. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: CITY OF RENTON SECTION NO: 61 SEGMENT: 23 SECTION NO: 28 SEGMENT: 3 627 SIGS/SEC: 18 FROM: 1 ( 1,143 ) SIGS/SEC: 2 FROM: 1 ( 5,763 ) NOV 0 1 2005 61 TO: 18 ( 1,160) 627 TO: 2 ( 5,764) 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. , Signat re Printed Name Address Date _e 2g�co �1E 1 fi� t n *\Ao1. .niu eexlkoq 9ccs c IZ 1 0S- 2. L&Aki� .--few (�u.ci-c J `;PA/'{(-(c lAlc`►40 ,+ 7-\.DA °(zf e'S— e96 1 u ��G c ' 4�4i 3-36`7 �e-0 S i T-/b Ranr`Io 6 005n��y S� 5 1,/�vvt ,� u� 614RoLy* mvA))1R-tituly l )8 e�e'� er,v- ' 5 p/ 6. WA.A-94—Dl /(c)./1" -sorv`T � 3� 1� din y S�/y, 7. R ei r-eaJ 11} sA.L& -51/e/44- R; Ga2,0 -lev ,fog (/,4s'. N '4v,c /� e 8. E S \ 4 9. 0 g 66 10. ,, aim' i7' 446-4/L 7--p0 r 9667v g 2165 11. ' k0.\\\*bn S(.4ehs 5 c 673 Oa61; ► -tom v �Sos 6 q.2 c s / 13. .ire _,1 - 0. de 2 a*- 11 "W 1 t e -5. T /'Sr Rev1' �crI 15. Er o nnlb Jilka:m I5' iI DlainrAvkie- Ceaitn.<< gthe, /2 - s' 0,, \ 16 ° J VY Knilli u�5 rg , � net anton9go5cp a /*I 17. e44.1)e.o y S ( (0 in so f etiQ ton WI ge .. S'! / l8. " p � Gl �itij /,, .. ii I 4- ' sN(i�y ge,?-44,01 BDS‘ zOS ,4- 20. ' I t 40I��' ` ,�\e.+�cl �.cc 1t t V' t (013 tv 28t« L R'e,., iel- c, 5 FIREWORKS CONTROL ORDINANCE ti 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 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 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. O. "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 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. - CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 q SEGMENT: 3 SECTION NO: 62 SEGMENT: 22 SECTION NO: 546 ]N Oip 0 B 2005 SIGS/SEC: 18 FROM: 1 ( 1,161 ) SIGS/SEC: 1 FROM: I ( 5,624 ) RECEIVED 62 TO: 18 ( 1,178) 546 TO: 1 ( 5,624) 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. • Signature Printed Name Addres �� n �n �� Date 1 _ / ---„</,,„,_ ,Ig /-1.,- 2 ii.) -,,,,5 p 41.2.c/y 3. „25,&41) . .--1 ,,(;-- /D 07,-) .1-00L,c,P ., ,),----,,_)7-7- ii 09-- 9' rr .9p6-6, 4 • II bDP 1-s —94"-- 7 5.c jui,kiv pc, -t V\ it ,,,,,,r- Gg' ak �Q t00 i 6. k ' J-Nkc--5).__ p(Ncx.,\_oc\o,, <1k.SS g ScR) NV, Hk44- ( I-0r\AA o� J t oD . (acre • �� 1 ' S 17k6- 9.� [a, �J\ rrit t,_ `�`' ��' '1 LPEO J4t4 � i '�40 - 9 "A 10. tG d i' `x adt '. OOd 2L(j W.. f 1 i 1. . fp yg Awing- (14)/- 02,j)• e l l' - -7/) 12. ' •'1� , �G-a i:f'1/ G�,�`-// G/ �r'/� - 77�/S 13.( URy44 gt:fef 3/c) &/tR0 /t/ 40•eA) floC, , j 14. .' , // ri- -S L -- 1�i, -A)- 'if , --0 - 7`?A 4Nc-7-F it 1e S 7 2- A Pe vt4-A> Pi 0� e 1 L�,�- S r /l M coC.� �/7 I. .� �,, �-1� 4f - • eA /7d/ N A-44 p 76 lip�`' ` — n 18. N oA e- )nrii e .\\�� }D�3 (Env\coaxe ne-- < 19. I,t,U, - v`�- --eL,�L,,.wt 323 3 ��L ilk s 9Yvs-c ire !?lc 20. t V�0, ' - O (mac.ccAlL. S ( & o/U/4- 1-�ISc- I6 8ro,vSON J NE, ecs6 °NroATI' y; zs /3 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 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. • fVl^"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. O. "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 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. • �Sdction 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. - . - - CITY OF RENTON 1 CITY OF RENTON CITY OF RENTON will f FIREWORKS CONTROLE ORDIN AP ID: 6 SEGMENT: CONTROLSECTION IN AP ID: 28 547 U�Q�" n 1 SEGMENT: 3 200b SIGS/SEC: 18 FROM: 1 ( 1,179 ) SIGS/SEC: 1 FROM: 1 ( 5,625 ) RECEI`JED TO: 18 ( 1,196) 547 To: 1 ( 5,625) CITY CLERK'S OFFICE 63 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. Sig! •.tu- Printed Name Address Date 1.)-I 11/1. ) kell obo -p (AV ‘2-,1 GiVi 0 Jed UV,t 7 70 4._� ,�,� �11_ ', _c,rq to �"ersnr.) 3cx NL`�/7/\' Ren�To�` 1- .960s-‘ c1-76S 5. ; , ,4Aei:, _�U✓,�.0 . -'' 0 5oN $ 77 JIARk'M77 ),4V ' NF y 7 t ,liPlignalt2 ' 6. .A et,Ana/ ,4 II.- / a to _ . •• A__ (2 j ‘ 1 _., j !4 !W6 Rt L . , osC—" -.7 I7 Z-6114- pz-- 4-- 7- 9. :_ 'A 1 t> �, : i :J ilt•_ �" t S' :' r 11/1/1 _ �'��� Ld, IVA • , 5 5 a� i i. V' \u , k .w(,ALA \O V j l�4 . 3 ' , 7.0 . t 12. ��lii. W1b P1= 7 13Od N 2t. S'( ��� 2 aS J K 'wb 4 I - 13. P....._ —"`� i l IF Z �rL- j SSi- v'r�v tuq nes d 14. ` c ,-,-- F:`S k__ e 123-Y3 ,_, G2 44 f -,;(-Jct 7 aJ- -- 15. . Gv�rti (,I{� Pc�-Al e Pr 2 0®�' 1441'r; �o i efi ye-'-'-f--:- A (JYAjj D� �f � r2 / -7 :7h 8OS6 16. elly - `1- O A (I **J 1r c�O V u n 970 q 17. ,re—� . 14.✓(/ &- % t 'C A6 34: R 7ba s-e, sae' -2 1 /V C '- _ ./wLv 333 vim-, 0� Iol 9:-e_S-6 ,`/5- -. �.%_."1._ -,i1 ,i /. I �� WEINERIPr 01. 1 �4_I - 1 0,Oe e �S FJ (y c Ha 20./ � _a,� - Lei ' 6k,_7 .-1 .4 [%� , I`nd ,I. - Jr_ a� /I'L,�l 5---6 / f J / 6 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 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 S 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. "1ermittee" 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. O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. ter. • 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. CITY OF RENTON CITY OF RENTON TY OF RENTON • FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SECTION NO: 624 SEGMENT: 3 SECTION NO: 64 SEGMENT: 23 'OV 0 1 2005 SIGS/SEC: 18 FROM: 1 ( 1,197 ) SIGS/SEC: 2 FROM: 1 ( 5,757 ) V 64 TO: 18 ( 1,214) 624 TO: 2 ( 5,758) 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. Signature Printed Name • Address Date 2. c to/ 2.01 a 'ems Zl 3. I/6 5 s t4. � ,v Fr 4'� c P-t° e r J®/� Z ao 6 r4Yd e/U 4 v 9Ct 5. ter• 1 /Av,9 FE9�t/,C. Z/G 6�,eDS1 4vE ti� 26 Aype9SS vs -A.A 411.2 c.• Ta " (ow 1 --2e,k /66 9fr,c./10- 71M iiTIEMMIILIPIIIffr IJ' • 8. sf1_� _ Es1�: /.�� !t 'ZZ� :11 . ,!: �1' t �i f c ' �s .. 9. I;r _ILM °v'1 \ o IM(k8 at. uA •� SCE/2; 10.E WAM<IELME. 3- r _ J, 0- 55 o«J wen, 21/4) 3E) it la1 ' Ave NE- : 4 7 12. _.�� `fit 6 !�„,3-t b3' '" 14.0ei .��AI ,1 �/% G . l i e ) A l SZv 11• `� o. ' ` 42.o dirt' fr h /, /lf g, A. t. d65ef/z4 16. ` 1!V ��o ��`�c� �' -art- viz AVF 9 () /J 17. t . /A.J)la <S!6..c)cam- l.S7.7U - 3 l r 9eyvs5 9'/L 47 18. ,/.�� '/0//,4'i' 1'�'is,45 of `.7 ,,A - (//)eAI 19. "�Qfl �, LOei LE if r�,L A,f 31/ 7 e ,�J i1 F,J P' 4)46 0, SS 20. A:cti 374 a—ej-dt-e-efk--Q-4 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON ITV OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 3 SECTION NO: 65 SEGMENT: 23 SECTION NO: 625 N O V 0 1 2005 SIGS/SEC: 18 FROM: 1 ( 1,215 ) SIGS/SEC: 2 FROM: 1 ( 5,759 ) 65 TO: 18 ( 1,232) 625 TO: 2 ( 5,760) RECEIVED - I IY 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. Signature Printed Name Address Date 1 '1'69C \b0irtAIVI Oedilde 412 jvff 215f c' 715763 2. .-14 ;, Lii! ? /�r,, fora (JA7?�•j Spa Af t` n— et 7/ / j 3.,.„a el .,�- ( Tv c.cy f ti4.ao 45 t s I L 211-ca /q./ 4. 6. .f= ,yar / ;t� O'+�':s4. , / ;lb— q:3 1, rt .A-,..,. A-ri- 3r to 714jkr _ a 6. 7. &a-16 -- / ',log) 4i i- bay?o, . vAz ` , 's 4 4/c)g 8. '6,i.gut, 40:, n . i'LlAfte Ort VatAti Mb LIWAO 641//6- 9. 1'- Ate, r ti�. )1/4ibi /. �., r'vLA., GOer ,,,, 5 arituriteiaccdt. 7—9'_- 10. / vlex /th- %V: i N `" Si— 7-1°-6 11. i`c, tiqc ' 7-c 12. . b r L / AO t' 105+ DIVA 7L - 1 0 5 13. ,, ,D,A,t %i SAS f�.�,(�-�(�1 z- MI I (JeV•i �}s)�e t k �v (ndr)(1-- 7 t���l� tzt• I... 4li _,, aQi-, - . 1--i-KKL. -6c-A-Mt(-4 - -- -1-?,-- .%-_to__ p_s-_-7_74:Lsc- :7---te---:c9:--___ 15. Q -� , ,� l!� ; = i`,�(�lpl `\Or `:�7 1)/ z. • '17. ,. l c r A r�riArArOr (1 . ' r ?-.-7 t c1 7-74 _ - -- 18 - —.A.-.",ZIArill -77 19. fiMA �r^.: �To-RtJ1%). ;W-e. 4 I C��� �+-1.4- g,z,); 7-(,.,—o. 20. /- , ^u � -2?L!e 5���1 e!J c 2 o 7) L I` i 7-/o- 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 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 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. O. "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 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. • .1 kV '•:ti'. • CITY OF RENTON CITY OF RENTON P ID: 28 I FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON FIREWORKS CONTROL ORDINA SEGMENT• 23 SECTION NO: 626 SEGMENT: 3 SECTION NO: 66 SIGS/SEC: 2 NOV 01 2005 FROM: 1 ( 5,761 ) SIGS/SEC: 18 FROM: 1 ( 1,233 ) TO: 2 ( 5,762) 66 TO: 18 ( 1,250) 626 _____. 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. Signature Printed Name Address Date 1- d2/fi1,�0 ,P A e_.i�-,G _ ��o n n-i��n roe--Ai f, OG t �5� /1-aa.t7!4- ..2.6,4er 3. � .-',1� 9� l�ihl4 7 1<�Zvi 33 b v;(-�ya�U,ntG f?2 !Ve j --d�- OS" ' 6. ''' .,"..t_3 cir) D -1- ilc% t •E. el-4, (---r, -7//zye'r- /yam/ J S4 9 6. -i- ` ' ..i;d," Oe 2$- Le� Arc.. 5 E/5O 7hgki-' 7./?,:epi.t_j AA, FUCA Ai AA t'RyOkAl :3 Z7 i a viA5 x 1.1 `30 5 tAiibi 8. £/ c'� Lc .( 6Ltk Wl1c ,I— // ( � Fd avSX/ EAJF ex� 7):<.1 r 1 O. 10.,,,i. 11. . 11 . b1�e_.\ •S All , 'MI it.► -i-v Sr'.-*<:-low /fo set v7).,2U5 12. ill .-yi,-L Mxir j si,c ' vit../ `f2-5 t. PIE s•1'1\,51--C. l°L- C 'd S1j 7-1 13. 41 j e.S.Pred F 5„J/ - 14/2,®f ti'1t AV . S/. # 101 �'�' 7,?-0ti� 14. 757 , `c�4'. '�/'-6'a iG S c 3 +11 P/ Ci...•-.L �/�ale o t4A ,„( G[/. /G .s / 7 U. , t -- -7_ 15. !� , �r�� / cK / 0 / ��� 16. _ e a ,/y� /z / / J ' / , cam P e---/qG ifcir<o73/ 17. ,C.f- �o �` �.= . z.c Lr, E l s,,. 4. I l✓ 8e-- 5 7s-et L...,,, 7-Z ..a.o Ss ` 18. �k Z2-5 1�4610,,-.. S. � _i � �d�.-, ,.;x `123 a SS -7 - z-3 -o S 1 , i °�1, ?K-F..- ___ _ ` o z�-- 20. ..fr-44 A.4i'. i r c 4 4Ct /6/$7 k Ate .`; 7/ ld,; 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 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 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. O. "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 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. CITY OF RENTON ' CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 , CITY OF RENTON SEGMENT: 3 SECTION.NO: SEGMENT: 23 SECTION NO: 623 67 SIGS/SEC: 18 FROM: 1 ( 1,251 ) SIGS/SEC: 2 FROM: 1 ( 5,755 ) NOV2005 TO: 2 ( 5,756) 44i 6 67 TO: 18 ( 1,268) 623 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. Signature Printed Name Address Date 1 ‹. • 01 , v/ '19ot cd(kell)(44Vit/3 Mj"rtiWtiji-Oe. /1-TAOPO ?W '7/4/4 - .- C ' , i 80J-7 .?/, 6--- �r 3. d ` Mom.z el-hA n c y a r,� - 61 S w' '`a`r4 ,i6 4. i_ (iaiu- i Irr 0 a.a k C cis � . 1/ — Gle — � � 6. ` 4r I?o&S2 c'4 ` or--oi �2cal ScU 5rI/ 2�1 VI 7. , E 6 T 1. S'-Daaf - (4 S ) i H(1 �,i t Afta�a5�' 1 8. -641,tidsb ciefiftoi, C.-e_.., t3 rctar) l s ��- i36 71 r ei 9. I `-RvVt v� y Z-o\S\ ,-V\ q I c'r SS 10. __p� ,,� I 4 1lb it 2o •7 /-1 0 11. �5 T-U 5V1 L cc5��.% ( Silk ?t, I� I /- I- `�SoS�I 'L� 'i� 12. Q / 13. tiOt jr � 1>;I � w ZO ( 5W S P1 . (moo ti 14. • ai 1 r, $ G(Ay C `� �-�I 401A/ �C� c W C5 Moe 0 4c( 97.0 15. 0 1. � \ t _ I -I ' Li' r > / o53 765 �. ,61 16. -.4 1 , 1 4'-.•�=�' L- 4.ULS r(oAiiEn. e6le7 20/ S(a Sri PZ- RPT-(_202 Y6-0 17. A,L Gt P 20 6(,c 5 h Pi. cipi- M 62 q�QS� cs )1�� 18.�� ' V / 01.swc i f -c °7' 20. If gl(127) oct la- P e 4 r,1-)`'iaiu,Le, .260s-pf c,\-1..z,-eLaoL__--q 9 (os— I 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 3 SECTION NO: 68 SEGMENT: 23 SECTION NO: 621 SIGS/SEC: 18 FROM: 1 ( 1,269 ) SIGS/SEC: 2 FROM: 1 ( 5,751 ) NOV 0 1 2005 68 TO: 18 ( 1,286) 621 TO: 2 ( 5,752) 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. Signature Printed Name Address Date 1.tP - Gafee4-1 m(t? i(e C actf /.6 L'/ Vvsioss-- 2. S 4-00 &P`. LncL2 Repas-3 Bis N 320ci —04)c 3.iU 1.(k F--ernan4-61__ 3 (6. AlL7 - —)/Z/g65 4. Cn S LaA 1i 1 Y,r\ TVA zg(O6 AVM by-r N bSo.fl 233D-7 M 14±- -f- Dia 7/ar10� 6i . 55�-3rd PL e- �� a� - . 7c 4' 3O� Sl_/s� ` ")-Ze-c' 8. 9pte< y)-- 41411 \0-6 31,5- boAADr‘ 9. F1S1 i' &t41: PC 10. itc.6 r�o ®� /}/9S 38M /W �`�'' 7/ /05 t tie; \ctS k.tt, A-v.-5 1-ate.(-)S • 13, - ? (P. lU 774 1D L 15.\): 1-6n6\ce_IViir-L7,--Zis-os 04 N �7 �/ .1 o y 7/Z.9/s 16. L� � 5 ��, z � ��� � 17. ' cAl (ktat i,11 K (.l I whrlmei" CSTLt •2n.rsfor wq.agg( 28G5 - 19. _o._ K i.nnb'/ NC-0 )) ja\r (..t) 7?9 20. w�i `��I�( � 3 l)�;a� �- Sevin,r�� �°i (7 t8 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 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 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. O. "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 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. P •F• 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. CITY OF RENTON CITY OF RENTON CITY OR RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 3 SECTION NO: 69 SEGMENT: 23 SECTION NO: 622 NOV 0 SIGS/SEC: 18 FROM: 1 ( 1,287 ) SIGS/SEC: 2 FROM: 1 ( 5,753 ) 1 2005 69 TO: 18 ( 1,304) 622 TO: 2 ( 5,754) 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. Signature Printed Name Address q i Date 1. (AftlitUvIkA, PA,/_ Aaritn a FAJ1 aSOci 6Jt ^ & S G Q n % lz`�5' 2.G," -`----- I/114 14-P 4,e (ate (A,,e ,U,- q(S/S Z 3. a A, e, dric, I -fill)E. 6 445111-helt) :3&-35 Aig/TA?' Pir aicz)(Ygo-56 4 • F,I?.S 3 46:D- AtC, / si 5qi4Z i 0 ad q?I o� 9,/ &Jt S 6. .1-C. L k —Al n l N 6 . - 1-6 (N61 Ed % 7--) ` 7. I I i /SE-r/ 77e4-6% 8. 11' /t 4 6 ('- /_. 3 7--—T �-ii e Re - Er �— 9. <�.- 5�Z1 c- zs � s a � a/l ,- 10� , /, -1 . 9 o ,5` yio5 1 17/G ,/ •,/._./�fav�C /4 Qc y t e Jig T Jy3� 7( GCS , 0� 12 . � - • ` 4'foci CAR0 L 41 j, paws ��voinafilrf fJ ye _L_(J� �� 3�` c5han�h / /, (f V 6 9 314'5 13 IVIa rho 0 Ll 1^G -2 ti' `� l -e�- 4- ,q'-1 14. E60N D ('f•c- Ari 1 s t , . -� al r ;J , I n .em-. .e_.1,-F1,-�, ;JA tic!as(� Piel l L 5 A . 1ti1`has 16. errs A"l'q ?"/,›-1Oq ,&/h s/ R---77 - l✓-rre:f 6 f.%Z>`� 17. //ze . /1 6 , (em : f OMaS(11 A y _ /a . l€ v; 7/ 4&`j 6 , "`, 18. 601/X Lidx.4 v5 e_. z % �,J 4,4 feKe. r 19. /ZZ i),1-e— 411// Lae- /ll,,,VI k la- ,�j . , q1,=>J� f 55i — &/si t=/r-Yf9= -6 - )v 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 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 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. O. "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 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. T -CITY OF.RENTON ` 1� CITY OF RENTON CITY OF RENTON "� FIREWORKS CONTROL ORDINM ID: 28 FIREWORKS CONTROL ORDINM ID: 28 y SEGMENT: 4 SECTION NO: 70 SEGMENT: 24 SECTION NO: 695 NOV U 1 2005 SIGS/SEC: 17 FROM: 1 ( 1,305 ) SIGS/SEC: 3 FROM: 1 ( 5,957 ) D TO: 17 ( 1,321 ) 695 TO: 3 ( 5'95-9);r CLERK'S RECEIEOFFICE 70 - - 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 VOTEROF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature'- Printed Name Address ate r,-ey_ os- t{ LS 2Z ; `` 0 ��� ✓� 6-e cve 5 c +- .4-9°l- F-/" 3 )-I?c '13 'I� y -7. jl1. 1y�il1 f :S-1-r 7UGS / J G4- � P �_ ` ��ss �U 4. T V' c 60as, c , ,&-_, • \\V k A C> E 10-`E g Os--S---7-P- ,6 111:409W7 All': 1,' 1-er.\ WO 01 * ,N r r saw 0 In ' --(c7,51- 7_--,,:74. MI1G:2 . i —..�., i ._..- .-_ r0.. 1 f�./, )f� -_ tom✓N ' �tL\... O- CLS IId'1 iAl�f I1 ilri'L �Q wilMilliiiiir^_ - " O vS. (a) e.2 0 l / ��.� 10K, a,nA__ '_ � 19-1G1 i1,�.,iAAoJ (000 �� ( U cM3 .7' 1)v c- 1 1. < "� '°7/1/vV `� ©✓ �i Ae1 (.A' �i'. i 12. f\t1 / l.. ., `Co ' , c`u 6,,®0 ( .3 ��-````^ �.�- -,�, v4 9g0j' ' �Z 13. `''�/'�1"a bk/i�� — Cc�o S w z i 1- e_r.. 4—1®S "'CYST' _L0- jaS� J 14. ...;..J/ '..1"._ ... -— am. rt .er o ' 600 - c,. *I C "(Hit 15. _fJ% ice.' i . .J 1 �fk C 1 T-- i• • e 16..- r ' - r �-_oil i/f kJ fA r /�/' -/a g6• v� .": :::•:!1-7. 'Or /0"C------*---- k_je-Inetrfrfri 6 fri ! 18. a /.''' ✓S ilit6 ' a ,'i .4-- , .cD -iC Yla-CS • 19. _ _� Ir i /PI W ACT t/A. , (pp 20 '(�� �" ' �Tata,t, ry, ,,,,,) SS I S 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 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 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. O. "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 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. r , 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. 4. CITY OF RENTON i CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAL ID: 28 FIREWORKS CONTROL ORDINAL ID: 28 SEGMENT: 4 SECTION NO: 71 ::::: : 24 SECTION NO: 696 NOV SIGS/SEC: 17 05 FROM: 1 ( 1,322 ) : 3 FROM: 1 ( 5,960 ) u� �f @ ® TO: 17 ( 1,338) 696 TO: 3 ( 5,962) RECEIVED 71 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. Signature Printed Name Address Date \t.. 4 i , . / 4 .;!-- —_ .Iel —thviiiirmioY -1\H-347W—I ' ij v 2. ei 'r MA 1 �r.lL, '� . �� ) ' OS 3. flfi.�i'1 i� 1 1/1 '' b—/a11- 4K S , 70) 4 )7 J-),. / wir nn C 5. / 1 `� a' �Ad -5 .1 i �4 I. .,I::. 0-r - 6. ' 4,ti Allninrier - 7. ,/i :1�i`� i . 1 \.4I PAO S , OK —(q K-- 8. I° la" 11, ,x 1�G ( . . ,.I Ze)3 (-) , --O5 _. n QV 9. l C'/1-'�7 �efC‘i Ook (c% A41l&cc,c ' ve5 4 L-2O? `c .(3— 'TO. e A‘Lfitilga- IL-----#4,---1--1' sAii: reuuLAk‘ v-itsmiestr=-9-0-5-A laid kr 'sni-:- 4 " *I- = Y' 0/0 11. ,ck -ki , ,,,, , _ ;: i`�41 C�Y ' 4 /x,,. S. - -' - .I_ ( 0 r CO 12 ..iARrAi .4; s. s; jell r 2fti,` - /11/ 4 ie3o .4 14 06— 13. . t.Je lL ✓ .i w/ L 4 lk 6 rA„Aq 141,z, ICI 05 i 03 14. " ' ' �ri r'1.�1' , ./ • ` . , III 6 if, --a 1 T=1 �" r 15. dAI :i IN` a \c L I ��s "ao� S g' OS I 16. _; .G,�. & t : 1,1 /iI c-�I u ' :, ,r3 2 17. 0,1 . /�� �,.� f.w , . - IL, I' ' _ . VN- :_ -36( `'i° 18. I r' v /. ✓ iL: :., I [c 3QI S'�o 615 19. f� ��A at. , I U - n r - v e , A-1 10 J c , 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 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 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. O. "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 effecta 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. t 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON v FIREWORKS CONTROL ORDINAI, ID: 28 : FIREWORKS CONTROL ORDINAI, ID: 28 NOV 01 2005 SEGMENT: 4 SECTION NO: 72 SEGMENT: 23 SECTION NO: 620 SIGS/SEC: 17 FROM: 1 ( 1,339 ) SIGS/SEC: 2 FROM: 1 ( 5,749 ) RECEIVED 72 TO: 17 ( 1,355) 620 TO: 2 ( 5."..'''''' 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. S';,nature Printed Name Address Date 1 itil ti,flik ,Ti)i• LF0-440-iL4,0 I 20( 4/41/0,4V5 AGC462N 10 _It(6.' 2 ',--.1k- - V1A-1241C-er ‘trAila"41- 41-) Sr 1 VA 00 INi& irvk" 41/1/113-- ' ..). 0 3. �, ' A , /t- & c e_ ,22/1 Ceder Ave - ,A1.12 /o 2g os 4. ciAos 1(n a r k-n CAA S' 2_9 1 5 C edcAir roe. S . Re in,1,N )012,6105 6. 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C� 1 I' I I I AM 5'• SA,J s/ I/6�Z : /3-G S e 6` • 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 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 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. O. "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 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. : CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 4 SECTION N0: 73 FIREWSEGMENORKS 20NTROL SECTTIIONINO:r ID: 28 545 NOV 01 2005 SIGS/SEC: 17 FROM: 1 ( 1,356 ) TO: 17 ( 1,372) SIGS/SEC: 1 FROM: 1 ( 5,623 ) 73 TO: 1 ( 5,623) RECEIVED 545 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 inclu ed 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; dud, if n'ot 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 theRenton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED`FHIS''PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. ' 1\ i Signature Printed Name Address ` AD ate /ryy 1 .11111NatirP ' z. ) _ IZeco . FFt)Li 2. src C. 1 : � ' ` I . - CS-G. P g 'Za O ,l .,r11 -.,f __ .._ S r R,Oy . 4. /IMF if" ' ' J'/ 2/7/1 2_ / r 1(. t (15• (� cf' 5. ` .�.._.:, _ ! .3 f+ ,4. t it ,.y GLl2k or 1, ' 1 - ari7Q 6.al1?!,..�.� y L ! ' . C r! g 7. bIl, %1►ANI 'G N ) .61 (Air I- l -,"t Uh. A 1 �'d-1 03 8. ...-.. .i . ,'4_11 t, , f lil ii a(c)i-7 - c4u• i arr. 69go56 sA1 55 -►�� u5 - 0 7,44k , 0 - •&) ki T7.12-Ip /,'" / c_t ,a- -v¢/U Try ,9 - . bercl ee, AU•t ._ -*) Gil/ F -61 12. /fir✓ 1/ . // _ S / _ (7- - i •i Li . I'ep '• �d C 13. I._.I , i 1 ,► !S 4 , iv a-d,d( ,Lr, ►S- �'--.71^ 05- ' .. W - v:,-,,-,- •17./C. _; he & r.! • r o ry .r a70- - . K Sf. " . c, f krvi',N $(4.1 pS 18. ` ;,Isu� 1.: r (J ( J( I<i ka ki z g� NE Z,P I)(. R� ,— 5gil(° 19. TOWL4IMINSIIPIWIMMINIMINIF7-AeltinSlift . �� OS-6 $ % 20. �/_ ,. .. Jt a- Lca.t440n4/ . S� / _ , �� .(2 j�/�Q S— 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 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 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. O. "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 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. .1' 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 1 FIREWORKS CONTROL ORDINAI' ID: 28 ` SEGMENT: 4 SECTION NO: 74 SEGMENT: 23 SECTION NO: 619 NOV 0 1 2005 SIGS/SEC: 17 FROM: 1 ( 1,373 ) SIGS/SEC: 2 FROM: 1 ( 5,747 ) 74 TO: 17 ( 1,389) 619 TO: 2 ( 5,748) 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 E 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 11 f lvr+- (Y1 i 1\1 D v -d C -18 z_ttEutni ei. r re-id-rub- "2(e0 5-i 6-/5 aS-- 2. Job ©D le/ Pc , ga dDs7 8•71(5-' 0 3. 1-.l el 0 0lhAwd/ Cal $l- .2 , //sV A-07 e, $_1,-��' 6.. 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OS ` OW 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 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. A f 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. O. "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 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. A 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. CITY OF RENTON CITY OF RENTON • CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 • FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 24 SECTION NO: 694 p� • SEGMENT: 4 SECTION NO: 75 NOV 01 2005 SIGS/SEC: 17 FROM: 1 ( 1,390 ) SIGS/SEC: 3 FROM: 1 ( 5,954 ) TO: 3 ( 5,956) TO: 17 ( 1,406) 694 RECEIVED 75 - -- - - - 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 - 3. g_ win/C(6Z (;-,207 ' ' lida' 3 t( 4 iNeoYlT\O r\ c l A 03007 a I►III cc 5- 4 COE45, 13v1 4 4t= p `ete- - 0 - -. 7,0 -/ o9 J ,g M . I ..1 ` 8• " IM�1r` �r TAi�,� v►�r� .uric airric.d;leU �r i r 9. 1 �.L.L i • ( 1] 1 _ 1,1_ I ]. 1 s 1 I 6 — innaLtifir NO5/- tA3 q/05 VC-65- 1 1. ' ' l�/�l"7Ii!!%!e. ,/ .lr t1 I .., -'/ _ _,A e /U. q:e°�, I � 12. �. . _ �11 rr, Cl tq LOOP' of . 1g°S7P f 13.�L�L�/1L!T� A ' P� , I l[.t c�cz . 7--Lo 0 ►' i • C,1af 14. > . • k4. ROtt)x)AA At-O,IJZO 5411 Ne / 1- S- Revt.),A 5'8054, 41405 15. , milli.` .• I L _;!I ` ,_ 2 G,A .. ."" Tlf 16. r.,.. ► .. _:_ �'_! ._ .... _ �-- �. - (11 ohs ;fir 63 :r. _ l ` ll�l 1 • 7. , �r`iLL1 us 18. 3 4 'Dij'.A.iSriet tviirc FYk ' - 'el-1 L Fr 7 -bs- , > , I, 19. (k� 20. L �� 01\ )-11 CT' ( h ��v 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 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 issued a fireworks permit in conformance with Chapter 70.77 RCW. .0 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. O. "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 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. .$cction 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. CITY OF RENTON 1 CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON FIREWORKS CONTROL.ORDINM ID: 28 SEGMENT: 24 SECTION NO: 693 SEGMENT: 4 SECTION NO: 76 SIGS/SEC: 3 FROM: 1 ( 5,951 ) NOV 0 1 2005 SIGS/SEC: 17 FROM: 1 ( 1,407 ) 693 TO: 3 ( 5,953) 76 TO: 17 ( 1,423) ••-----.--. - 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. Signature Printed Name Address Date E ° LBei( 1- -65 2 " _ �/ r_4 V 7 z- 3 iot, Ogs Zei&silk; . '127 Aite_srii,cr 7,--- 2 .-e7s / •�� S�� 2..7. 5 5. (MEW�� i 4° ` 7 I CIS •rr_ti _ar i';' _ CAE ��7 61/,�� a, Ye 1[�' - ia Joe �' ile 1� ). �',does� 05 / i '71 / o 1. :4 Al- ILAII Jl//''rIR l9V\ !"I_Cd�C1I " i1%1 -- -- -riffigerr , , -7 _/25--- 9. 1 , i► iE A_L _. 1 A _.A • _ ,_ )1$aSC ,- ' �o - . / ' 02(// irE ' /,4 .s4; `. ,/,"' _. Z/� a O 3 sk,.,0 V zc-e- 331� 0 , cky s-s az��A. '�11. 1r�' �'z' "� � �J.n ct�'L s� � �� 12. )4L - t.. t 2 �c i r'1 sole? . 3,7q I me 1 D`1" 34 �ern�o 11 '2-2 2_o 13. ,` 1l' �u cJ a 1301 N. 2CS ft - s4 —1.-2 if-- _ I / i Monroe_ Avc Mt:- �•e-,,.. 4 o� 7- c o 16. g_MMAIPPALti ' at Arr& -16 05 17 f ` --�h N. �4tv�. ' 1 ` `f • . C �' S`-r. 1 N01 % t-ki&.2; 8icia.4e so 116 geiz-5,rn 9A ref — •• TA! r ---;:"--.•Fr•• -•'-4'.:7- , ----1)' . - ___149--eaS-Ci-i:3-34--c-41,4444 /4T 20 ...-- - %' �� /J oc' Aae �e 142 ,ii- 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 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 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. O. "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 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 ofthe 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. CITY OF RENTON CITY OF RENTON ;ITV OF RENTON FIREWORKS CONTROL ORDINAL, ID: 28 FIREWORKS CONTROL ORDINAL' ID: 28 SEGMENT: 4 SECTION NO: 77 SEGMENT: 23 SECTION NO: 618 SIGS/SEC: 17 FROM: 1 ( 1,424 ) SIGS/SEC: 2 FROM: 1 ( 5,745 ) NOV O V 01 2005 77 TO: 17 ( 1,440) 618 TO: 2 ( 5,746) 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. Signature Printed Name Addis f/ ,_ ff4 �v� Date ei-v21//b 717/ix, ) `7,4 `'��' 8-�5 �,� rs . - ; J\k Rn17 ici1- NAPoLj 3707 A/.z J pt de�, 76P1 oS 3. r! �,/ `l c- 7 ,s Z3 A) r- ge f-e /� �? � � � �- rya• �) 5. ✓saR �� �� rr 3 qo 1/42 " P L. w �2' 6._✓3� '�"' 2' [ X.err��-`y am /c,v - C!? :74 14 sot-, f leV/ fin/ cg&t, u 4/r- r L)i" LG&/J/z - UJl� 7. •r A. V�G. 3S L2 un►1� �'/Si �e H i 0 ((sa S ��5-to G R 8. 1dZK � � � �`-t S AO / t 2e 1-J-A s-c. 77 10. ,i, �� ,3/LL f''/G �s � �Sl H/ A)' 7 A. 1/7 c / //3 1 i(Ni 'e\A-4 AMC 51 b (.L. 5Pr b CE&FW f'(2 5105 12. _L mo inr \"1 Iry k- Q 13. r rz1 —769 S I7- of 50.38 SIZ§ 14. -v o oti Ga A ire Z e t- -4u I,• el St,S 16. e we 2 rune 63Ly - to-) 96- j 17. 2723 ... * _ 2 _ c c3N cftt • 18. ' ''' g � D e..• -"" Got 19. �� 6 �' S v7i61 Pau:h , 1,pel qy — -z s 2 ►mils 20.` 2r?-'Lut ,.L1'1 G rl`C4 �- L� �? �' Cao ryie n ,tg,A TR-b S_ 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON • FIREWORKS CONTROL O ID: 28 FIREWORKS CONTROL ORDINAP ID: Zg SEGMENT: 4 SECTIONON NO:NO: 78 SEGMENT: 22 SECTION NO: 544 NOV 0 q 1 ?005 SIGS/SEC: 17 FROM: 1 ( 1,441 ) SIGS/SEC: 1 FROM: 1 ( 5,622 ) 78 TO: 17 ( 1,457) RECEIVED 544 TO. 1 ( 5,622) 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 J 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 1. ? Seel " As•{-Nt Sca vn .,,,,N, . ,R.,tug ii Al em-to,n i20K47 Vi oc' �)� SY1s 2. V; ' 1 1-1 1' �✓' !-I t/WI-1 si e. p d L, ,o t/r.0 t 6e,, �-.- 'g'o s,6 /� �. /3 f u Sc _ se-D Mae )}us✓ �E- IIPr bl 112gr. ��v,,g8c5� 8 II. 4. (/ /' 1 Q't ( vt X't dr- g Ob 1Yl 6 n ron< gvr,J 1le Art: FIz 741..)t,1l- gt 5 , / 01/\ VIL.Ai ft FIA- )--)0.-AngeN) AAVVLVO-C .ki'tott,,°1 0..., _,„,.., 6. 1 - `-.on Moo '�1J�1,\tctevtS b r>.�c Arne. awe Of Nf fef OK tii 7 -- \\IL Lo izip . ii - .,J-:"'-*-- ---L---:C-6‘'C 500 ra,r\r-v e. ck.V.k_ rv__,S A---1-‘ 61 c)5(a iii 8. Jo,/ ) L rie Zc t) /kr.,, e 6/ _ �Z.� 6 f%e-6. Poly 0 ff r 7/, 9. / r /br Ua ,., ' /0 to`, !2 o 6 F-z44-0S la 4 �L;v,c. ci 4 5 . l� 401 91676 11. ` 6 . a)i dlC2e1 1.S'o.( eb KW MonraR7iNe N e a!s� gore/ , I We _ 12. \ ct.e c. 11a v'Oe (.l / e �� Z` / 116; 13' - .lb ) ))I � 3 t E C Z, 14. �` \G F t c ,�+/ J-( c A)-(,Na. t- PjP n W�i�c?s� S�/2.1)i 15. 1 A/Ld/C/ �i2UU a�00/�o.cj,e6E (- %r/ EA/rd/L1 16. l J (-i i c, el Act 5 oo I/1/10vw 0, Ave N& 6- ? f,Vt4"av, 04 `(05-6 04.eaL • 18. 1.ti„.. ONIas ILINci' 653 1/i o K rC %- e- g&-ior Jur wig ci?0,5L g" 2.5- `SS _A_I—_ �::� --- .r tom' ,..'MM �L�AkaMilli •'I �r 15 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 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 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. O. "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 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. , CITY OF RENTON CITY OF RENTON CITY OF RENTON , FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SECTION NO: 79 SEGMENT: 23 SECTION NO: 617 SEGMENT: 4 NOV 1 2005 SIGS/SEC: 17 FROM: 1 ( 1,458 ) SIGS/SEC: •2 FROM: 1 ( 5,743 ) TO: 17 ( 1,474) 617 TO: 2 ( 5,744) 79 _ RECEIVED CITY CLERK'S OFFICE EVERY PERSON W O SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR 110 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 ETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MA'KES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. ,\ INITIATIVE PETITION FOR SUBMISSION 'ro 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. Signatu Printed Name Address Date 1. 4/ Zetee,r- lv5�(r�f�-lCl�e� ICE Q�v s�g �) /e I&-7.,... I 2. ,-,a t//v l/�/I/ -ie �/.�o�R A.( SG_r�sF� �34.- 'o..`( a Vo 3. / e. ‘ 1C)/1 e 6-4/3 vigil, < , /. L�/4 'Ace ,�,7, 6s L. -- *k'1 //OR4 - c): C1 IUE 4 e—) il "I , wa, 9 ®s'-4. 6. 1 , cl 14,cs & rG5vo/( 2./0 OO)i 771 /614471 4. 7'OS-q j/ j os 7, fvt,<jov't - 5714iavv frgwk 740 7 6lafrtc_!l-c-iz- MC 11eif, .cti41 c ' 6-2-711" / 8 VS a 10 Zvi �_ 14 �/ /4 /e J�_�7 ,r 4V 209 9 - I1. GR1�' R1 . 'Zi.1�iK�AqcaW (Nbok w.v i ,1,,1t9 5ro 8 j�Zl0_ 12. L N�, c3 r G 0 3 7 B ti'!ve Li +,A St P-1- 2 166, gepo n wa 13. e� SE 55/e ,�i�0&N7�' 51 e(to I) J�l.1e- /./. �r� &27� '`� wit-y�o56 14. /J /I" 9.vz5 xe yG 4A) Sig Gt-i"oN atc.,e.W, ti.e c,,Tet !- - 15. IUD � C 12(2 t .P�� �'e �"t �g�� 2Rio 16. _ i_ u /-/ &--477 .Z't-) t: 14 /±5 > R eit17-6 Wi 'L-),1W ,e,,,re, 18 • ( ovt5 4' 0)1 o,q G/cf oi IC 17 GU Sci4 tee.,47(.4,4)k`l-Iss-c-,sc c/Z ,,S 19.1 k. i e.. 5 1,I1i 69 0 CrA�.i/viO.0 /ti'i7S 6, 2 ' 33311 LtQ oni ll k ' o n-{ Q iv' 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 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. • f 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. O. "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 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. CITY OF RENTON 28 FIREWORKS CONTROE O oNINOP ID 615 CITY OF RENTON ' CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 23 FROM: '► ( 5 741 ) SEGMENT: 4 SECTION NO: 80 SIGSISEC: 2 TO: 2 ( 5,742) NOV 0 1 2005 SIGS/SEC: 17 FROM: 1 ( 1,475 ) 616 TO: 17 ( 1,491 ) WARNING RECEIVED 80 CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWI14GLY 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 PETITIONtWHEN 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 gen ton, 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. Si ure Printed Name Address Date 322 CEcaSLo 5OP A'sf 1.s, 1. / a/Yuni(Y& f�.Ot3 EL/ MAINctcrLOK3 #10 .�La 510 cztys05 8..0 2. �'� L 2I \1\* NI 3tsi- .�,vv ) 'QUO . 3. �� . 2ii(' /VIEE/J f3Z tiK)cOZ,K� ,UE,�,�`% 5-6 4: 4 , ' ' 7 CliE ? . 1��41 .' 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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 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. O. "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 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL(MINN, ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 ' SEGMENT: 4 SECTION NO: 81 SEGMENT: 24 SECTION NO: 692 NOV 0 1 2005 SIGS/SEC: 17 FROM: 1 ( 1,492 ) SIGS/SEC: 3 FROM: 1 ( 5,948 ) TO: 17 ( 1,508) 692 TO: 3 ( 5,950) RECEIVED 81 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. Si 5ture Printed Name Address An. I 7 Date �� � c�-In K4l wl W1Q -'ke(\ T-O�s 7-3-os -7".. .,< , , ,,,,.......,,..... .7_. ,...54 `f30 ( _S-t I 1 :? 1 '7/3/s (4:23. , • C+ ' ko,e. 5(9 <egur)1/4_,kmod 7- -c)S . ... 4. \ ..SI)(Ui CO, 10 c At- A„ S-S J / 6. / J 262. e . -iffti L,,�. ,�`1uettA°L� U:14°���'4itY) /4Dd teat i) cam. ti eG -1 --453 - C-Ififel"--Iritirl-htt-OCildf-16121.62 c- ' 1-- -PIt6.(..,__ ___ 8. c� - 3C-Ave& GiCts kin 41,1, ,liC Nil ke-i3 f( 113 ' 9. Caott-J, Catilke.-1(-- - /,--6-141 10. ( ' i t NA L . vU S 212i3Strf tiO . � 13/65 11. �� cam"- -, a 1422 y ,//e 12 �� • `77/0 , 12. 0 Q_ Use L/ ali At , f7 . has 1 c, i ///), K/� C � ',G & / ,,:,--31,1 rii,.r 2/ (62rij3/65 14. , ie, _ _ .y/f/li' 4 end. t Z6 u /f (T r/°� 6f \ 15. j J Al't/2,/I . ' k_R-Art /2 Alieit/��z V 7f %iL/ X6- gel-AL WO 7-7,' ii 16. ;%_ ' // _ .c j ',@-v� lfi'C 4, A/PV v 5 c� -12.0. 0-,.- GeS‘ '",-�' IS-eV7 • 17. ' ,-- . J.4-Se/1/- fT-6- (9 9a-Mt/G A/C r/ & g 18. .10.261eic ,/ ,." i^e�'eg' < " Py 1�5^ ir.►� �°, aae_ , �,F' /40� Z-37r� 1•. �,' � � 0�. QUI Q r/>(11�.Ec is r, CD�� �i�(ce_ •��) n l3I� / 20. /IAA Sici24i .. ANNA aL DA) to W V a fce ei turn J 1E0 7`' i c 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 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 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. O. "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 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. CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON CITY OF RENTON SEGMENT: 23 SECTION NO: 615 FIREWORKS CONTROL ORDINAP ID: 28 SIGS/SEC: 2 FROM: 1 ( 5,739 ) SEGMENT: 4 SECTION NO: 82 TO: 2 ( 5,740) NO V 0 1 2005 SIGS/SEC: 17 FROM: 1 ( 1,509 ) 615 WARNING RECEIVED 82 TO: 17 ( 1,525) 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. Signature j / Printed Name Address Date 1. tape a ti i s G� • avit D'adkAta _s--35bItguidt-4/./.5, 7: '71-0,5- 2. —� Q' 5 .9 ; 11Ir- vvd , .iklp (Z I`f f- 05 3. AV / L /3 /LIBm,rSWi;. 5: / /5` 7-/-OS" i ( o -clioir �ri 1�� 5i0 34 uu:we-, Ave. ad t3j YI 7-1-os 7. ZA/a4(fiOvLe s/419- L /414,9n-we 6'va AF, 11,4 7/ 6G 8. kies.,t4:..1, 37703 NE 171.7a) /a. va. 9 b 4 10.4 ‘,An 1 eg1 7//vp.rl l l�` X 1M , f )AAAInfcliV v & L6c.4:4 Aar Se- 7• 4-45 12. s ��t��� s�.etLt 37 �UVIUA/ Avi it% 13. At . . Z-�. ffoluv6-, �" r ��4.4) Z `2 , �/c c� 14drei i. c .r ``�' et--3 d-opr- ,,/f • .L.0-/ 16, C= � J l31/ M 3'' .2 1/ ?-2-�5 17 _ t"/l`t l ,Pr.'; �'�! J ) JC4)/ g AS S tAtJ l e J 0- i , 'j1)1 " -06 A. .� - 111A.�19. r 40 A Cikkat," i/ --- a ,/e/4 , oe- eg. 4444, 4 '1800• 2II ftek CA lotref1/4:331LX1) �� (Gi,L t/��. a Lk pe___ 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 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 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. O. "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 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. CITY OF RENTON - - CITY OF RENTON 1 CITY OF RENTON FIREWORKS CONTROL ORDINAp ID: NOV �A SOON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT• SEGMENT: 4 SECTION NO: 83 SIGS/SEC: 24 SECTION NO: 28 RECEIVED 691 SIGS/SEC: 17 FROM: ( 1,526 ) 691 3 To°M ( s,sas ) CITY CLERK'S OFFICE 83 ( 1,542) 3 ( 5,947) 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 4. 3. C_ W tx,rt c -ice- S e 1 -sue 1 l Pik 4. 6-i 'ei ZU etc"66., S17eit ,(4., 4 r'( Sfit e a-61, 'd'd.5-s" 9/c7/cs . 5. .i0jLej14 6-a 16 h ofri�'&n A 03 6 ,4 h e�r-d e I l), ve 5f ', r� 6. ./ �f , -5 i I Lill A/4AI- 4VV 6,414 `I1O cr `//17l0c 6 7. � cArbra_ lu v1 col .del. / 9 9 'L'7-6)c.- ; : q vt Raktv 1i.06 CroA \ AV C S , 1/30sc 'ea q _ 1 7-(p 9. t E N�—Lu O S.3S 6c a r i y /Ji/ s 1 "sue -7 a 7� J �� ,A.53 .#1.2_- ,„94,+„ vres-,r , gyos-c 12,. _ 4�z0. � � t,/ 911 go J e Y� G t c � i Ue 13. bu i n 60(rjcF --\- 1 f2,3 i 02 15. I l d 2 S,atzck le frt ;221 sr fr91wp62 th/62 / 1/y*16 -fine/I-d m 4-Ari-3 17. 40/7011M S 1,I �' /. r `� ► 1 it I.: ►'i Na1il 18. rid -320 9 6wt Sc63 19. 9c \ko ' �7a 6 SC P1J 1f1 o end it n- 20. .�- ram' 0i3on 1 nQ 5 , 31 C ,, r, \.!h `���'S vr/` 1 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 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 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. O. "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 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. 'TY OF RENTON • CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 tt`` • FIREWORKS CONTROL ORDINAD ID: 28 SEGMENT: 23 SECTION NO: 614 I' ® ��� SEGMENT: 4 SECTION NO: 84 SIGS/SEC: 17 FROM: 1 ( 1,543 ) SIGS/SEC: 2 FROM: 1 ( 5,737 ) RECEIVED TO: 17 ( 1,559) 614 TO: 2 ( 5,738) Y CLERK'S OFFICE 84 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. 1 INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned't-egistered 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 1. k----/doiiSeiô 4)l�4 VSArentei (L-Vt /\ -Y� VKST 2. .-- 04-r��Itfoi,e767- .q/lt AVM. / ZTH � -e'`� ' 8O6G 0--es"-- 3. Q� /� pF p.Y chi , cc) .D,..clut 0 7„,, ji'F co L Pt. �4v 1, t'os 6 q��/05- irQ.4v Q`� , 4. ,1 t IN , T� PO loaf $i iki,ilhi14 okior �i'c'd j/��� 5. 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A.4 _ _All _llir 4 GI ffei 11 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 24 SECTION NO: 690 NOV 0 1 2005 • SEGMENT: 4 SECTION NO: 85 p� SIGS/SEC: 17 FROM: 1 1,560 ) SIGS/SEC: 3 FROM: 1 ( 5,942 ) TO: 17 ( 1,576) fi90 TO: 3 ( 5,944) RECEIVED 85 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 1. . 7 1�, /I: , ?i' 4 '�6s� - . 6 - t - JLi 9g°54 9 05 . __...-, 1 ilWAOMEMIVAIIIMINIErlin. . - - -.--fe,-,A.:A. _ - --- NA-1-4,_: -- 'At 7_, ' 1 — ' _ ' — mo, — — . - 4. 1 ' .1. :.li.l /1 �.-�� ._�_ C ., 60 V.I, Gil :1` if, ► '.a • 'A- — ..", 91,05, 5. _ink ' + 'ash y� l al 410 6. MYr- IliAw !/ ♦ '' (...? ? 7. AMPANIV 8. ,, PO4N /9i �TT/f45 237 %,�'Y�P'.w. ri: eV"- eltic )64 9 .s 9. - /i ,.i/C .Z -II °SccSS� 10.. - w '" �� : , ,.G AE 5M---t 0 75 tt 1 I i OeS t (2�N I'D TO 7/q,( . 1 1. ��' . _ , _ - ;� as Q� �151'IV �,A, i ; 2 - 9XoS DI ----1-14 ,1 iri_ :kV T i ox.a a ;111WIIIt�slurrr `. r '' -616514 13. ,;1 C� - � t z`1z /UE OfK t - --C1-Ez5 7(0 S-(o- ��rfa1s� /L^ 14. 4rD,1c •i?s '0 ito Out, ( o /, t'. 2 G•r A) 6 e.ee.,e fort CSC/(' �t 15. • b . ,w. • ."7.7- Do '"":? .- ribvw.� • A '1 • . r s6O MfiONf0e PK. NIA 7Soit cilip 16. /ffirdWill , ( _ I'.r_ -.4, '.i_.. 0-5 vo,R 41 17. i ,TOWN. ' i �' e / . a _ . �. `• ' ,' � s eftd 18. 4 �jl .1.1 c.I ( t,' 61`�L j- 9�os6 91 o� ariamilikAry '6' 19. il_ ____,.. MI, .,____L-, OD ''-.0 ....frn..._ -,,f, - 0 20. / �, __ A A), a 1 14,. - A�aLP I % ?AS 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 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 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. O. "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 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. .1 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. CITY OF RENTON CRY OF RENTON • FIREWORKS CONTROL ORDINAI, ID:. 28 ` SEGMENT: 4 SECTION NO: 86 NOV 0 1 ZOOS SIGS/SEC: 17 FROM: 1 ( 1,577 ) TO: 17 ( 1;593) WARNING RECEIVED 86 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. Signature Printed Name Address o Date � . 0 04015/1 lee 5:55 '6\ravr-Pon Aok NikC 972/05 2. �"i�z� / Avf.L14 c4:e/,4a4L 1bV5- /Jz A'S /UL`try a l /tea' %l/US 3. �,� y_rVt J d.—.} Lc.-, V i ac—b l'A o ez-'n t q O 3 F,e_k (A )��. (a ,,.,, O r, ln)a. t ilOSr( ?/f s s / 4. ` T--ei ��sG&=-- AA-Ye-to 1,11j G' Ve-N/ i r(0; -C`El G( A-re=dj e 1 ke,,--)Ink ( o c,,(°sei 5. .,_, ,�� FL I/ d/ Eck/ 4S Girt 5 SO '1ivDD:/ Gv "Y/L ; € -4 9",�' 6. Ct.- ....,"4 - 9 ,,, 11 L17,,„2..._ 0 7. , ' V" �'i 4 �L e l�� c i vLv-r. .9'3n7 )(1� ` `"i � 4 e 8. 1 ai.ciA„, 643..y.46 ( Z3o7 ICE '-I' tip-5oS c( -3-or' v 4' e lo. i Cv (Lc/ 56// 7)07 fhs /-- '- 3— e''5— &Ids 11. ild7kriia.gag )I`)'PI 4 15, . 1)4S VIOA E tini fl 4fi63* a-3-o5 12. TO* WnCe-' ti!) I :o:' aW-V6\-\kc-'- aN- ck-5 -05 - /1/14) 13. ' l\, < ','-\ D' 2 �4 t\)•1-- 9-8-05- 14. 4.Uh� :4 ✓,,-, 0 -.26 cattri--tgd--nl GCrNa /- 3J S. 15JZ - , 12-yAN c�aDotn-roe al° & D� -N•6-433- /131 16. -0 kkM E1i5h cu 7 .ra ° 0\(‘\ letie #35 q-3 0� 17. ;ACM- 4 S AA No& 97D Ermsoyt #.3(0 3-g 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 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 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. O. "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 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. CITYCITY OF RENTON OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 4 SECTION NO: 87 gy SEGMENT: 23 SECTION NO: 613 SIGS/SEC: 17 FROM: 1 ( 1,594 ) SIGS/SEC: 2 FROM: 1 ( 5,735 ) NOt7 0 1 2005 TO: 17 ( 1,610) 613 TO: 2 ( 5,736) tl 87 - 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. • Signature Printed Name Address Date 74 /0, s 2. 7,7,%"<)-T -Pk) e 4 , ee,g G 6•flo0-.0ie)F 06: je iJrclu ,43/0 5 3. 11�. ,) VJ / 4 is c D`/t. "aFAffid v F , qo( r 4. E'Afcv-a^--4. 5 i f-d6V4/ ,&flex q 6I Z./4 r' 1 ,00 t k Ave, S e-10_4__A(v, ( r 0 9,Pei - t ice-ds- _ 5. 66:ft.,. rch)%c-z_s . 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A ,) C •1 c(,\-c41ti" 06 liucmi,, t,i- P1-- A-1V- 4,soLI 115105' r r, ,f,A(/ 64/G-i>ticl:5; /300 4 I, ,Ferzl 7n-e_7765— c 1- 19. tom' 44 1 ,/. ti e17: f ZA . e,, b..A1 , e - ., 20. aiP o Pt-s \ . ► ,► 4 vk C . o i d a,k tA u, - 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 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 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. O. "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 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. r 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID. 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 24 SECTION NO: 689 ®� 2005 SEGMENT: 4 SECTION NO: 88 SIGS/SEC: 3 FROM: 1 ( 5,939 ) SIGS/SEC: 17 FROM: 1 ( 1,61.1 ) 88 TO: 17 ( 1,627) 689 TO: 3 ( 5,941 ) 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. Signature Printed Name Address Date 1. SI, y./aA/1/\ Aq (A� � � a� 00517Iz2. / y 7f- , 4a-t/e5 ,4545 3. 4:. \-tvt, - SkJo -2_6 O sT (Le—ter-G'0- 2 a r 4.�`- �► �1�l � �S� 1M G CS S 1 ZT 7 c)Yes .°°6. ‘? U 2: Mon. fir- 67 6 fro/4'f figts Pio/sepia 9. ).emu -(1-ch-d-ta.. 19 /1,/ ri e, 24 0 & { J 4 V tiv ; ?s"V st s-- 10. 4 z.r a d 4/9-4- e:z- 500 tvif;2o /fug /J - mo 5 7/z/h CWit b 17i4 ffti Zvi claalirt 03 13. ` f\l t / G-- t 7 l/1'l - ) f �C -j0�/_ 14. I, ` O IPA, // rin 1 �1 b `/p'6 -,DY Z�S . =_ 16. / 4/ff.-e /jGly � - i��' �/y/�C .7r. 17. K e i(947/Z: e,L! k g'/O `� 20 r>�'h Q J1.�.�I ry�Y/Gf�'� j 11�11�1 �• l �fLLh�(14GtV 0! 111 7 A � f• ✓ °�. 9(fi �.y ��y 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 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 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. O. "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 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. r • e 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. 1 CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 24 SECTION NO: 688 NOV ° 1 2005 SEGMENT: 4 SECTION NO: 89 ' SIGS/SEC: 3 FROM: 1 ( 5,936 ) RECEIVED SIGS/SEC: 17 FROM: 1 ( 1,628 ) 688 TO: 3 ( 5,938) CITY CLERK'S OFFICE 89 TO: 17 ( 1,644) 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 1. fr i,, /4A l..J,_,� / ,' „' $2,,,&- 7-,2q;r E-,f •r/ A' `�3 - I t-i 'SD,I�59L.,, 3Lttt A/ 2.;_,,I1 IP I •2-t -6.s- 4. CAA- I') : Oi kc,vicI (1O() 0/CJ 3 L \ j�l5 P--'-61 P ] -7-J m: ` tirge_ __: 4-rei. fOoi-t-ie tilfslif:a1443101# ais t - L1�< sc��,c. e4 .` � s cV ff , i./, �Qs'1 j��lz- 8. - , `�, \_ Ct,1 nie UlfYit7i0 - 1 32-W �E' 7--,/ft- .J 9. 1 `' -_. ..,,/("' .�f \I c°.4 C,, -ii-7'�•�.) �)t\.. (3 }-9 ,j� \ 72 ,5/"C�' 10. C1 �M v .�.� . Y 2 c , • e vo 1 T q(A R( 6 V 0 hI 1- 7/ 15.', (6 11.4 A. Ce..�u e.A c V ' Fri4 ra k ►7-1 UfU 4/ OeR 2 7/0' 0¶ -- [ �yJ U • A f 14. 7I' G t.ti/, ,ki.1fL�� [ //li(.. ,7 M;VW" //2 4> 1 % /3 'r 15. Cam./9S?/AkJ CMitif ?'fi/ U Al6 #4 7/4 r 1. ./ I OR_ i) l' H&Ctke-''.CbrieJ2._. atPU-P 11/411-- C-1/— 1/PZ H---- 1 /jt["' ' C )�` 1)C% k Ki2AACtz.QA �(Vy0,,-Ni C, Zl i3 Qa't /e S Al-e_Asi,��1 ct�, I // c - 20.; A— / 1 -7,-fr--- Ro d -Z-c° i ii(6. t_!c v.ti1( lv($ 4 -("L . ) I` i(� 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 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 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. O. "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 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. I • 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. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINM ID: 28 CITY OF RENTON , FIREWORKS CONTROL ORDINAI, ID: 28 SEGMENT: 24 SECTION NO: 687 SEGMENT: 4 SECTION NO: 90 SIGS/SEC: 3 FROM: 1 ( 5,933 ) e4a[Y 1 2005 SIGS/SEC: 17 FROM: 1 ( 1,645 ) 687 TO: 3 ( 53935) 90 TO: 17 ( 1,661 ) - 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. Signature Printed Name Address Date/ 1.kt40 i OtiU/IMP 9raiit K-00, ,i,k(1010 ra-9 RUy ke.,-)Q . 1,/;o I 05 2( , infrk _ ( (e h n g ReetneficolitAli- 7/6/69- 3. . . 1/f/L,; i//,Ile A7//Al ?/2,1t- 4 ,7 a KLI--'u rb4-r /S-d-e f 1//1-6 l Ve 7/io/o'( 5. _cr-'° ( 7 9 m4-r :1-='1-) 7 r 6. • NACOWAD014Mv Kel I 4 2 17 ir D51hl ( ✓ -'j Ere- cC,e A L) -�8. f ` ' 9. (A\Ac L tiO v 1 c�,0 hod 1.�r °10- 55 Atk- --1-u,( (� u Z 'c. 1-24) ,t).5 l o.\J apoteui n , ipi e4sty) 47Ulp /l G 2 '"2 f' - /,cv> 11. (6 t.t, , ' i-r(. , ) -0094`&r • aoa Q- -A .7-al -vC--- —r—�Z' -- R'�--�--� 75A —r-1�"R &cri,� a,V -, ,��;�-� ,:-< �i�{,�j-i4 .,lv� .3-.cry.I-�,�, • 13. ! f x 'U/ � l (., '( 1./I I� J� ',Yr3�J ���JI�C�(\ -V. 7 Z\ . J / 1 , ��� I , .,..,, gel ��1� �6 /,,,. �1- LAP s 7_,,N2(5- ppn 16.C-V5tq , C CA a t'G05 I, A/jaw,/ J U if Q. /I/b- (S45 T 7._ 1- y r 17. 1 , o la IN\ e C S 0 V-1-q vv v v\ \ 11 Cs�- +vT Ia\1 C\ S, 1-2-7 -or 19. r- 5..o c-� - ���,.,�, Sew (tc0 6 9,,,) 1 ( -s , '2/ asp m ,/ I / /7 5-(i -ce n/ -t/ ��d,6 .� 20. � � � l I V'�.t r��,I��o� ��C � � / ��05 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 I FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 4 SECTION NO: 91 SEGMENT: 23 SECTION NO: 612 SIGS/SEC: 17 FROM: 1 ( 1,662 ) I SIGS/SEC: 2 FROM: 1 ( 5,733 ) NOV O J. 2005 91 TO: 17 ( 1,678) I 612 TO: 2 ( 5,734) 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 r 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 1:21 / !' r /'DEL 6 d�%s/y, . Do V ,�361/�, e °5~� q._l3 's 2y/t�'%' 7 - - -( M §2 f)s e r� f (7 AiI �5 ?-/. "o 5 3� ` . eO - ` vU D ''N\ 5 (, o l----)(p cc-I c -0.5--- 4t )' 5. /- .9 d Z-7 7 /tg-65- - - Vii6,9ftt VvrciNo (mod /, S 0 10.,_ . / CCIrrr lIA eA 44d 9 1t,)C (4`4-1' 0_°-- e„-..,o..� 0,N-`7,1-0s-c, �%/P3/G 5 12. I,e'R Sin 'r1F el tli Sa 9/C S 13. � - elt e. $/ G�r`h of �- �� h 'yr rI � y" � 14. 4 :/ / c � 4�-C1�E1./�iJ V C 16 eCt y .3 v? . 1'11 c 1 S C -3 b `1�,471 (UA 1 15.E�.� '. ICL �'r7 3pI2 luc.9 Afino %/ ' -' y/13 5 �,,� , 1 1.. �!'�'% }'}'.�! MIquidAyiveAki& Oreli51 q- 13.0 17. c ha-,447--- ,P' ' _ L-Aerr,7Ly C/e fiber-i1 33vs- (Ot4 S-I k�a `jTosc, i 7 /T•5 18. - ��eNN,41 141 , Sp#vr�oc,) 3(v( /ti - i0457 76'056 3 S 19. d z- iJ n 1 77 71 e51q I/ 6 / it/A 9, e"3`--‘ 7[ 3 5 20. G\ b 4/.4 - SS&. -7,7).,E I S► �' J4 R.:,I� 6 Ma % 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 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 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. O. "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 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 nobn 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. -CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 A' SEGMENT: 4 SECTION NO: 92 SEGMENT: 22 SECTION NO: 543 NOV 0 1 2005 SIGS/SEC: 17 FROM: 1 ( 1,679 ) SIGS/SEC: 1 FROM: 1 ( 5,621 ) 92 TO: 17 ( 1,695) 543 TO: 1 RECEIVED ( 5,621 ) 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. Signature Printed Name Address Date Cre 7 2. ;1 ,./,��,r((' d. ,/sae/& Alf '6/7 706' / a' - 0,0 p.e A/Z- /c c S / 4. /4,° �/ �q'G; /' Jib �� 4I Si- /O1()5.. 5. gl 4e.„r C/ l2 �/ �c�'�~ `s �' /' 6. *Al., rMINTSIgla 7/0/oS , • !f�'?Ir��usr�i .�. l ilkiltr�i:A • ' riA / fir�ii�1 a bud �ia..l 8. iierlieWIRMIL IMPAPF1 Os . NCI 0 10 , r! T?(C Gril dR ! trJ._ ;t 0 1 2. , 13. INIMPRMV < ► . � s .5 e Iri1 ■ e 'Z. 7- C 14. r �" i �� 2G ti'�' SS)t� z( 'Z Z` 7 G� -7_ 16. , Mar e ', .4 r# 3 0, 1 7-1 t;- 17. _� �4 /S ram gaz/.e I/z/ 14. _ giwz Alnir s 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 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 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. O. "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 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. . CITY OF RENTON CITY OF RENTON CITY OF RENTON , FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 NOV ®®SEGMENT: 4 SECTION NO: 93 SEGMENT: 24 SECTION NO: 686 SIGS/SEC: 17 FROM: 1 ( 1,696 ) SIGS/SEC: 3 FROM: 1 ( 5,930 ) RECEIVED 93 TO: 17 ( 1,712) 686 TO: 3 ( 5,932) 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. Signature , Printed Name Address Date 4 J 1. �'tL(�i ;�,1'%0' C,e'Wzz.et `3V, INf' cky" ta•,c' gp ca f ii ios 2. ,/,,,, j92 % .i.. thii �,� nii /M? i� ,e�/a -eii v lie f,T. 7/�7/�s- _ r/1(.0 i of--LX .)-/1V.'. e<( L f ., V 17,a ./! 5. p - /k b c d 160 cl eft ,e uW 78-ecci W il/&- _ {. • • i c77 - ' a d 7. o F v i, P. �)0, I�. e 77 5)/ L-cixt N ? 4'm�A) o —18-65 8. ?/CA. A- •i i aG eicizieci_Wc.:, et, '5 1 i I. E _5h�r1 C - 5/06 9. \: ., . ,. 1k iA ,e:\f-y - F.t ,. \1A.1: L l 03 '1�'t 5 '�A ,....-1- j- !3- 10. ...0 --,,-� °�, c� 1 1, , /90 ci A.�' .2 I—/3--0 11-friu, (.. feief 1 E? / ggi r ,': 7f/P( 7—77 ,,r IIt .4,-6,1 Lizard_ L• 6w fiu eff IA:2i se- :s retTA/ 'f.. 7-tr 1 ill, l -n 4.- le • P. I i ram.. LY� 54 ; /q�6/ ' 7-15 os` 14. 6 / _._ Chi, i 1.510-- ,;/.74 (2 Alamo /6— . 7 f. 7-/)--' ,/ )6( ' P If — ,yr,741 - I 17., /YLi,,3(A l . (44 !;414,4r/algrhudarial, dil e;� 0.1-, Flair mll�)A 9 OS`3 7//3/©5 18. � �� / tip' �` / �j: 1qcoft 6,474,0 .7, .i , ,r 010 /{iii' S ., 7J' j , „ 55.33 Ne /7 L. i? Aes 20. A��V�tvt. U /tll���4c i. • AA. �-'4,- _ t o `i (,1 h i 0 1. A-u,e Jf I�f "7-13-`; 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 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 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. O. "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 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. , CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: NO V SEGMENT: 4 SECTION NO: 94. 24 SECTION NO: 685 1 Z005 SIGS/SEC: 17 FROM: 1 ( 1,713 ) SIGS/SEC: 3 FROM: 1 ( 5,927 TO: 17 ( 1,729) 685 TO: 3 ( 5,929) CITY CLERK'S OFFICE 94 - 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 resiponsibly 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 '.:1• .'"' "1/-f7 /--‘91( /1 (61 il 2. , ' �ki f It Nt 3,3-rd �; cl 1[ 11 Ot ' - C7 _elL___Azt. IAA)iCati gl I I Lic. Witsg.ganz 11. ? , 1.-: ,,e,?_,4 : '..-7 ..,,,r--,-ii .„..D 0 t ,,, ,DIP,e- oil .€2:f...1'-- ///3) p. -TgliRm.r-- 'or-.4.f31 1-1 ,11/4) ei9 az N E 7-itets ,Ipv,34cilkuortr,=1 ,----, 4.-— L i:Y._i,M AlOOSSiC 1101? A) 3i -S4-- *)(7,74). 0-7-1°, , 1/9A 8. 4 71. , 1,`1�$ta 0 '' tirni • : ®, L. f ''Y„�;%P-• :�� �/ irEti4 ( 1 Jed p ° /� /p1 !I/` «l O l' AlL� ' �r , ifi� :7 �j^ 13 4/17141;116-1-4/: ��r to %s I r i v 1 �4� I^ o� .�c� %_. 7 or r� , 14. r-� ,ei yaw, . .� e- ' 9 % oy"ram. 15. I I Q 1v_O: beNi ( "' N, ,A, `°7, 13 •`efo , - 16. , irk. (,tt, 'vv -'/ AI RO-V qiI CAf ri . el / r AI D )1T1,15 17. .cry--e�� l/ ;i / /��r .G. e: ��-, 18 - 77 Afeaiif eU ac3,0 252 Nonre .,--(i& ,3/I ®i/4 19. iNtit 4iie- U i `1`1 Z.,A I cts,U\1 `?fik, .Sd I'�'`' „Feye `mil 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL TION NOP ID: 28 1 2005 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 23 SECTION No: 611 NOV o SEGMENT: 4 SECTION NO: 95 FROM: 1 ( 5,731 ) SIGS/SEC: 17 FROM: 1 ( 1,730 ) SIGS/SEC: 2 TO: 2 ( 5,732) RECEIVED 95 TO: 17 ( 1,746) 611 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. Signature Printed Name Address Date Je , t4 t1�' � � 13 Opt Vc�c4 t.�i,1`f�= 7- ,S ` 2. l e /�i9 1,),"l( o®Z Vac hle.4 a m.1,e79� 3 1 :ii e t Aron aki .C3._. l ci , / f o� q, , / /(g e L' 3 e Vil L t:v,gyp 7 y rO5 5 /J10X,C40 s ��„�� �� 5 e-lAcm a S?ictssOVG 38( M 5 -- _ 6. ; a gC IIfOOV p osssoV 361 Ii .E Girt+�5 -c -(off 7. dw loE O lI\ o e /g'g 7—Cf iaXrvr� . ../��� 375'2- Licdfvt Av.z �ro� 6- 5 ' r s )1 , 1 cS 3 Lai& le(Leu�4 (o• l FM1 , � — 3 Soc/() �f .S glar>� ��Q eet art � .� 1,rG f � L 9 11!► _ 'tom 9417, - a 1 •. 1 - 14., k 00;ov, 1A-v-e.s a611-?cam S9 -2-9 CQ 15. �� -s- USa di( fiI� j0i/0 ,�. 144 �'+)l SF 0 16. ae+A I �C w. Z(�(( Z C 1� 7^ 5 01' 17. ',/ l C,AIA-1 31\\1 't; ekrX. PL 7 _0s co .l A) n-II� �� 19. X II dif 1C - 5�_ —�I� 7 , gd0C- 20. (Ivy,' c /1-.) I.) cam'' 1 �i Wi; -we,�, c�N� �7 gs 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 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 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. O. "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 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. CITYCITY OF RENTON OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINA NO:D ID: 610 28 SEGMENT: 4 SECTION NO: 96 SEGMENT: 23 SECTION CITY OF RENTON SIGS/SEC: 17 FROM: 1 ( 1,747 ) SIGS/SEC: 2 FROM: I ( 5,729 ) TO: 2 ( 5,730) NOV 111 2005 96 TO: 17 ( 1,763) . 610 - `_"`1„T 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. Signat are Printed Name Address Date 1. • .1, 2-er,-- 4)99 76--11/44.64e_Ag 4. O'CIL" kir �41 6. ` ee L . �e�� �/� /Z.5 E 7 8. 104.--\ Aidti/fAa 6diipTO 2D l��E .O�� �L 9.!� ,D 4 .171 • / 3 d A/ Z7 77' io. ii*-21-7V‘-- -91371,a", 11.6Me _ dfr— xekso lizak /og ?)I 871- -7-3-0 3-- 12. `y 1, S. Ili' 134 At Jk " Jd U� 13. AA_ to Vat N v Qe.u-i 7,51 ME 11 3O5 d. 1 ,�/ti1.94T s757 (/) /j?..G y e l�J� 7/-3/0.5 16. 2�5(1�, lrl� Wt1 1 u 1 17. gg, ft,61 KILIk n a 6 19.0 —d& _ed,i6/0 3117 lug �Ztiv /��� 7/3/r 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 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 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. O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. l 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 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. 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. !r� CITY OF RENTON T ��CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: picy FIREWORKS CONTROL ORDINAP ID: 28 i SEGMENT: 2g NO U O ZOOS SEGMENT: 24 SECTION NO:4 SECTION NO: 97 SIGS/SEC: 684 SIGS/SEC: 17 FROM: 1 ( 1,764 ) 684 3 FROM: 1 ( 5,924 ) RECEIVED 97 TO: 17 TO: 3 ( 5 926) CITY'CLERK'S OFFICE ( 1,780) , 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. • Signat ire Printed Name Address Date LI-`y, ek. fu' IWS _ 2. • Z � l Ciriie off!a S + ? 7///1 3. 6474 AM ©NFrncr ID% Vb-n-Ave,NE .7-0- 4. 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MO Ro ' z en-) -4 ,/0s— 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 4 SECTION NO: 98 NOV U 1 2005 SIGS/SEC: 17 FROM: 1 ( 1,781 ) �J�9 98 TO: 17 ( 1,797) 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. Signature Printed Name Address Date 1(A . Tvi,bba )CiMe-e ecA \\i"- c-ODQ 46\\ \\)•L --l-fcl . --7/ . 25103 2\---" JL . , , - i 1 Mv-1 \Leer tttzi 64 g id Q/c 7/ >k 3 3. . ' or-� ..�a : . /e ,_/ i; - e cS' Si, 'L , 'd 4. - /�a Imo- V l 1/c�,?��-� 3 S t �`'S' �uCK • o s ��1�.._ ��! = /`�`-0 t',71 b A- /.9!/20 _. 047,27.(dre 7. c '37 6 s/. G10 `��e-�� // 8. !P ,rl &dam 43/6 5E 3°``P.5f'. F s `? 7/4 s- 10. Orm,( - cili a(S S.A U l&-KlyVi\I 60( Wa-g'UN A(/ 61)9/ ?(74(U 11. C &IA*, -. L20.,A SrYol-ka S I D-1 Vachon Av St r&2S9 7-ZS-ate 12. ,fic e I cL(fld (irro(,( Q f kJ 1--IU4{ e qU:,`47/j5/O 13 / al e Alyea .1lWtLSd4) Iola REp/l.a4/D 4- 4=, qFac ( ')- ) S'- �' 14 74,- n a I , /1/4 8:6 . - mac. 15. -�9 .4___ ASS.0--__- &o, kS /07 1(0. k Ave 9 psi 05 l 16. .4--- z / *L -4/71-- Ali RV. /944 k /L7M7- AltP4S-1- 7-A37o' 17.I5 ACa % /3/2-06-f \Ockc©ge-i 3 ®! web �l& 74s�/ac 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 24 SECTION NO: 683 NOVSEGMENT: 5 SECTION NO: 99 SIGS/SEC: 3 FROM: 1 ( 5,921 ) N 0 1 2005 SIGS/SEC: 16 FROM: 1 ( 1,798 ) TO: 16 683 TO: 3 ( 5,923) 99 ( 1,813) -- - 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. Signature Printed Name Address Date ggoSS 1. _ 0- at' S• nevi UR/I L/o, 2 �` �l l;Pie (ad't, sit/ s() �%il.1/0t ��daJ • ��+�-- fffff'�'' � , S '�] A I U/�}r7S,y/`72-7 4. rl-^ r&t /``O!S-t_ •S Z S • AI A 1 s- l✓ e vf1 v/ 1/l0� 5. 10-‘1 11 1O 5+Eve 1✓., S "163 c ✓3o t /R. G $ 7. S5 3/ - ff I/ cc.n. , s 8. +/ 144\iR,A Q ore\.e.r 47- rfATeU,,I 9 r )2tV ki45164. 6121 .0 Is+ s4 ivi + g650. .3 i A)0,1A Terrj t)S��x 1 P»cO 11 1 P 'I Sw ,fie 1 °FOSS 12. 1-6m a ��5 q 965 �_., /per 14. ]' ` � Mm4 t koZpiv 1 go S- /ee-7v7aAi n : 15. ! & 127-0 /4LC--Q� ')7 d l _ / f /� V j�o S, ;47. coora_ . vnti\nd 35\ Tee_ iikkrt V,p,rts) caw 18. W,J � c�e 1/4{k_v� ?a-4—riC A l� z3ie LO3 k A-wi N. S-jF-os 19.w Ati ' //0///21 -77 ' ri,,e � `��O�t'v✓ G✓G✓.�' S � e 2G. r t+e e1 C 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 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 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. O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. 4 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 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. 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. 4 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. 4 , CITY OF RENTON CITY OF RENTON S CITY OF RENTON FIREWORKS CONTROL ORDINAL' ID: 28 . FIREWORKS CONTROL ORDINAL' ID: 28 SEGMENT: 5 SECTION NO: 100 SEGMENT: 23 SECTION NO: 609 NOV 0 1 2005 SIGS/SEC: 16 FROM: 1 ( 1,814 ) I SIGS/SEC: 2 FROM: 1 ( 5,727 ) 100 TO: 16 ( 1,829) , 609 TO: 2 ( 5,728) 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. Signature Printed Name Address D•ate 1. 1 h., a A �/ )ye a�5ri I 7 . , 3. / , 1. (2(6411,0*-44-al '(s,:s5 ewrizo,. 1 54 k-- Dy Va.-0-i.,e W4-- s � '160 h c 5 44t4 ny- 4. r4 i no t. i 1-0-Q /run, . , C- - S')-(n( .NTH _. P ..�J 15 j o C . oe _./i3/0 - 16,400 , - 5/--- 11/ilTh (5- . --- --S� , r-- ZOi MT ?AP- - Lob Sk. rssAQuo�. 1�3�v5 9. r/ arf'v 33 t:/sld u ua.AA - t\1 +fin Coot p(/6/63 c .10. 3cD \tee PI-6 S 11. , - \r r °. -71.6 /( G g•t# A g' g/os , �� /yam/ 12. )4(Are, C v ci v 6ucw.-t. -- `7 0-- - S 13. .A,_ V 66 ./ Asi" 4-L - "7y7 6‘,i-j‘-, /fie/v, - 5-- g-is--oS 14 ' l / =v jrA F-)p0 - '4 I PAP-4- , i i(J C -6 15. /1' + e L. GCS u A ds i4 �� I� NI 4-1 5-/-- .br 16. . �7�� vGh z'� r e ri-R1( (.e. �/ 1/7- eig_ 17. 7,i.(a/4(}"LA fl4 %( ` '-' p2,V eC c .AT- Y.I3 5-g 06 18. a k. \<cdfv.1%. 1rC LK_K0.vu l Z Ve-k\j Ave_ `K) NISI 05 19. - vi- . 5 - /1 Z? k 17�1( , /4,, 10 • Z ii S S 20. 7 �j Q �. it Al lr L. ill n.t l � l k / lie/Y,, `% r 1 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 5 SECTION NO: 101 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 22 SECTION NO: 542 NOV 01 2005 SIGS/SEC: 16 FROM: 1 ( 1,830 ) SIGS/SEC: 1 FROM: 1 ( 5,620 ) 101 TO: 16 ( 1,,845) 542 TO: I ( 5,620) 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. Signature Printed Name Address Date to. ' 0--"f Ceix 5((,2_ 21'6...;-a-"-'45 7--.175 10044 .-- 3. '�/ ���J'LD<<_- 1. c .cJ�I^E/73 0 ( &(AO' Ql4 e? %L. Sr-= 07-%a� 4. •I�� �' �; , 5: _ . - '1 . !L ' ' fl.Q Cal .,: i t_. i '.. 1I 1 s Ii.) h-va.i i(vvc -171(�f) O � - ,:zorir , ,,__a 4. ' ' 7' -C----Cx/.5-- kii (Kr C(-9# i/ti r- 5- s-I -7/ c15 7 .>: ,...� SU C Qom,/ - 01- 0(- Ic Al� 2 - r. , ( 8. , _ ve'� ' O-4 QC/524G` ltitt G S 43 '4.t'i � z) , 9. )1,�,1c�, I bevy.„ Q 01\146n 6- , -7 ..-65 10.--' ' _�=__--- �?FI ` 'E- T —— �` 7 --i. -z..a�' .._ _ .•! .„, . 1 1. _ , ---, - , - -,,,q-,4.ri%,d, . ,-- ---;24-/&----- ----, -,04-2-67, -7-_:-/,‘„__,, si-- I12. 1 ' Couv nejOenn 142ZCgtn 'rsP1 -7/'-1/ O `- 4. 13. ' ,Q� i3-d fin/® l y2- id 5-eV- .-;.� Vp., 14. 1 j C /� ©7 a -� e) � � �//ITC�40 #3/ YPDS� Z4 11 t 4 1 s. 1 — '" -- /I'P �oL 1P�o 3 `(emu a r1� //3fo ��� (-0s max 4.0 .-4 17. E �v tSze Q aI1-------,)/-- ----tetrr -fziy--V-6-r--9-e6gzp--z-- — . (9-04 \ vi "L( -. , A. r Ci 20. Ktc�ae-c1 v` ( 5c) 2( Rt�1LL- Livivl>� el S6 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 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 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. O. "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 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. :IT'S OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORCTIONINo P ID: 742 N O V 1 2005 SEGMENT: 5 SECTION NO: 102 SEGMENT: 25 SIGS/SEC: 4 FROM: 1 ( 6,143 ) SIGS/SEC: 16 FROM: 1 ( 1,846 ) RECEIVED TO: 4 ( 6,146) 102 TO: 16 ( 1,861) 742 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 frorri 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 'CkNiv\ R)(40-ke •S ii-k01 -I —�'l-4s� Si dss IJ d` ir,h\I 0,4,00 Lt• \-2,66,rourd 5. t o C ` r S lo._,.i 7. , � dad u� S)6Xi�k. (lo S. ]5 �j. q Sock 10 z -os 8 ' 4.4 F: /14 k A 56 /5- _ _ 6 e-o T.>n , -f is /y2 I (.,f)tt A S ggos-S lob :•,,r) ,l✓ ' !re5 , yV/ 5 ice'''` 5f . e tsi p 0.2 11. . a_2/6„-ram C' /7'z c��� s`:v/9-r�z 4V'e S . !c - tore.-4, 12. iC " /� 04!/ Lt;:ku-/f Z3•01 cF r cN Misr ta9 13. 111 a--t 1 ,12,E, i/A. y K ai ( l Joy S !-��9 nA f 1�I-`T_,'fl/1 K A li .f? KDo,c,. •1 f r l U f> S'- ^z"z G+!' C�, it^' U.. L-I L�7�7-e .kieWt4 )00 6//g0 e/ • ik/34 . SOO qvfrlizDE tokh 1�. � . - �� c Afofill l 0 l 1 �/ �ii�� ���,�5If��/50/Q- 9.(mi 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON Ga a Y OF RENTON FIREWORKS CONTROL ORDINAI, ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 5 SECTION NO: 103 SEGMENT: 25 SECTION NO: NOV ®0 5 SIGS/SEC: 16 FROM: 1 ( 1,862 ) SIGS/SEC: 4 FROM: 1 ( 6,137491) 103 TO: 16 ( 1,877) 741 TO: 4 ( 6,142) 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. Signatur Printed Name Address Date. - 1-7,----ii !li 2. " V A4 'kcl f — �- ;tIvr , 5. mA.r+&Ko Yhtrec- 115o Sims-CI- Aral NE 7-zZ-D.c —6-.- ---s.,': ' "Pr A.--ii- -. ----e-C-iiiG401--4M-4%-/---- ---3---5440 -----2,--7- - . 7. �L�e.�,1. A Metr-t-z_ `7a S. /-a,,j, • -7 _22- 8. 3a S So 0e45 .�-�G cs 9. ���e ��/ �_� . �i''��°�.10 " f(P e � y x\ei cv e p �)c190yoris 1 1i�)xr,,__ dt i \ 11.E ire f2 , Lt-l_ fr/ ,eii- YAi 14 9`t :/1/O �)r ' °: 12. `�','",..V,:// /% l�.11. .-4 7 j,) �.A2/1041 y 7/37. 7/4o5 13. r -e L Obe i /- ,J = 1Q-ic-w o%4 t ,J f 270-5 'zZ' L� L2 14. i I s 0 vn/%ON -i? - / P�N7e.yi Lao,\j, �V. �E 15. ��. -.ate ,_� ,g5--- .</Z s C-j,(': ) y iv7 �:;/ L"u,�' � .c- '�42 A.Q.• ��y-Z / �'�.� 3 Y.liL/�ii , Air 3o- �v1-7 -�2�/. `7(zz/Os 17. ' Y 105 Ai try. . _ ` I I L Olt 9Q6`r1 7�2-O 1 18:- /5 FW I ry I !L,2.i b ct Zi.?-L s r ` /22 01• 19.E 1 I' a . /-IICC P.;rot 5 q Lk)t U(11_ /405 20. 4 „ k-/ /z)--(5-kei/ .e7icl feel '7& )i, 6'5..5 -7-22-Os 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON . CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 v FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 25 SECTION NO: 740 NOV 0 1 2005 SEGMENT: 5 SECTION NO: 104 878 ) SIGS/SEC: 4 FROM: 1 ( 6,135 SIGS/SEC: 16 FROM: 1 ( 1; TO: 4 ( 6,138) RECEIVED To: 16 ( 1,893) 740 _ _____._ , CITY CLERK'S OFFICE 104 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 1. 1 ,9..P iltf '/� @ i d e4 1Atelo,+el-- L30 IUC Zo'4- 5.i-. 1)Y-V 15 , 1 [ems 1((34 AY 5- 7/ 5- /4. ��,--- � t-Vvi.(7%vI Ai 2 - 7/52970r 5. ist)�1vle S • cam. y6 0-1 ; e 7/2- 45 i 6. Cc6A/ (Purr 4 sf 7c2---v© 5 7. ' + Cfr/2/4/ic) (U4,)O6- $ -o S- /')6 `/ �4zq /0� 9. v.434, hictimittei -3 ‘4,(L'-bh .3ccr self 375 11A4k5 .- 76 7 29/ 10. , 4/f'flQ(.1c + C 2_ 7 1i( I 4,_ ,1/_ I Aill of. , i 41 it a:"-,...-712"1/6 1 .,.. . ---• ilLk!�4‘4.— m 3 /� ' - ' a e II_ r lb, cJOZ( .)1Ic_ate // 14. , 6e.v �Aok A aW /1 4 6ft f/JE yam% -1 5. ' �1 1 ���'f�rl� �- �'1.�. _ =-ter f'%• 2', 7 ,./ 16Oir S IA" _2 — l27Y-7' ' ..- .. _ 7 /- 17. Alibi::..+V I`4 eL CAA &t (\ ".f i :� • ,a� U ..��iywlu• z,„1„yi�rwrG rmiim,mgrAgnorrantiorwirm.,gllli lbmo i imaibi nmm B . f it,G ,� r C7 (o' er 6,O'S --33 c)/4P 4, ' " -.e. '',' ZIV1 i dam` 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 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 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. O. "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 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. A • 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 5 SECTION NO: 105 SEGMENT: 25 SECTION NO: 739 NOV 0 1 2005 SIGS/SEC: 16 FROM: 1 ( 1,894 ) SIGS/SEC: 4 FROM: 1 ( 6,131 ) 105 TO: 16 ( 1,909) 739 TO: 4 ( 6,134) 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. Signature Printed Name Address -Date if 1. -, /1-z --- cvrtty.y Pic15110,3 gO/ IL' - 4_,.Wl. ` G-3i 6(0 s=/. J 3j S OH12 / 4- lot I. C S I. 1,.. c.e..A.J--fc /--k-)70,..,A____c_ p4q_yr 3,r-01-6 192e ov---(L, 9/. ..,1344-ki__42%&--e. r �. S � � 6. /��, . a/ W.) / /- 4 'f -4�E-- i , ___ r 7. .-„, r9 ' M P 6l Li L [a►, , 6, TH ii)do e__•< C t fa /4 -ir 2,_____ 63... � I1 dc, 1its-D6est 10. t/, y4,6 , — 1J .I_MA S A l T I Q. f<<4 t7-c6 aP (., 1/- 7/-7/-6,. 11. ,I If W 7`A Ml Li 0',k �Z.h LJ& / 14Av3b O 07Ac 12. � jj�/�/r Ley S Mc v¢ o At p ibtd,0 37/7/1S 1iR�. ,1.1 "A -`11`3. rck .: Wit' - iw410 . .- 14. T/61'6 4 / 19 A`1LS Z.q 0 1 G. L yiv,r/ �-- 1 ) 15. k, i/t l � u S 2.7Z Q"iz41 /0L N 7 i'}5 r- 1 1 J g`"/7 17. ?A rl . rdrl,vi�'i 1 i c "j ( y S ` cs- -( 7 18. R 0 j--,14 iii ill ,Y / 0641/0/.33qWetil/AAariegy7/m10 19. '), /A)e',cJtil z-ut` -w i g/Z z� ,/0A S re C�16 )-- 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 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 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. O. "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 display is lawful for that purpose only. No such permit granted shall be transferable. a 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. CITY OF RENTON 4 CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAI, ID: 28 FIREWORKS CONTROL.ORDINAP ID: 28 SEGMENT: 25 SECTION NO: 738 NO V 0 1 2005 SEGMENT: 5 SECTION NO: 106 • SIGS/SEC: 16 FROM: 1 ( 1,910 )( 1,925) SIGS/SEC: 4 FROM: 1 ( 6,127 ) 738- TO: 4 ( 6,130) RECEIVED 106 TO: 16 cry 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 1. - �. c- ):a-....-15- — 3R1( N. 3k-1-; J—ct.7 ,- �s�S/o . / cu, Ai - .r + tev'L(Rici\at d-S'Pr . :2-21t9021ACO Htie,laan.,6&" --1,17--es 5' (1 .-evi-�' 4-v`/s 142 L,,04 eC 2'r -2.2 o<Pl a-PLe V`kct. Am/ t 2// /?e.,ni , refs' r3 6 1 1 �� . r f 6-V=--77,ti - . , --.14-1-24.-4214--6-d4 - - a 9. - t, �iti �' ��I la .0) r a n (Diifd I ) ME - -to 1 ° • 10. ' . / �`� (404 VlAw �. �� ek, ib �w dos 6 R/4 11. .% . - i1r',�" �.�.s 2 mg i, v 12-tvittvirvutrocA iq 12. , IToA ,4d l) 0`� T I cVLz Pt /(�r fC?nn, Uc� 1�t'c( ��;: 3. A A - l'!o. `a i,.-e p ' l�v1ii (/� �-1 D�'�` LR tT 14,/vd l._' S 14 cr.., ►- v ", . - r+ ►r , ' ,r •#'`- i 15.-,:f„---ri-1 Im/m‘air,ri ts • .0, 1.,\ t re4ir tz,4309, Ugck �.l ! 4-u rr'2 itk. .c lor- 113,2 Q re_in r f4 fie. fi as- 16. .. ( f /��AJXi 41• d g` Chid 1 �4 rC 20 o„ ua Sera j 17. f � 119D Ifit20;S j 9s'esd 5-15-68 7 19. /, '` S 5'1 8 04-Ev Qt N (t rrN 98059 -ti.o -2 . aid r<e►l Ch'in C cry s¢ �?� / _ ,b,,,57 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 • 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 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. O. "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 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. t 0 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 5 SECTION NO: 107 SEGMENT: 24 SECTION NO: 682 SIGS/SEC: 16 FROM: 1 ( 1,926 ) SIGS/SEC: 3 FROM: 1 ( 5,918 ) NOV 0 1 2005 107 TO: 16 ( 1,941 ) 682 TO: 3 ( 5,920) 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, tur Printed Name Address ( Date 2. '` --SaL ija4 \, l C) f Stx. 1 S t..t fir S C T ,K/l9 U 4. ( COC,-e /71e6 fLi.:. ;-10( SLIJsuus-P D4t1 ct )/4/" W ( I4 Ict r we//?J'5 J r��, 7 z2-o5 61c-Xt.e_e:..7,__ _.//,(2),„: vre.-79. irDs---v- 9.45-• 7. � j Fl- ka-A/C &, 7/22 / 9. .ge51- �� Char\z- 7 o5 11. /L4Yk4J/cL/45Ghr-t %9/ ! 6 a� -4L 12:‘zA /! . Aciivhi,-I 1 M. M L is 35 o c-v-r l's A S 2-c-o P ILM-9( 0 5'S`7 `16S 13. �� . // L, y f��M� f. 450( Alas Ai' .l. lean 9 -oSC? z% - 14. ° dr-� (7 � iz .t1r�,` ,J 3 Cl/1 -r�i51 �c s, + J iQ 3 c±vJ 04. p/ a. q/v�eS4 r�Zt�'� ] i C 7� �7'��T`il cam.T['����o ���1�%� 17. 56 Jru • D 4e- coo 6-44 � ��.mac Ie1 "' AD TPA 1 r— � 18. - — '- 19. /44, ,a4/A- -,6(< 20. °\liph, UO HtJ C. (,)(1P•,11 Z.IL k&,(iJ A v3' r 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ►D: .NOV 0 1 2005 SEGMENT: 5 SECTION NO: 28 SIGS/SEC: 16 108 RECEIVED FROM: 1 ( 1,942 ) WARNING 108 TO: 16 CITY CLERK'S OFFICE - ( 1,957) - EVERY PERSON WHO SIGNS t'HIS 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,iegi+stered voters of the C4 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 �/ 1. i AO/1046[0s a-� ] 5 Cedc r Ai- 5. ?(2s4oS y 6 �Q t � � �� I CJ AO(,�t g5(o K r k la 4 A kf f, R 0,3 la 5 10 c 3. . ,, 4ezkile(:) -er• 11i4 PUNQ`( SI4/ i� fd2Irson) N� 9�SG �'feas,i T1?Tic' c 4. �. Leq4) kirkl t 9Kos Q'ern1'6d. ZS/os w 5. / .- � Gt ': - J 6 - a 2 . s 'AI,,_ / 4. 6. I ,V � � �� •�, , .._ 8. /OP�t/ ..)ash.saAd er-S 7 age/74o0 .2 , 9. ;1'17:L. deli �, I' 4 y/� o X Y3�` '' N q,�ob 7/ �k 10, �� • 6v f 0�G �ZS;c 11. 1 At. ���-l/�.G ice, Af4A 1 �lei o N 973.2 91 7)//,/zi 6A frej6 9a.As/ 12.JAI • 640,0 /,�0�, 4 /wit/ Ip.22.C:� 4/ A/6 �k ,J 13. Amp / /TiJoe f'5o iv 3233 I f /2 5t /o Redvft4 -25 14. AvPr'L's' iar4ci/ 1069 LYilnwocot 44. Alt /L'ery/oot/G+/%✓g 4 6 1 � Alit�414/ /�-�'(.� ��� y ���/��� /.-' li// ,�.)f 16. 17. •�-.v YV1 l�-e.1r S , Q. Ir-I, 141-// 8 j I t a 3 9 . f — 14 l (��v, v�✓ q S v 18. 19. 20. 2,/1 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 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 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. O. "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 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. • • • • CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 25 SECTION NO: 737 NOV 0 1 2005 SEGMENT: 5 SECTION NO: 109 SIGS/SEC: 4 FROM: 1 ( 6,123 ) SIGS/SEC: 16 FROM: 1 ( 1,958 )109 TO: 16 ( 1,973) 737 ( 6,126) RECEIVED To: 4 G1 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 MAKESMEREIN 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 1.<""vl t'1' ')i 41:4M (�n I)1 Gi J'rit n d Le 14, (S ]l�- iL c v i1 d /1-if Alt; � 0)- 2. bu 3. QX^,..y ,04 / Prov-1&iv L l O ? ivy:- '7T1+ 51 /Z(/ 04 7 1 - - -1'��7"��--- �� _,?� `� / � rn _� e)3 V 'ZZ‘o� f 'Sd N 2 z ( O(� Zwb 1/L X ruiv ` c“ 9/z�/o j 8. aQ,AAA ��qq qk ' M i,Ll fit, i M ku!_t t c� kt," AJ F . leaf 9f ec '7/2i f oc 9. \i-JQ. (� - 'U��Y1.ti Dyøi2 lr( / 7171 2 I V(0A yr5";6J --- 1 - - - - e— e 1-4232 -.2 Z 1 1. , v11 j vv� 51'ev�Z-e , I3 )'4 J&f fu3OW A-ve °I7017 12. 9 SElINV 'i— Di)( 6LE1NNcieno 9$05.6 7.2-Ve 13. -----. Cfe( 117C 1 ) (irtf-2e,1 TOS VZ��< 1 r W.Rk OIVL Ak ��75� N 4 1-1-a qRo 1 d1siEItl 6.51 t(11/0.7 7Ih 1UE 5 7>_� 19. 1 a A ��2 J L b)�n-1N-L, c'1 07 f >✓ )--_P 20. Vt-(A- ` ok49 to z-� ��lsCa K,t,U�-1-) 1 5 b/W/M-1 7IuiD� 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 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. r 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. O. "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 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. r 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. C CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITYOF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 5 SECTION NO: 110 SEGMENT: 25 SECTION NO: 736 NOV 16 FROM: 1 ( 1,974 ) SIGS/SEC: 4 FROM: 1 ( 6,119 ) NO U1, 0 1 2005 TO: 16 ( 1,989) 736 TO: 4 ( 6,122) 110 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. Sig at -e ' Printed Name n i i Address Date I I/ ' iiOM( 7-5 -0 57 2. _.' /: 'e Orut 3 •. ivr-- LLB s+ AD 14 Z . 9-J�3 �; r 2),(e--. 4. �' / \ '� LLr I- ( lZ( ((i. .-5 �, �eatoyi 7-- -0/5 5 of i t L. i ; 1. t 1$ i - O I (Or CSC 04_, )0 iir `a • - -65 —:6*Fe/tekj- 1-0- - * -1--6465P156-&-i 1/6.g_q_iii_64 _510,,,„/6.,, .e. .cam ,, v/x/ Le/ ek c a ® 7 /1/ IP Ss< 7- -6 s 8. f - }.,-��' _ kik') / -- 2Z4 I! i 7--?O,c � v -gpa--c - 3 - CL-LIA.c.:z--/L0-5 'Z-., -1V-s-s-ci-S-:\, -4.(90 ,INc.e6c,t3.-e-5 e, 'yam✓ 11. l A__. \Li thi d(r! I T tub, (- `tot' F u, o, 7/3/0 12. ‘176-1 1'C /17 9% '1,1 /I/0 'Reeding 7/ 370 13. ( , a -S-6/6.r-a-4-kv-a 9 c? 10 esam 9-- , :,...,,tipt 7/.5Y 14. . 4^ GFi14,6. tsvlv.# / (.Ej.a% 6 C1 /r(_ 7/ 15. L/ � ) �/i> ': �"'�:(,c e°I�Co ,c -� y --- q ( ( / _ 16. f gib•r_ _,,1 � ' -L "1 <.da , - 0 ,OCt m ' 0.0„1, �t' 5 i 7- 17. - �'. �ev a�4 3Zzsr- ��� a5e S . '-_ 3_o q,t 7/� 181�' l/ , �;4 ''R. �c ��((1t1.4 D�9ti�Cgt(_ 11 0 ��P.9�,.�� l)fj�)>� .4a.�sgl�( �%ul- ‘ �/ 1 -fi�r �z,41 4rP i4 /SJ� A� 2:/ f 9;65, Ø/y 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 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 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. O. "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 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. CITYCITY OF RENTON OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SECTION NO: 111 SEGMENT: 25 SECTION NO: 735 SEGMENT: 5 1,990 ) SIGS/SEC: 16 FROM: 1 ( SIGS/SEC: 4 FROM: I ( 6,115 ) NOV 0 1 2005 TO: 16 ( 2,005) 735 TO: 4 ( 6,118) 111 ""---"-"" 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 VOTE, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SICK N, 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-co C f 7 ? v ..22/U 2. /5 v F 1/7V ZZO5 3 - SEN-Maalithcri 5. dq LiftAl 67Y0 q_zz-cz 6. G n]ern‘ 3 i3 :17,v-do(P yr Sc 7 05 6 q-• Zz 7. `RLs s ��� I (J14---1-- F v �L J'\moo kk,(, bil 4cde 4 0sq ci/oz a 9/ _ -.42mieffee) s7'73G . irftss4 ge05 l o. -Z307 r11C ui 44 S4- d?an40 4 98-05 6 frh c 1 i� �! , - _ �I� _ /, 14. �. J ✓"�fc/�'/ /666. n�ce�jf ' ///7� (4�2-a Gam% i %ice? °S 5 ' Pr PM 9 /o £M rlkg tin s/© h D Dawu‘/h e Ailog5efatps y /es- /1 6a1POr_: I A=-- .it _.vim k"i7 // 17. -&^P. -1Gr� Z 3/e°1( , � 5 ros--c q 72-a5 18. 2 y / v SE 3Kd ` S G f-Zz<1 20 /NA, l:774 :^I"twc 5L- WZO/Fi — 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 NO V 0 1 2005 SEGMENT: 5 SECTION NO: 112 SEGMENT: 22 SECTION NO: 541 SIGS/SEC: 16 FROM: 1 ( 2,006 ) SIGS/SEC: 1 FROM: 1 ( 5,619 ) RECEIVED 112 TO: 16 ( .2,021 ) 541 TO: 1 ( 5,619) 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. Signature 'Tinted Name Address Da o tA144'/,ram Altlit1 ki- r1� , `96-°5� y/ /; 4 .- 1116/2Cti) W 4'IFf ( R.- _�-fa f 7"/6/- , `S. �, , ` .4' �,, —' - % \AckkoQ@l,zlt` 5 �v dv a, g uy' 99- 'fps -...^ (i/(Yf a(3 4. '�-� ",� ;l 46 4 , : INvt ' an -'- ri Vel57 7. a .- . -,) .._‘,..,-._ / ak_. -cx‘ii7r7944...) t 612,75-'9,tve trz-i/iek. ge--A4-0A-/- ,>e-0,.5 Q,X7- 8, ;.; d D 11I€A e4 = /. yi i ,A /V 7frs 9*' 9.. ct."k.,' .►_rA %" n-et Int k-)C - l ' f0 or lq 1O.11A,:,44._ i L i 02K-t. 11110 /0K-AtneW, P--, "90F, (.&Or_s.?79 9 /V, - 'MOP ii • 1 . .ii i; 6/.4: 1 r 1 7 4 rie 0_4.1-' '' Aka it i -IL 'i roir- ffi,-,, 12. ,: i' `w,1 `e-AAr�-'' -5-53 4'e Y- ti �I O5(U /igz, 13. AU. " 1 k' O X\\eKcv ct \cA 5,'‘' tNde, a, Pi kie FIN 'gt VilV°�, 14 : ;../J 4 e/ F 1 .k (kL - t,s" 0 r I' - 0_ 9�1 E- 1'-/AA- �N A`A/ 15, I�U/.- - ,iG: 1 n2X .i e•, . )1 6'Nr . 6 / �� T '�(- ' 16.Tr7SW 64 .1‘. .,JtV,06 eb 7:Nn =7 P F1*t3 i Vo R 1 '-fy-r^ 1 7.fri . -_ . _ J c._ i ---V-VC,-- 172(---- --viltic-9-- 11* 18. r / I 19. 20. • 3v 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 2005 SEGMENT: 5 SECTION NO: 113 SEGMENT: 25 SECTION NO: 734 SIGS/SEC: 16 FROM: 1 ( 2,022 ) • SIGS/SEC: 4 FROM: 1 ( 6,111 ) RECEIVED 113 TO: 16 ( 2,037) 734 TO: 4 ( 6,114) 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. Sig a ure Printed Name Address Date GC--l-bS , 2. Cn /% roP 1f0E'Sot,�S'o v Y� f , iJon 3. c , Gig 4.-, ) h /4i I ,-so% 3)G i i/1% 15/E f p-a,r4-odL 9 g'6J`6llil, 4. v..) kjerson 3101 NE thtliPi. aetn'Ll,k `7b-o1Z. ,-/I /os- 5. 0 h /Ay S 1 2. /V/8I*trmlA.v I -UUNF1 P-.0,1,-ky.9 r4, xi, 6 At", . ' ./_, _ . ;' .i,_ - L A 1/ 4, J , . T0036 0 o Renrt0A1 7- ;f ifeee, J rA 9i (lap L -ram ,.` )4-AA— f103-f„, W03---fiek,-1-0, 8 12.niZ:;u1r0 e 1 u. n5 6 1 iU E -7 S+ c8O55Co Q-1-O3 R t J0-04- magi .- 011,141171.75M11131 .1ffilirliErir-44 11. CT`11 O`� G L kLDPCKeRrt6 PO &X ��15 �"�11• (mi k��1 CPC v6110 • `r:� ,' .4",t�iva�i//LffriT�r,_�r►1��IIikilii,' _ il' rir/7/71/17�/�� 13. Or/ 10► .. 50i1 ildkeis v 11 tl0 trk waoo AV( . ALE NAi�,,, VA- 7k S C( -I f 14. •(I/i I10wti(tni`C &add,- rt)7 Z( NtuilDS P'(I L' D�L� 10-7� ,'tS `-yo- 15. k rksvi uiY iim uu-i,pin. Prti ti , ig 1 111/4)Wrct C1t9 ci/d 0 J- • 17. Gd-�3 7 ykc� r yS//-�i E�lao.�fs c. ,dC t�i..mn 9��sS6 �!-/-L I1 18. W / e £T ' / 7/D(' e . 7gi y 19- /11 -0 (7. f/4tS /il.de.il 0714.2S eAs'' 07 roe 7gn Gdn qdez'" C 6 i-pc ---20 - .i 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 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 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. O. "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 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. h CITY OF RENTON FIREWORKS CONTROL ORDINAP ID 114 CFIIRTYEWOOFRRKESNTCOON NTROL ORDINAl' ID: 28 CITY OF RENTON SECTION N0:SEGMENT: 5 ( 2,036 ) SEGMENT: 25 SECTION NO: 733 SIGS/SEC: 16 FROM: 1 TO: 16 ( 2,053) . SIGS/SEC: 4 FROM: 1 ( 6,107 ) NOV 01 2005 114 733 TO: 4 ( 6,110) RCEIVED 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 CO 7LY STATED. Si nature / Printed Name Address 1�1 ‘, �j yy� ,n ate iS ‘kl)k•Q,U) MCILIZ 5 -Pgayoks 9 1 t DS 2. ���� `?AA,• 361 i $5 s+-. � -,,L� � 1/�'/ ►yk r� i /o 4- 22 r-7 --ZJ71''`s'-e 1 & (c-i tr 3. . /VF3 r 4.4ri ., /� ,.-,ti-, `, tc Q D'449�' I� U-I i- , v4i e_ '�J --, I ,J`. 9,05-4 7. a� A ilkS 0 ? 835 i,firii � n �.,i ' - � -4 I •e 8. - , - . v 9. Lvt K--e. \IVO i w , l�iL Pit( v 4 '-EN�`e. `)-�° - S c . Rit ka,� rrA5- q-0?'`- 11. , Jo (-tk ii C , (id(-E'lTE SE Vtt€log,owt- PI, At.#209 Rap:4 , ' ' 4;ete; R_Cn ilk€P-61/12Cu kicy Z(if i.c yt'l IC vutelciu (44 J---Ci • )y14 14. 1-- UV %w�.. tUJ ►Il-�,tq z- o1 N 1 '5/- N 4S& 4___ P_ •s - - _ .��T�i ���1�7%�j-j` tr�r`.�"��..� ' „� ��'1'T�l'►1ii1'it/i��»`_'�=�►� � _ y 1 C. 7/1MW I lif • ' 'W. 4 (v'3 -r"le.t/ igit-‹ A/f kevi-Foil ItA YT*5 i .-e- S7 < ti611/1A . Kgairrl ei., v-i 12 ' nIE-s 1. e-•Lw-A-tsn;Ill- o 18. t .� %. , � � �v� I,TPI f:ECtc - l ltt►J. k 7 19. i .� ' . A C4' A ''I' -. C/746)20. / — /gnnC, , ateS 9-4) T`S— u 9g9S6 ��2- 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 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 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. O. "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 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. CIIY OF RENTON CITY OF RENTON .,_ CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 l FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 24 SECTION NO: 681 NOV 12 O SEGMENT: 5 SECTION NO: 115 SIGS/SEC: 3 FROM: I ( 5,915 ) SIGS/SEC: 16 FROM: I ( 2,054 ) TO: 3 ( 5,917) RECEIVED 115 TO: 16 ( 2,069) 681 .r txi i'11Nli 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. Signature Printed Name Address Date 1 /`c_. _ h tv/;eg aks" Ei �t� ,i,L ill . id 9g4s 94.05 C 4 0_„S. 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Are-iv -y0 20. f'_ \..�D11 ice. rO f nJ O)-(f tit + i6�p 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 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. Mr'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. O. "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 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. P 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAI, ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 5 SECTION NO: 116 SEGMENT: 25 SECTION NO: 732 NOVtl 01 2005 SIGS/SEC: 16 FROM: 1 ( 2,070 ) SIGS/SEC: 4 FROM: 1 ( 6,103 ) TO: 16 ( 2,085) 732 TO: 4 ( 6,106) RECEIVED 116 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 l-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 �1/44— L /9 Ri7q �/his/AM-de 3�.f ov fif o .23 lr✓` a 2. mi,4406 ITNTZ ZZ 9 .K ;1-4-0/4/ IVISF .2_3 (TUG-©5-- 5.• '17)Necie, -1(AI�eK (oo s '1i:410 St. 7/Z3/U 6. ubvvte A y 341-\\‘1 Cfi 7- zs v5 7. r/f 6 ?3. So.onoi,e -•(( ('7-a319) r A 8. �� !oZ(23,ii<2E /WdO Q %C-Q r�t�Q.✓ �" 17 5�5 9. / �/ /4 4 Ki 40.Han a lu /�/ fat 13. ��- 3 516-5 14. pcond-f t, J h c -Rejt:Ai '3059 15. �I ^-� Z �Z o,s Nt1 Qc -, �°,9! �i 16. ' ,—e2 ' ' II e, e C ��u It° IR 1 ,.Jr 1�11 il�/'�•21-598657 / 17, Lti lA _141 A..)- 7471-b1 10/6 OW91(0/03-ApQ i).(C, 19. lA I 11/Iac 1 114 \ Jdkd1S 4AP k E 7 Q7f 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 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 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. O. "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 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. 1 CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 .NOV li 1 2005 SEGMENT: 5 SECTION NO: 117 SEGMENT: 24 SECTION NO: 680 SIGS/SEC: 16 FROM: 1 ( 2,086 ) SIGS/SEC: 3 FROM: 1 ( 5,912 ) RECEIVED 117 TO: 16 ( 2,101 ) 680 TO: 3 ( 5,914) 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: t. 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 enactcssaid 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. ! ._ _„ C'.,/ u , , rt-edurr. '. D.S_ 7-7-OS .,-.477ag / . 3. ` //.1�.1� _>1'-0 I =4 i1/ ' `i ce - 9 c,..-._ 74,, ,,,..k5 C4-A.rE '76057 V7',oS / A , INFArtzlnii ,. eak. ..„ .. 0 - ---"glogiii-ht2.-24 - _ (,r . ii . 1 o..Jii)r-, 1- tr--()%,f;a_ .vA,Tc.. s- , / ' ' 77 7/o.5 11�c en75 2/0/ S/�J. i<hSe glv Q3`3o 7���0$— 706 co`8. �v c� S 2c I SC tsk- k'A . K ,te., /20E7' 9.\if/LZQ 6atAt tAA 3)V\YAM(1' 4-2-0 St. " .1'' 'Pl. ctOS' -1/1/°(' 10. r^ie,,/Ate 5"-~, `., / /6 /Z/33 r W 8O3 G 7 d, 11. '' �� G 0�0oi (1,,(A� Cry' S- cigoi l 7 7 '°J' ,G - 1 12. ti/101:1i C Tk i1,oq M. Luca S' -R Nt g'P� 4443 1,, ',st 5 C? Z-.-1-a S 13. Sh ". L 14 b 13 U v lb aiilln64 ° `fw W 4 Jia,i/rJ 14. / < ` it 41,/MI Y✓1 Cde 3L S 4 4 C ie'4 tV4 ` s3'7/7/05 J r 15 15r � �CSl' I3�6 ��C � ' �P�7Ml.�/a �S57 7 7/a - 16. ,."� .,y., C'`,44-(eA s�r1- -e 5-0C x• �T-cE -t-�,I CIA_ �Go S5 'v 17.,� -1/ U�iv 6�GhElccS e Set/ zr��74/i " 47 - i-1-8. . 426W1-44' , -46t_ _ 7/ 0 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON • FIREWORKS CONTROL ORDINAL ID: 28 FIREWORKS CONTROL ORDINAL ID: 28 SEGMENT: 5 SECTION NO: 118 SEGMENT: 25 SECTION NO: 731 0 SIGS/SEC: 16 FROM: 1 ( 2,102 ) SIGS/SEC: 4 FROM: 1 ( 6,099 ) 'Y NOVU 1 2005 TO: 16 ( 2,117) 731 To: 4 ( 6,102) RECEIVED 11 s 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. Signature Printed Name Address Date 1. j & t /C Fi&/sike- .3e/4 7 / " '= y364-C q+/3- c y. 3. < _ ) N a tee. ( S p —th ti a _ E T f3 3 4. el_t l Mall4, l 4 © ��~ q H ii/S-774- j-joAA- )/egfi 7.0379 erzeilfl e� PAK, . fv Q.k is( w Iasi. R4aN 9 13 8. — v US `��,v 9. ' �� 13 L.'� e off)G I Al yl e if'? Hwy -41-7 053 13 4i 1 otf i�� IfZi/ G zz J /. .a'J 7"�./,i'7,4- r? /L or y 8°3 6 1 , • -3 6-„ 112 1,1r A 6.3 rtE.;4.�.1 J 'ue lit',( • 9// /0 3 JQ 64 12. / `q og , 1 13. 6c �t� Poy. o- k7i40/-lothl Fer56P-0 g-PO, uz— -16(-65 14. Ca4a,aiti<, /cietL.p4 ae R.A Lc i ive J /L e•)vo 9go55 15.J y r_7 '1 i,qe!G ,"Wick o1V /4.i4- 40:711 /pp_ — 16 1_,s i e( 446 f SE 3 P1- 'Q-I,41 - 9r(44/0,3- IT Alec. i� e 19./ AlnRfigt 1Pn Cev/ch 3e Pe 01 Cc AUf te,/11M /(.(l4 S `r( I 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 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 issued a fireworks permit in conformance with Chapter 70.77 ROW. 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. O. "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 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. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 :iffy OF REI IT N _ FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 25 SECTION NO: 730 SEGMENT: 5 SECTION NO: 119 FROM: 1 ( 2,118 ) SIGS/SEC: 4 FROM: 1 ( 6,095 ) NOV U 1 2005 SIGS/SEC: 16 TO: 4 119 TO: 16 ( 2,133) , 730 -- .. L al\t WI V - ( 6,098 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. Signature • Printed Name Address Date 1/7414- Orj- - /tliE sf 9 e� 2. !, ; i1 A rt)1a � ortki (�T / vc, 3. wc(Z ' % I-) A - 5(911 eiN04\A CZ OE Qll)iV 1 4. 0 AU.i, \I-2,1 E ,Cb(l,Yd•I iti-ia.vt titi\ 1( i 3 i ns 5. MtYCC.c*c Zvtt JJe: ri"`PL ' i3a-). 6. Cam • ' CO r L, 7. Uak R-1 At-V166 3�3(C9Grlc R ©5 8. G G t. el'iLA 33?4 -� ..A1 AN IE /1.3/Q`C- 9. ( v- I zoc, 0 .3x� (-,,,toi, // /5/vs 10! 04111\»OlCiCk(LGk': ( 1\ to r A'� n111°cG{C tick '� '�,4.01 j�tit `1 13 OS . � Jl 11. 2. . ©,_ ?f 7A cSA\ l up (� ��� ' 5c3 1/J3/D5 12. r [)t C( (4 itb1pGV(= © Oa- F45G bS /ii, .i. ? -1<'T' L, . L62,L, ?1 A-� - - 15 ,, A i - -� - *q-A { ,>r, c-if , r f " 17.lig)) r : �rri� 1,V/A'am e-1t�;n ( 0 7 -tnoiv er -j ,P;TIV "" 177 a 18./ / -i '� L fl,�� c�� ., o- OC,"�IDvlii-, �y'< y ( pi to 5 if 19.� /I,i' �`. .s,/�,j,ii, 61, ° ' A "UV) 1 t- . , qh ie:/.�,- � /,J/t c7�✓ /i,,/:/777 �" 20. 7„,-,...,._1,--- (_1l�":Gr `- /i?C�/ ,�' I/ - _2__0 ti 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 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. r . 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. O. "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 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. • CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAL' ID: 20 ` FIREWORKS CONTROL ORDINAL, ID: 28 CITY RENTONSEGMENT: 5 NO: 1SEGMENT: 24 SECTION NO: 679 SIGS/SEC: 16 FROM: 1 ( 2,134 ) SIGS/SEC: 3 FROM: 1 ( 5,909 ) NOV &I6p 1 2005 120 TO: 16 ( 2,149) 679 TO: 3 ( 5,911 ) 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. Signature Printed Name Address Date 2,/' .1,,ife? , . jtAr ,,,, 11441,afie gAid,) goo 6:6,4 /Olie 4/ 7/1:5/0.5 3. /l''. -,---, j ' . c J , , ',IPr..-K ' _- -,.., lie .), /r '5 5b 7 _57/9 5. JbV, -(1 ../okt /6 Pf -T3J( e a 4.-/' ,rz e%lx 6. .I 1, " :147 "e- --;M Vti JJ r{�.1 S',f, �� ., `b ` 6"[c r -° • 8 1 /. - -h1 OA!'' pc / gg e, , !'` o / 1.;_i.cJ ( . 40 . 7 /S es- 9.� `1 . ,J /Y i i N c ' f f-� ,Yi 1'`7 5 �'^ s-44.-L P.�c �i�'cS` _! �/ ��ate- �. T 7 .��t 10. 1_-aliwiLt&g, LOU Ira_ au i E/ t ('iy' £,�A 1 7-/ 5--65 11. --��vv��.j , Y�� -.�c 1l i\(0 7.)7 ' `I 'c� 'Lq."rs-,-f,_c 12. 14-CALev,,,tej- 0v irti t12 j ?) IA) C(�_G _ - ( y' y�; -- / ,13 VL( JW Cr'eNC€' SNIK)Snak) I ( ki. JvIt7 0& 1—/S -os 14. : l.'�✓-e-c .6f- i I c �a ril/6iC'e 13o'7 S .Ray rlit-- 73/2_ 7-/S--ts ;. I 4 15 - / G re.`p C Pip.ill Ai! J JO 0 A/ f ��-' !c 16.� � t / 6 V C itAV . ( --;' '1 5 pr 4 I�1 sonse-Nk[11d 7--1, > ��a� ' 14, 0rt, c. ' ,,,Q ,�.. I ) Li-0(0 SC_. /y� h( 51 , . 19.,,,4 J , 6 " DpS? / `111 MA&.D (?. ' 7'-/5 20. • _' �- y � �)G5 °q �'� e�ci��'� 3 gyp.= cr. ii. -ii, %)LJ3,I er. 4©,N ;,eJ a(` 0`Y9 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON 28 •FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON • FIREWORKS CONTROL ORDINAP ID: 121 SEGMENT: 24 SECTION NO: 678 SEGMENT: 5 SECTION N0: NOV ( 2,150 ) SIGS/SEC: 3 FROM: 1 ( 5,906 ) d �j0�yi5 SIGSISEC: 16 FROM:: 1 TO: 3 ( 5,908) G 01 TO: 16 ( 2,165) 678 _ „...k, RECEIVED 121 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, 1 i 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. S}t nat .r�. Printed Name Address Date ,,,`- (ice �, /��et. � /': ,5 3-s-64+- D �- A/A✓ Ze4a , 7-z-,s- 2. O 5 — Akc(v- 5o o f v1^--4- V A 2 5 e 4. ' MOM 41 , ,,42etie f 4 *rite %, :w to55 g?As 5. 'uf el v4Cr \, I l.i 5( 1—1:_ka_ 7 )a i05. i, 4In% • 6. ,`cam- � 3i S E0 2/2/05 Iry 7. .: ,-.AVA A___ 4.1,-' - I Ulf?u __, 1 L4-1 LgM be - aim a j \ - ) re "1"30'3 (2\9 s 7 .980S9 --/3/6s 1 . it %ram / 'die/. rko./ 4V6 SC 2'<J PL gi-as? 7 .3 o s- f � l 00K 12 z � ' l r ( ri/LZ'! -7 t5. 13. / Na„i CL ; (r'b S A-Y.lz 7).l I F6s(�/�', 7��s 14. , -6- t�,4.-j' P: Alec� (/3%� 4C /' r (i. 9s0.5-9 7/r/f , trite 16. /7,-/r . ?Q j/3,. /e'�YA✓u4� /ipc c �059 7 1- �� 1 ' ` MARS-/-0(6 kiigi,V 8?2 t(A)/ /".4-° - 0 E • 9Y057 7/v/e.).S" i r / / 18 ' \ 9ti ��� �o 5 2 N CST 6�� 7��(I a 5 19. :� Sii 'rrkpy. a6O7 /Vz $ cm�s� 7-1._ -os 6-/ 2 Zd - &Me/7 d 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 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 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. O. "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 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 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. 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINM ID: 28 FIREWORKS CONTROL ORDINAL ID: 28 SEGMENT: 5 SECTION NO: 122 SEGMENT: 24 SECTION NO: 677 NO V 0 1 2005 SIGS/SEC: 16 FROM: 1 ( 2,166 ) SIGS/SEC: 3 FROM: 1 ( 5,903 ) 122 TO: 16 ( 2,181 ) 677 TO: 3 ( 5,905) CITY aEECI S OFFICE y 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 2.A07. j. �.1GG+gr- C,4i,�ikJ /�l �tit,.7k��,1 c k, j' -9 -05-3 ��� �0 1,,,, 1z 4 K2,.. Li u//0-7 ,-e 0- fe 1 12,..E,, L- 7 R— 0'5 s. ' >il, j .- .2- 337i )..i zit QUAA - p,s 7 - o7 I 6. ' - _r.x13- .i-\L]��VCA 4,277 S& v, p k. 2¢ n 1--ei. vS 7. \_i , L �� F rlrc iG -]-3^.4 _ 7iQ -110.0 9._�� -'a,y-N r r.fi ‘[ip �'kii . , . 9 roe 1C:. 1 ,/� 3 7 .` 1- . r-,L.fek 7/ / 12. ALP et,ZyJ/Li ._!2-� `) .Mp 1.-e0L E;Ja,O 1� �, - y�"' rJ Sri n WI�`1 P , �II L 13. 1 -e- e'-' ( 6 - '1')(a& ItJU c-rev /s U f vtia�' •l u e Ai L /c; ---14. - pert-�t �� �� � 0 / -L,io 7�� 'err 15 /cvCi 75,. ,,VP L. 71-)4 -- o/ �arc / 16. vlJt.^�f\ ,` NA01/fin SO2i vo C I . ��r c9 N , (AJk V ll l /bs 17-'v � ' ° v r/,2-e0��"WW/W`'a Ie.1F71.2,77 /A_ ° -/o._�5. 1 . Le 7 n✓ Kijekil (30 Jg l-0 e l l (iv 16 6 1(�,\,- wI,F1`Q�d-w� g'r'r` . lx1 p 1)i mryt f 2 Z i Z l\4 F�1 LEL 5 '7- I 0-o S' 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON N FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 N O V 01 2005 SEGMENT: 5 SECTION NO: SEGMENT: 25 SECTION NO: 123 729 SIGS/SEC: 16 FROM: 1 ( 2,182 ) 1 SIGS/SEC: 4 FROM: 1 ( 6,091 ) RECEIVED 123 TO: 16 ( 2,197) ' 729 TO: 4 ( s,osa) CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER 1•i,' 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 anni'efsary 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- I{• 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�t Name Address Date 1 ) ,a , Yt i4Fe Juts 2..5�2 hie—�` a v L 77 q/ — • 2., �'�y . '7,',�-2 �'(d,, 6Z 9 I vs-A- Vt-.5 244U7Q-z -74 -- IN- 3. : ..1t t.1, 51O S C Any- ',et- 7.i2.3 SU'15 . 1 a►-N,Q -R -1 iia j oS Vcc. (g4ie )O-- �1,�0 .N. .� ��j 5. ,�1r• ? . �� � A /T,/4a// y%/ Y�y ,J ase --- -6-.- ^- few'' -------- 0, %-7a-C- 71 .C- - i4 r)0-6 *wok' -.44. 1 , .0,. r� .n 1 , �. IiiisiaIri MI 1°01011 i11/!/1 / - , 8( PI;r,;!!iStarirdrairt _ _ ' ..',,..,�L `7 • ■ _'_► .��_�� I. * �• 9. v -�' %.��-�c.�-,r 0 2, Fro fz4( °i-3 @ IA-)t x.re,,JS v 1- W r1 ipt�..° 6 /1s 7 Allii , • ?10. 12 -/ PfL '' ' A 0ue - 9 11. .' �L Jo i Z E/4--4 _ %=�t2 9 z� � --,a, R i/r�v J 6-0. . 12. 1 -=e /f,1 ,e4 CIN/er /36 C�� .v����c .7/ •- 13. 11 ,E F5^, 8 �'f'n, 6'9'/� �.. veu itNe&J4k, (,),M gow 7 14. ,C� . ,/ e?s,o/c( Cz..)/4 ,,OAr s /d(n C hU v. -//1/4 .,f/-e- 7-la-oS / k-'t At-A/2- 7--.1V3 d•-)6-CAci C'r 14--L- b••• 0L_A- 9g0Sqc) 65 P. • • - • __,4 • /c 18. ` -a 1)Ct O<<e- `/70 �'�% S / 7-LO--0Y r19. L�tre9 W// ,e1 (66 A/f�p .^ T /.2 21/cyoi 26. 0 -- rcOr eel1 3 IA C-4cin411 1;6 -1 N. Ly` SilL. 7 -L0/65- 4 • 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 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 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. O. "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 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. CM( FI--iNITONl CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 1 FIREWORKS CONTROL ORDINAP ID: 28 N O V U 1 1[105 SEGMENT: 5 SECTION NO: 124 SEGMENT: 24 SECTION NO: 676 ' SIGS/SEC: 16 FROM: 1 ( 2,198 ) SIGS/SEC: 3 FROM: 1 ( 5,900 ) • RECEIVED 124 TO: 16 ( 2,213) 676 TO: 3 ( 5,902) CITY CLERK'S OFFICE r-_ eEVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN,HIS OR HER ,tif TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, k'Y 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. 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C'p (I r Sf '�,�,f'r ILO d i'N A-C-0 4 a:, - .Mre- /�� cslir f'S'6'C 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 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 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. O. "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 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. .. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 NOV SEGMENT: 5 SECTION NO: 125 012005 SIGS/SEC: 16 FROM: 7 ( 2,214 ) WARNING RECEIVED 125 TO: 16 ( 2,229) CITY CLERK'S OFFICE fitiEVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER .1,;11 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 Lioib MP 12.67- 1. -- �.�.� !.Lr- j oana�n Vanit..e-5 , J e'kv; Ar el ci�25t� Z �S �vN' i/' Salo 2. ' $G G� ' ea IC ON 06O 7A 3. ti � A ag6l t � �,�' 4. ( IS Lett E,Cc I e lo7 kivri 1 q i4s? / 8 ,g t'o/6,..v St ,!2 r.0 t'o N o� ql�f o5ci /4 .:, P_SiT ?..-c: ..c91,0-i 5. `�\\w S\.S:.,\RAJ \a3�°�J� 7.,\+, .- c� �x u .,., ,, c_ I' `,� ii8. , *.' /SO'‘e,i-f /9 Epli0 gertorf /g 0 l'-:°. 2- 115-- 9.X I//4i/et !/- el& idea 5gwei-B/r7,,eA" &Afro', S 10.�, , P � E• ,6 (b� 9 Cam►, U Q- I l • [ 5--- —✓.) 1Cr W 12. /` I�,'iYi:,,r • i OnA. v s ; . 6 / of ' ,e. /' /., A(As. I1/AF /eel ,e- 13 IR. -at-.. ' .'° ' ' 1 ..., :V. ' Ai 'eLli, Ikl •--f sgt Ai . . . e -,911 7 0,4: 14. 1S�,� -4 41" b kik"\CCA Ll(\ I`l (V'MOM 15. /' ,glrlC�r�r�cn Ps* .ifco 9DGI RASA s r i2 J • ��®�S'-� gj02I Tin 16. 1,cai�aaviukit Pa+r l ce Per rciu i+ 1315 5, ilr�et Dv- "CI g Renton, WA qg055 9/02/05 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 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 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. O. "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 anytime 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. 4. 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. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 5 SECTIONNO: 127 3 SECTION NO: SIGS/SEC: 16 FROM: I ( 2;246 ) SIGS/SEC: 2 FROM: ( 5,725) NOV 0 1 2005 127 TO: 16 ( 2,261 ) 608 TO: 2 ( 5,726) 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. Signature Printed Name Address Date 1 /11.- ReAscipn - i io Swc0434-0-e_ 7/D--4�3,--- 1 V�i✓N Pl e,,,„ 1,0„,10,1 3. ! O(!u`l� Oct, loedvitc44agAt l2 /()E- 7zz�o5 rli c c ,, 13a 5 Tl.o w-4, 11c 5. I -Joy. ` JA 1 3s 5 6. ( 1)1r Vegit 5 ao l�/,/ e 1 yt/ - 7. v'—.. 520 tl Je ((c— p(12-9 4L7 ?# 8. -Pa ��! _ Ai; ric ;c( L, �r�j � a:v3A l� e 7•Z7• 6_5 cd r . 10. E 1 Ko vi Mil ) ig6. 42 7 F�^nr,�a f Aria d w 5 ft(�//''e Sali 9!o' os- �'� 11. )) r1 q ry 12. �,t �— �( ClA r r 1 In Gy tA1Ll.� (S a 1 7, �kq e,4-1 i)("if-A-�3 1 r t.209 l 13'y �L/ 14i- - r,MJ L GEL 3 7/Z,u 9J S 7- iet^,Ty, -7A',q)?IK5— -14 d; V.+ j7 v,r, v Vc _s i:DS 'MO vvvk- Lk) Zia a�os 1�5, ,ur1 4-€.6 LC( l o9- 1tci..Ave 5 6.. Lad _b v 61193 lie'ttS 21_o U Gi/,- 6,14l l L r`e S 1 9 U, 18. , .wry- ti1g2A2 � ' e.S ne i 7 as-oS 19., Q .444 FMPEP" 1 td/LLI4X)14S 6 ISS 3Rn 9 W.�� 7_2_7 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 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 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. O. "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 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. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 5 SECTION NO: 126 FIREWORKS CONTROL ORDINAL ID: 28 Nov 0 1 no SIGS/SEC: 16 FROM: 1 ( 2,230 ) SEGMENT: 25 SECTION NO: 728 126 TO: 16 ( 2,245) SIGS/SEC: 4 FROM: 1 ( 6,087 ) RECEIVED 728 TO: 4 ( 6,oso) ITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAIVOR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL ER, 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. �/o j � C Signature Printed Name ddress Date 4 i _i/ q' ',/ ,zz. c:X 2� i 1/�TQ►C� ( a'k .Jk M j r'/. 7- 23 — a`.-- 3. ,. �_IAyi - 1rn 5 2 / 1 �Y .a �'nAV NC, Z-L -�( /,t'a iv/-.&) /3i 56G ce/ 3 i15�l�t''��)- 2- 2 3 -0 S 5. : ' .d2Lc , MI MA c/J. DPI S-(-P.e14.1 V)-v 2sGJ 7.434=_ Ar.)4401-:,. Ic I�r VA 6-r id 1 Cr-7 00-CC, t1 ek0e vw 2, �/7 7. JyA, PS/r-.v,/ 520 & Cvk 5-4-4A 12.5-6 s 8. ,GOA ION ,56tl S s 1... \ ik,-vuc0" 1 `i3_CLS 9. tJ G7-0 4711' i at8o 7-z--©s--" 10.a.1 — J 4n Ja�.c-� a25 W,')iiana$ 4ve /t/ 7-.23" ..0"0--r_, --- • I ,. • . - l ' ' ' * t r 12• On CUt,&i'1 (�awl LD IS 5Y1I�an l i 5E. 7-3-05- 13. J • 1491r0 Pad ZZl� 9.'l T 23 d5 : � / ' at/ £f4k /l�kLuz J3 c4 /,, 15. -. t1 7/y a.S— 4. "' 6 Ay 2/./- 19. ,.. /0.7 ' c,i) i , - • 'OS---- 20 % 0: � el6q 3 641- 'ilw) ,� � Oz,y05----- 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 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. s 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. O. "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 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. f • 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.