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Home My WebLink AboutFireworks Initiative Petition - Vol 2 CITY OF RENTON CITY OF RENTON STY OF RENTON FIREWORKS CONTROL ORDINM ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 p� 9 SEGMENT: 6 SECTION NO: 128 SEGMENT: 25 SECTION NO: 727 NOV 01 2005 SIGS/SEC: 15 FROM: 1 ( 2,262 ) . SIGS/SEC: 4 FROM: I ( 6,083 ) 128 TO: 15 ( 2,276) 727 TO: 4 ( 6,086) 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. ✓�'-ate r-� //� fe //4 2 P 5Zdfl -4a ?.j.� s i 2 L- t�L�'1 L 4 cir. I, J 3. 4. l / 1� 1.1 /l�cso 2 /11.1 m A ve,/!/ 6. kh2_1i i' % .. _ JG-1,U�f r(. * �( >te. �'' - ' 1c cl 7. . leeterkex,31T-i'..-" za-rebfilffe-- Ze-2-277,-(1 8. ' L1 Ceerii v tvce eC ° 9. �r �ti i/iSc�.".�.. L4o1\vmva VY S.c_k>,, t v" U-5c( ,.. 1,(AEt- l;v l � r1.644-qqt &I-A-Ve /21-CA 12. r !G I p L r �!/ .0 / - i! ,,Q�JJ n . / , 7- 2 ! 13. // l / �G�� d��i •2AZz (fossh �vL NE_G Rit.h1-bn/Wts`l- 7/2�Gs �� r Wiz ' L l' - ..cue 3-1---4/ 7." ,: A p— r /fir f--/41 18. ; �. , 1l y�� J�'.0 /1/L' ,, °� 92° 4 ? g IP 'Pm .t•&•�,.,/ ....,-4-• ---- �( -,� ?�. �� 'v�- —GI -a C, / 4571-. 1 77 7 e��S u�,�L�2 D�-- 1 T 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. it 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 ORDINAL' ID: 28 FIREWORKS CONTROL ORDINAL' ID: 28 SEGMENT: 6 SECTION NO: 129 ' SEGMENT: 26 SECTION NO: 774 NOV 0 1 2005 SIGS/SEC: 15 FROM: 1 ( 2,277 ) SIGS/SEC: 5 FROM: 1 ( 6,302 ) 129 TO: 15 ( 2,291) 774 TO: 5 ( 6,306) RECEIVED I nj\lal1u 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 L Date 1. __Vepii '' / '' P 4-,44t.,,, L-7/24'., 1677 i kr ict)g, 7 elii4r / - / \--4- — 4-fr ,,-7- j , 2 ' - 2 .� .�+f^�®C-4 k/i, �!le •' tr?fir_./ t� ..J' Z ®T 'e i/ 3. � i ', :✓ ill Zt� t( 31' 5err) 81-71 -77,_ _c_.,tf,tap'1 0Tei 4. •, t. 40, �► /*I -Oa �liario.. f , � e, Io�A K Lrk ict+� CLo I'l. a t+ 9 cc N -RR 717MMak. ilifirlerlit, _,___, . j 4 _ _.ts ./ ' ______- I, - • 2 _ 7./34-riii: 6 ' i____Lvlb (mow) i g ,66. 8. 4':x / ..riair_ r' .5,!f= J . ` " (7_ 9.LfNri111E.. .1.. - 0. !„„ -w.... j :sLA--�- -—1--3-2- - - (-7*? - '- 5 1 _ , Vie----fi r-/c.�� __ --Vek- �- r- -c--_i-0 _--12$e i- 12. r7(11 W 4 A'li ^/ re50.63 C wish Qet e s 009 ul'? / ec.✓ti do , 13. Of if rijf pe'f 1 '1 654 i ce - /q/05 14. _ (,! I /t , � �j / ! �(t� Cc�s�� K �T �� ( t 0 R$k 'liC� tVs �fr��7`1 Icy 16. / � 0 '__ ORL,afi1 C �4Lgw 5 r�' ©I rl c 6°14_, ¢ �c1 �.. . 9t7��r ��LILs�1a�;��11yr��G7.cIi_ 1. _' - _ .1ir—�® -rime,� • � ' 18. ` ' A.'A a .•t C 2�f1-e At ? �'1.— (1 `tbt (w tic 03- a r trAmei I ?-1a ,01 /01 / . fiv r/ "f : - � a- "?��® �a- 20. 1, ' ,�" _ - e _ l� �r- _ Ill# .._..al f (J•_ --1) -0 eL� r'/ . Cr v/Su_.1 6.J.A 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. rV 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. 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 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. 2 CITY OF RENTON CITY OF RENTON NOV CITY OF REI�TON FIREWORKS CONTROL ORDINAL ID: 28 I FIREWORKS CONTROSE OONINO:r ID: 726 ` SEGMENT: 6 SECTION NO: 130 SEGMENT: 25 • SIGS/SEC: 15 FROM: 1 ( 2,292 ) SIGS/SEC: 4 FROM: 1 ( 6,079 ) ��ry 6 p 0 1 2005 130 TO: 15 ( 2,306) 726 TO: 4 ( 6,082) 9 — 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. .- r-Erk r)Qw � J 1 l 77 2. /!'. ,, �,-�� ,,„E, ,4 l 5. 0.2, k c 7, I . -- -II -, -4 .-#‘.. ---Y- 4/66- kv-La-1040( 4,--eif4i-f-- ' ' IlLE, ?4, , _ A loI- ri _ ,9,4 1. ' i !C ram:` ;'�'_-- =j'We - J2I� - _ 1 -- . 5. i''� (► 6f Ve6iA.to 6.Z C 61 N . '-- ��-- -4-� °� - ems ;, = dw,,, .X1--..-----.. 7. r - A _ ►1pNEr �(��NE.S `fi00 LAKE w l.Ri-VO NI RC.NT61J b><'ta //9 :. ...,Am - .k-T7-iili- -1-.- -- ---0 -ill --Q ---- 1.---'42.- -(4-4-- Ave_s___ 1 q 9'7/�,J' Z to 1►ll l�/ (ter I v ( l/ V A.C Ai e /C u S t aK U 4 7/ 10. , ,/1 ( lt, �C:A a ki►"rM M,, ZY0 k t pt,r -, I G i9,„,,o,,,i, ,,,,,,,,_„2 gie4p pit(0_4 AJ ,,,, /so'ob,,,,,/,,vix' . eAz- 12. 'I.CLJI/r••�Yk- C3k. , Inc: r vx on S- .CLc�i(r 6,)(0 6lenno..,04,6-,1a-4- `r 13�S WOU\C( � l id �. 5 Fd4�onM Q-. X 7 cl 14. `‘ ^- .r�9-v'�t3 ,-� 7.S:- C.-3 E `_ �- * . 7tg1�c- 15. " /1-e"+,. I� �I"1- �h,2 l o"3. r�a�vy e ILL S .19 16. - p ; 5-1, / m e 710er- 18. ' :�r{-e � �/%�'�1 -S� e2.S 19. ., k "1,4 irCLC 14 r! K'A-0 C6L tSo k 0 LI 4 4- 1 dr 20. K31\coNCVATi Z V . _C:, P--0,0-A°1' -4-01 (= . . . 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 RENTO3' FIREWORKS CONTROL ORDINAP ID: 28 I FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 6 SECTION NO: 131 SEGMENT: 25 SECTION NO: 725 NOV0 1 2005 SIGS/SEC: 15 FROM: 1 ( 2,307 ) SIGS/SEC: 4 FROM: 1 ( 6,075 ) IV V 131 TO: 15 ( 2,321) 725 TO: 4 ( 6,078) RECEIVED CITY CLERK'S OFFICE EVERY PERSON WI�IO 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 1.1L .egjcu ., ' 1-1ecckkef H.�o�cL, l'� IIQO S,fh se+CSlycd WE J-vl� I$j L � .100.5 2. , 7eA/'' C T L #r�r C itNG tQ //o qr f, v-e'C(9l'-lc 7 -fir- 0 j' . 3. Ay.45,--- ` 4. , . . of r Use g 0 1 `) /4/9 6 4H,f m irr - 16/ -05 5. � WO t Z l #� - ' � P� —6. • „e1,�. -7,L- �. —,� vki 1 -- e-.„ A--ue 7—/ A 7. / t, , if , "/ VIAO,IL (- vka,C3-AAtIS6& 195 S.S. I .77r5'% —I Q_65 8.. 4_,J. ,- 1 0 O,4I'�i.A F. cr C-Rnc r ,1J5 Ve kL J L je n/co -_ 77-0 9.: kis m Anne 6nvfrIvi-, I•7 1bf-., P L.-�ntviA. 7- 19-( --- 10.(1,i / `� , Ini-e A�rG,(e✓ lorie5 11j7 /.rr/ JJc,,2 rOL7 ii.i ' 4,01401 f0/(116 ifiri-•tiniva__ 35 czaov ids° ,L',r,k c- , Je----7. - I 1 - ' _.X3v4 ;►�i w. : i�■r�ri'IIL -` 1tt�ILfAiLl�ir�-a i ram` 13.t eL-f J ,yc Totes /94e ,e6/16�, A Ls - yio 5 7/17cc 14. /'!�' % 14 f.I i ill ARYL., fist/owl. 1150 6NJONAvE NE/a-') 7/8/o6— 15.. [ . � X`W EV( ,66)Gki--01� l 1LOX `esi,`l/G P1 747I0 s- 16. Lttil t /rle,bd Hora�r es� 6141a�d I t A) & 1g105" 17. M 40( P/JDf i2/( C4i icw I ''41e 7-/�-�S 18. (_/rdL7A /1 UIAP) L .- A"Ur,OP___S 11- I' 3et, -il' fAvr fE r r ' ' 71 6 14'4 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. Man ifacture, 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. 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 ORDINAI, ID: 28 NOV 0 1 2005 ' SEGMENT: 6 SECTION NO: 132 SEGMENT: 26 SECTION NO: 773 SIGS/SEC: 15 FROM: 1 ( 2,322 ) SIGS/SEC: 5 FROM: 1 ( 6,297 ) RECEIVED 132 TO: 15 ( 2,336) 773 TO: 5 ( 6,301 ) 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 3. ime0-4 at co e D.ei,eBe_ 2 ®._r— 4. 14 ° 10 U 7- 6 NO!'t'/1) -7��` S. g1/7 / title a-s az-13 0 6 `7 6 El' pc. /Z7 a,I- i 7.� :.-Ct & l A C /1' I -1 1 1/ /Ue T r_ _, r _Aif al i 1ilwi 111 //.- �I��,r.I __i ♦I a ii , i( Imo,- ,l1/ l..0.1I jr 9 <,� 1/� i f Itire4 3co7 AA% /6` SF 729, of i. Mib - - 11. J:� ! i . /' S 7 029,,E I !% 6..76 n it -ei- A - . ..,� 13. ragAllr' inSP( Mr\ Al alMarMaffallIMIM•A A - - 14. ANtiromprn L . _ At t. " te J A i '° 1\4" 54-. .-.'- .... A---- ETRIZIPEZI 15. ` �� IIflew _ / I �. -< 7A- 9t#,„ I6. 1. !. .� �oa . . 0, PL • �3Q3 7121(05 17.��/(4, II I A I'M i - \-) �i (� c``P ' l1-Go 'I> r�. / ;" 0r4 - i a r ----1-:. _ilia". � •��.0 A- . API:2M. jai•'- J �a��>. O.�r.�eir� - .e__..air_ 20. ' Q-' % 4 : / ►-OCret, J ►Pre 47 a O. A)t'a. - . a--65 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. tt • 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 FIREWORKS CONTROL ORDINAL ID CITY OF RENTON SEGMENT: 6 SECTION NO: 133 SEGMENT: 25 SECTION NO: • 28 NOV SIGS/SEC: 15 FROM: 1 ( 2,337 ) SIGS/SEC: 4 FROM: 1 ( 6,0714 u ®F/ 01 2005 TO: 15 ( 2,351) ' 724 TO: 4 133 — „a______ ( 6,074) 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 A re Printed Name Address Date r 5.(.. �'1& I fi--0 1 37:7//)iie • •e4PPrer/l *- fie` 6 & 7 6S 6. ill 17 / yTINDrce<151/\ --?---1C /.1/-0&-i'l Are.,6 • -7/707°;-- 7. l� �y -te`� (2 e S ,t/a-,4- 9Ig /jS 8. te... a ./L.,_.4‘e 4-r,,e_,_/z/ -77:2z/47_, � es l o. Q Met;s.-s� R NI ti ilu�. WG ? '2-0 11,- Lf( l 1361 P r712,7 &le � r 1i. 9 u e.�� l L- ee_n a L S w0,se `71 (,1�e F�v 5�l /7/� -r// e� 14. f '�j��C,:44 .i l ri7 N i�ie,) d � V 1V` 1/---/1 L.v it 15. jii -c: f/ /K e 0 .,.,V /1 S/Ltti.:: i ti c i6 . 3.k6-1 '1/1-e,/- I 16. it/e,vi Allf414 0 -<°41 7unfzy,\ V-05 / "ybo/ 17. J� 4 ,,,„ ,„,,,,, /,,l T /-7,41eie/4i/lam Ai ,6LGi,p /E /A'7?-1( --W/SiVf_ 674-Cf A, "9 72-1-A .- a-5-- -- 19. /I/ ee l i(ii L� `�-1c'-G� 20. a/rA ere sa 6, - nc��lz w 5�Ad 9/ /ve-gew6,( 7ge. 4 7/,,e 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 ORDINAD ID: 28 SEGMENT: 25 SECTION NO: 723 • SEGMENT: 6 SECTION NO: 134 SIGS/SEC: 15 FROM: 1 ( 2,352 ) SIGS/SEC: 4 FROM: 1 ( 6,067 ) •al®� H 2005 TO: 15 ( 2,366) 723 TO: 4 ( 6,070) '`d 134 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. Signaure Printed Name Address Date ( 110a4,_0 2. ' •a, 6 r .S. 7 if a 3. /4i44Q,e_ Jam: Le. 1804 ?,exc.e S 7 /9 tg 4. i 1(G! / n 7. /9. r —5. • px„ - i- Ji y -7. J t - _ /.1q . _ 9. eL 1 no ( lz s- 5 , f�1 10 KRatrn if oolong ote / iA_,ti 7.(0.69 � S l l. AAA jb\ A/MUI 6, r-'G /rA /()"&C D ill/6", 4e4�,�l r�j05 12 U1Q Pvj Li -- I.,I,,/` 6,) S gv j — vciloy 13. 3/4/ /, 1 -fir.L ,e�.�eui-7= y,,.4 /c.Of \ ' I 0 14. `-. ,� aII 1 k/V l—� 4,10 SOC Loe 0.0\11a 5 1403 go-Lorry-( 5E 7—I 61 OJ 16. �f / 7 RIO! 17. ealL-4./ .1 4 et-6 18. v\ Ic3oc�a 7//7/ 1 c . \ _ L ; � ce_ 10'7 (1/V , i MI i-tc by 20. / L/ 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: 6 SECTION NO: 135 FIREWORKS CONTROL ORDINAP ID: 28 SIGS/SEC: 15 FROM: 1 ( 2,367 ) SEGMENT: 22 SECTION NO: 540 NOV 01 2005 135 TO: 15 ( 2,381 ) SIGS/SEC: 1 FROM: 1 ( 5,618 ) TO: 1 ( 5,s18) RECEIVED 540 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 �e-c--5a Address Date f �s5al 3/3 j' - 2 d - � 1. � �s EGG ,5— 2. )2t ' .,11 ec, e e�'s ? /,_? fro 7/-1, / &S 3.r ' 7//463 4. Qe , l ,/ `) S'o (oL'h .S -1 Ck 0, 1-I0 -( !i 6. (.e fait rn a,i? r r� l/ n A t 0.X Le �,• fQ.O '�l'�' l f �Q/� / - llli�a z7`�` r✓� ��7` ' 11. 1\-AYu a . !Ott ( rrj ar4, Is2110 9 ,p 13 -177a4 t.05 19-22 Ric lPr E A7tF73) R c) 7� �� (/ 15. ,/ G - , ve7t 30 1 /3,9 (1-AB bYriir5?f6 16 5� \CA 6S( r \(6 , v.N't oeiTYWD 48/0,' 17. • r- 18. NW, / �� ...4M n-�),;- ��-Ste\;1) • 19. :C-� i (/ 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. J/ 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 ORDINAI' ID: 28 FIREWORKS CONTROL ORDINAl' ID: 28 '"r ' '"I' 'r`''•t SEGMENT: 6 SECTION NO: 136 SEGMENT: 25 SECTION NO: 722 1 SIGS/SEC: 15 FROM: 1 ( 2,382 ) SIGS/SEC: 4 FROM: 1 ( 6,063 ) (�OV U 2005 TO: 15 ( 2,396) 722 TO: 4 ( 6,066) `�, 136 RECEIVED WAKN1N(T 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,-4-11644,•eody, _ch,,,q/P6r-ler- al,,__GexA3yt_t_iA,„5.6_- __36:54_17, ____... - 2.,4, ' ,Lji., -P,Aw 6-,-, IX/ ? Ai S-41, ee4tig=te.. 7A9 4 ,,,s_, 3. 71 0 C'cv- C jJL,,,,, .2 Lt ilC�ts</ c-r�, s V 71.- 4. ' - ri L•- 7eF .,:+��` CUB ®� 5' s-- - X,s,_ /c5 / at ici a GG1 , ,' 7 �fOf I�1¢%/)/iF> E , - `/20 y,296. `' 1 ' Q a1 ��. eo ici. lal t c 'N e�, ,t 23 1. b ,,, / �� 1 c mil/�,�� ,f yy�� i 7. 1 . .: I' 'din c� 1 t' U + 3 39 h vl e-f tSD �e Sr ®�y_65- U 8. + ; 1� ► of e, 24,0- 1 a S 3 l �►..-(-bn ' 2. 10. i' , r - ' . I ' L ) 44"v � •� �i_- li■��_Z'M r {ci`.1/g _ ,1��^^11 11. l`� l •J ' k,„,W,„..., . ( I \ 2. cC \7T11 A, / "�N \\, j� ,4 _ , �J 12. I $-c--1 41 /,1 14, r -. ? O 1 a,,) O&P 11.1 Li) C/ 3 13/ i --/- 4 ) / 'Art' it///1 &VW" ."-C/*/;"f/.0/e D Y(P)SS - 9-2_3-0/'- 14. A vitt-, II ' j ,.r, J.-__ /'*"tkv . A . r 285 EavVri j-i-dr Al Skk) q&-O 5- q�3,� -� f y � i J ` 15.l�/� s .L ! ie eJ, 5-4, 1,-1� c-{- -1•->:7 n 'W LcIe© _g 16. I_4�, 7 -2 18. IF"frL, 4 - \('lAga-ik- -f4A 1. V ' N • Sr- P-ety 7Z� 19 ,'•/1 1 •• /. (_. 0 �a` .;�.t/��l'�t /Z' 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 writteKnotice 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'o.r 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: 26 SECTION NO: 772 N O V 0 1 2®05 SEGMENT: 6 SECTION NO: 137 SIGS/SEC: 5 FROM: 1 ( 6,292 ) SIGS/SEC: 15 FROM: 1 ( 2,397 ) TO: 5 ( 6,296) RECEIVED 137 TO: 15 ( 2,411) 772 --- ,_,-�� 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. •1 0. A C ' ..</it CZ 7 (,te..e il Pt IVE- ci k>--1( 7/2(f lus —2. _ 56 • Qt 3. we / gi,550/&. `7O0 NE'. 5'11-tist cm 4 /9 &it/61 tu;,. T-2 ' 4., . C(A9v?-k,-\ C- .C_:M % Q cc4)19 -3 k' kA7;,-;-3 Aia- 6k- \- --- --k. q q 051 5 ' ,Oat P/1 i(lAtLet tA 11 . 07 itA__(HVI'Th_ ,_fr±_-S_'__Sci6Y,40 ,, _t.,AZY---c5. I `3eiD N\).D.,NINALI\Vp, '‘ t 971,-) \to I 2 1 y ki* --(L___,--- P-01 9. 271 - e— /J4 (ai 23(Y S6 2, pi , 6g12.5-- - 10. QV �' `A`a', A1l(ak pf1a5S f(b Vida =I ( E'- Pit I /z -/6c— Am i , /,, if -, _ 2 13.Q ..„. : - - . .4 -7 - . 4-. .---- - 7 fk.iurea ° i--/ /077 or Plie 12. 1 ..\ m.`. 'lb > 5-6C) �%/6 6‘1 0,-.3& e-3 .E f `Vei 13. Nx_ezic�i ', r! vPir �. aII14. 411/ , _ _ . l t / I ZS _ . " 14"S F(5 -os 15.7/ 1 (J ( i ( / PL4L.,--� „II ( 1 Ai/(& S`r' ,-A ((i 16. - � S�So— S s&M��- 1\ <' 18. .). q) k osn 660 Po pill AVE tJf 4W J?- T VJ,A cmlJ� Gl21/05 19. �,� e 4 Ill �P P �� , 20. M, ke.i e(d< l y1/ e-tretA,fi Au' S 0 0s-5- -zy_G5 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 (�$TY®F RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 2 SIGSlSEC: 4 FROM: 1 (5 SECTION NO: 721 SEGMENT: 6 SECTION NO: 138 NOV O 1 2005 6,059 ) SIGS/SEC: 15 FROM: 1 ( 2;412 ) 721 TO: 4 ( 6,062) TO: 15 ( 2,426) - -- ---•-- RECEIVED 138 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. Signa re Printed Name Address Date 1.(;,. .e.----Z (-a e JA i`")6 f 1 C. A AI '78-o.s- -___2. -)-Y--( -- - - -1-- / - q ' r, t', 3. . ; G'&0115C-- p,R ot , /5q 6A b en- et,-, 4a pET ?--A/-6.±: 4. G (►tic' L , - _ ___ _ /5zv i-7(...�,aC6) �4 // 6,e " t° `�/z/la S� a 5. (54‘, )- )CS H\J - 41\iNK al ( { 27 o4; tv6- I i S` C-1�Nv-zst\I �IvAclee,p, �� A,e 6. �Tr;�_,� �" /UJ 7 L U tA-� GI n 2-4'2- f r �J- , , 7)::''L _.-.7 ,,I"Q \j .•e rl ,.\I 22_5_(iV L,vlrt5 eI y'ZS z.lI 7 (, A, (..1 , ',;`�--i! i., gl(Kj, --- 0._� 1. °�Lt t:l,! tit .$ Ir 11 ,i-A..- 6 , W j'1 (1--LL-) 2_v l 8:'v. � r7rlJtll, r. v-v•y ti. ,,,,v_ ._\-- j 5kil, \, ..,> It.1 e 1\.i . �t k:�t�s- `--,�9- . 9q "' `'' g-t0 - - - - - - _: ot4rtc; tI -e - -m44- 4; ' 9S -ecs 12.,• f�1 4 _/ r//.:�?M q G-/( -'r9'-,,VF2 t'on qTO(�,/C7 7-.:? t4--0�,.� 13. l_f1 72 'ee- ��` «I. t'M s /a.,e..77/M4Y) 7fc :s°c. Ly, r-' , /t1Ci u,✓ 4:Jg 'cfc-, 7--- , 14.____r, cf__, c ,(, 73(-�Ucl, ��10\'e.(r - io;3..` N . " �'( Cl e v �r,� Cl 03(-� 9')1,6' C is. -)L1a..-I.-.Ct erg/ A4' Mo c\ A, .O'k e k a 1 I l a y 0\,\e.. /vt_S E 1Q OS& 9-a1.-c`5 1 17 ''..1: ) I. . ,1 'A_,,. _G'e fe..' ' 1 lad ' 0 ,. 4)1 C4 ' 44 7 cl SgOS 5 9.24( j t;, 18. liarlWrillirr _ G' G' ir�,, V G _2 19: / . i /� � le z ��/L�Jr'Ir!)r/�L%aiYd1J_xamrit>. �t • uh. ) 2 S-n, 20. , .4 C J E C4-I0,,-(.; ct2 u se&)iecc acve. wt../ `'8-0,5S -t1�,52 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. III 0 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 r 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: 6 SECTION NO: 139 SEGMENT: 23 SECTION NO: 607 SIGS/SEC: 15 FROM: 1 ( 2,427 ) SIGS/SEC: 2 FROM: 1 ( 5,723 ) ��®tl 2005 139 TO: 15 ( 2,441) 607 TO: 2 ( 5,724) 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 ei. P44,,,,,,glzer C 7/6-e_. _:. 4,4441 .63S-Le:07(7/1;.0.4,) , Y ?-/-613-- �/ (- 2. N...�zjefl C el C Oce,) c -ri An(4 de,(aS &j r,S '� , � A-- i 0s k. ICI L FI 1' `t_ Q A- l�(W� 7 sd f N (�Ch c J, � -7-' ( -05;,_;76. /ep 4. O4 a� �' e�1.S. 4/1/)-(0 OW rfrit pat) g J.6"6 671,,,,, //P.b diseAr- 06 5. Oli.-- _, JP-IL 1 .[< arl o r 5+-i CJ,0,i r - • - _-n.v r...-_, 6. 4- -1. C:,ec>/to Sin;o 9:. Li. f el 7 JJ �� 7. '1 a _ . J '� In , ICI ��,c4-: 5'�, •,� e o. A ' ®:a 8. I` /�" I Ti`-.ve e- A &l Ai. ?. `r 9i' -7- -ram.5-- I K4 ~ v 5/-....4 1 � -0. z / ::-, -i ' ^ a >- -- 7WHISIMPTEarat Li S Z 4 12. A4ifrara all.P4W9-riT- ,_ � � 1 e 5 r ' d 13. --od -- ��.. tit r , e1 L +P,c d _.'. r li—J--) ire 14. /am 2 i — 15. �` — y6, +� Pa MRfi4- ,s��I5F7 zito cvit-i?f 7 �- r. ____1 7. fit.. p ;zap 1c. 1 � —/*7 *1 - 19. -R3,4at' . 77- S4) Ag./ ..:„, 625- ,'';Dar- /Eiryaqii._ rpi• , ,zJ WA- I-Z 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 unles ?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 y SEGMENT: 6 67 SECTION NO: 140 SEGMENT: 24 SECTION NO: SIGS/SEC: 15 FROM: 1 ( 2,442 ) SIGS/SEC: 3 FROM: 1 ( 5,8975 NOV �' 200 TO: 15 ( 2,456) 675 140 TO: 3 ( 5' sss) 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. • A4 __ is ria,ma..va:`►`.i_ :! sti► -�. w.� 4 G L 2. /' It Wei �� n 1 Gov S�%` - •S S 7/�� _7 &AVM ''-- .-- l''..` % .b) /Z-= •4 Ck(-614 Po 5-&,) cl---•90 (7 5 7/ �a 5. — ,,. . - I -- 6. � iiii 6 S �U/ 7. Gj, C` 205 S-1N- KI- PL- I —10 tZP -6 ki, 1Nfr 9 6$i' VI e =7 7 _jJ 10. L t-/�J ./�' ii lri, �cG S w/ �lso� k0 cf'' �ri►�^ 10 iitsgeW " I 1 ✓ "p.6404 � v 13. % C(.rrns _ 10 h nS a( WA- v SS' 7hyd • 14.E ,N' k.. S V C 6`5 c •U.� j R��,t ll �7S C 7__/ 0 5 15. 4"lan/�'Jt- 5/0 $d_ P. C/N3 e 3 `205 /RPAnVoni it U. 16. 6- Oit-c--Ti (A/0 -0 , z-io STit=060 frOt gt) cCd-a 4,1117B`7/ 17. WIC& G.- v► l t O a.Q.naS Aug _cLj S. t� c,.� `�(� 18. .er.dti ar v ire r h ��j© ret/-rn la .�®� ,f / ��'�tZ�1-• 2�� p s�w�m S ` v S �� S 19. urn fps. )o �vol., ' s\-✓ S 3� ,1 QS IVarApPripir 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. 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. CITY OF RENTON CITY OF RENTON @; FIREWORKS CONTROLSECTION ORDINNO:AP ID: 141M®Yl 0 2005 SEGMENT: 6 ( 2457 ) SIGS/SEC: 15 FROM: RECEIVED TO: 15 ( 2,,471) WARNING CITY CLERK'S OFFICE 141 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. ® 7 ,!1 f Ccl()/V('r7 I-( 6. .lr c,, //C 3 �a 7 S��c 4. n,vt .p o 7.a's 4—at AW"AlY C�rO U O7 5E rc. St r fiq`-- 8. ` T Yell 2 Per3 - 9. 14 ZAss Gill 0�?315 s'f � '�`a9 5.41 -oS 1 I. - Ti WatU(SS 3o5 SE 319-ID S-1- (zeX11Un OSCa 12. '� e(A 5.Akk 3 Lc u i r\-to�. Pc sr tc.E n(Wt 1-y)02,y l 1C(?r. 1 ,i-coekek 6760,6L/'/bet, te6-7v/) 035S63/4 S i✓ iJ,WA 905‘ 9/i5 oS` s ciiyv Ho Hitn. St ad- ZZ I' 1 d fm-velebvp 15. 041i diarl' 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes,forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 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 28 CITY OF RENTON FIREWORKS CONTROE OONINor ID 771 CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28. SEGMENT: 26 ( 6,287 ) NOVSEGMENT: 6 SECTION NO: 142 SIC,SISEC: 5 FROM: 1 6,291) N d 0 1 2005 SIGS/SEC: 15 FROM: 1 ( 2,472 ) TO: 5 ( 142 TO: 15 ( 2,486) 771 •• -t1%1V11NG 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 Na e Address Date "Y\- 1/t5Lift-Q 'OM. I) N 56Yd. i (V05 2 /1,(1,14) e-t 0 l'igiflc 3. 111 - .g//CI f c7 l.S> II/7/ite ri..ee iLct-dAel4-LEti7adeik Mi[ite,17,5v 'tut 4-ole 11/ f :J� I V J �7��, / t/4 ,4 .Q •r 10. E -1/ et,/ _/ - dmc9 firrc- 4 7-/8-oj- 11. J. cia yen 57te a/i/•* d6 Al 11L A ye S +Pei 7- S 12 j C e%�� l�f�CI }r i�lLR f-`(-- 606 1 // /`u`E S- 11904 U -.a�-US 13. c i A U-N iirk ko (OM 3(3 itis b Dr Alt j 1=1 a c 16. Oftme5 /A-oex_ , t7,9 "cD L � atic 17. i �J�alL j�n� o� 18. _" Arne fl Jilt ) 1tf/1 Z5oq tvE cr /27 bs-- 19. n • 12 - Pat!) f 05 0: JUL 5:11\ 0(1.Mb11\C_Q !\VE- -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 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON • • FIREWORKS CONTROL ORDINAP ID: 28 ' SEGMENT: 26 SECTION NO: 770 SEGMENT: 6 SECTION NO: 143 SIGS/SEC: 5 FROM: 1 ( 6,282 ) NOV 0 1 2005 SIGS/SEC: 15 FROM: 1 ( 2,487 ) 770 TO: 5 ( 6,286) 1V 143 TO: 15 ( 2,501 ) 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 ® (L/1/1W1---- \ Date 1.41 _�llui(1 11141 tr41� ?l 34(A/cti'f /�C.�r. , (1/ C� �- —GtS— ' �I 0 2� r e(n MM(r-�,nIS Y21 Su of 01 p9tE ''��°° /. qr i2 .05 .To r- tU 8 A fZ.1e.of-- g Z i Sv h S T b 1-t/P +1 i)3 cj .12 .0 5 ' _-k-------L j•,./teve_k...3 V.62 WI EV) St-o--150-- Ei,Afic--,4-D-f 7-a-as-- 9, 1c 6. ' ( (a (91A, C2y/11 3k 00 _ q'-13—05 o a . 8. C k2 aris-hha Gva� l'/e 31U,3 pial (i />U 9//3 D s- 9. t/f- Gt No ('?)-(e( r t --?0,i pL Th? er- lo. --�OL- l A- I i 1_z� ME.-- 3 =h P/ /(; /o 5- 11. �• w /l/L�1i 6 . VIA-- s 1 �--i11Co-fnti • ;ram OE J /(2iO3- 12. t/ W l dwrl Ldan - iry i .�t,✓ce-li/ N ei1/,15' 13. 6�(1 l , - /7/2[ram 4 3f-P 4 ne: W • 9 / 1 ., 4,iita 7-ifd A%/9/:-7,7-0 /Fa Aier- i 7'/ / ......... 15. 411YI/�C�D KAt ��Mrroi-4D �( 46 5� q7/�/03" 16. '6 4.. 'nz_e�(Ege.lt/A) / °0- /1/ - l*"1 t y) 9//3 - US�. 1 �• � .: �'— iil�tc`IIFP� > f i` 1, r, it ice/ J/ �l � 1 --ram 2 G, If 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON • FIREWORKS CONTROL ORDINM ID: 28 FIREWORKS CONTROL ORDINM ID: 28 SEGMENT: 25 SECTION NO: 720 N T V 0 1 2005 SEGMENT: 6 SECTION NO: 144 SIGS/SEC: 4 FROM: 1 ( 6,055 ) SIGS/SEC: 15 FROM: 1 ( 2,502RECEIVED ) 144 TO: 15 ( 2,516) 720 TO: 4 ( 6,058) 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 Rentori::to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Faitthl,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. - b 1 ijE L. I /U (-11 10 IL� h9--, /recr ._7 /Z L/0 3- e 6 2. 4 I'l l , sT�ia! co l Cori� zc _ .99�5! 4 O$ 4. if (� �f i{ '® ( Oclkelluilificuvk tcs111 omt eS 1 055- yq-05 5. i 4 4 ; ', ' _ -W r)J/iu l-c o , t 5v le 15. 955 `l-q - S 6. _ , r` �l,�r, L �aS6 36-3f5 LkYu�A.Bt,,r�; , 905.9 "9-9-05 11 1 . L � 7 I• , i ' .� �`//{ rc2X..i�kr, 606 SI ike_tive,< 7-C/-O • 'row; i..l!r l o. tile �j�c '�la 1 ,11��, g e.N. �''Q � 7 -05' r 12. .�d. C ��{ d/du �4 5 /�li��i ui f✓� G 17 �1`L'�S1` . J /8651 7-9-Os 13. v a� mac.. 310/ /�� p--: 78Df7� 7/o /0) 14. '/ice � Y l-n+.✓ f--AP ffseLA 7 - Gj 6770 J9-5- - ----1-5-.--/Xie- --PLLISS-C ...-6,,t,---, __,6_&-_,.1.,e_____ 5705.. 16. 1r . . -, L ` •17`7( - its" --•---. `7 3)3 .�- (--G�-`lam - e" �-- 17. •` g Na) W �-(P '7 -- : ',ems - - --, /-7 -� d='. s-�_ "'tre9 5_V 7/IA 19. �f .i .-r I 1 , 4,e - i /r(!ii�/}f.. /FJS 9..-U-s� 79 L'/. 20. ®.nA. n ``�� 1N, d13 i fhlc 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. 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. 28 CITY OF RENTON CITY OF RENTON CITY OF RENTON ORDINAP ID' 769 FIREWORKS CONTROL FIREWORKS CONTROL ORDINAI, ID: 28 SECTION NO: SEGMENT: 6 SECTION NO: 145 SEGMENT: 26 FROM: ( 6,277 NOV 0 1 2005 SIGS/SEC: 15 FROM: 1 ( 2,517 ) SIGSISEC'. 5 TO: 5 ( 6,281 145 TO: 15 ( 2,531-) 769 - CITY CLERK'S RECEIVED 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. , i lC/lMina�1/ 3�31y, l�lf�l 9— • 7'-6` 2. . el I322 tQ, 3. ( mil, 1 S , vt 6 `iSds(0 e z `� 6. ' (U ev'lc\t(-Jan I,(1_ a005 Ilo (t,;cw A-UE/t!f 9s'os 7- -OS (7\.1 '' `t �ti� -Y: ��_ .��_ ' __ t � `lam®L? �-� C 9. ' ►_� '� s ,tb/ld� / � .412- i 1 Cl4 A c•-:,F1 - 72.'4 10. C;r•.-,,n,�. , �e P(Qa�e C LAB- ! /q /N q so 11. q 5)— %? , 7/7/- 3�. 13 � yr-� X1 - l- 14. ;gt->- 'as8 eTh 15. R O () 1�n � 16. roa iC_. Gt� cJ /!1 SS T�'UL �� Q 1 -ek, r { s 1/�D!t be.v �� s l--7 o5 7007 20. ,,�. �1c�,�1 o C �1 Owen eo gbh' '7l1 P4c„ y 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 CITY OF RENTON ., FIREWORKS CONTROL ORDINAP ID: 28 : FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 6 SECTION NO: 146 SEGMENT: 23 SECTION NO:, 606 NOV 0 00C SIGS/SEC: 15 FROM: 1' ( 2,532 ) SIGS/SEC: 2 FROM: 1 ( 5,721 ) 146 TO: 15 ( 2;546) , 606 TO: 2 ( 5,722)' 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- ) - �G1\,- . (,Ji ( a0 t TAU elk he, s 7��1.5- _ , .,,,,,,,, 1-kw2-tc-kc_ ziliph 1•1 ,-Z-2,-''-'19 k q5(15-9 '- 5V6 5-- ..` t %` r e/ , 4i,e 4. -L/ VII S `S 4-vt S`l` • -7 fri 5. it $' � ��I T P. �K1IJ 24ot s s14,4s DL'O4 P 7�6s-5- -7 �i/0S 6. - . ; ' a✓ L. T.- frgiv 194c U. 47,6 //.A ?PSC 7,7�i. 8. -,PG, e( Cfv'- S r 1P-a.( sow 7 /fro lii -( oT6-- 9t .' ortrgd 6_ Mel cy' f - A(I- S nS'J VF/O� I Q,. �/ -) V� Y CVq : d y!I4e`Ie la 'MebO . a�h L,� lcxt .(U a v . ►iien i-sb i,h/ s _ / v� 0 11. (iioo� l _ _r w A-R,,cso 6945-W1 !"1is '2 5 °)9 13. Y p�U l WAWA L f&1 a1 eX' 7 G3 Dayton Ak'c �If✓ 9°Teo7/ 4 03QT I lici: . 15 71 Pl ,� _ i--1 L' J& C.tousc- r . yJ 7/v IUrctIlc II S;1. 7 " -d yt.w� "' ---"' r''",-.'"ail''21- 12:-'''''s 1 5-17 ;5— 5 t:?re---,,-- __ 1 19. J )1e55si guropi, D vuP. r, ci-7/ -,1 vc.)5 Rc i-S _65 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. A CITY OF RENTON CITY OF RENTON Y OF RENTON _ FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORONINO:P ID: 605 SEGMENT: 6 SECTION NO: 147 SEGMENT: 23 FROM: 1 ( 5,719 )1 U •0 1 2005 SIGS/SEC: 15 FROM: 1 ( 2,547 ) SIGS/SEC: 2 TO: 2 ( 5,720) 147 TO: 15 ( 2,561 ) 605 - — - RECEIVE!) 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 I.C,D6r1 lo,Lhau-- Colon I I Colon o r a3co ,S6 t h /4-0a N�SP O1-o6- ,D05-- o v v 3. cp is Lac-ri<—ic ,iciutrc1 077 SRf clu S1 S1✓Gi-4-: 716/0v s. `r J ANtai Iv\ tv\)2, to-3 5c,› (sic v� . coobi Vo_r • 6.?iLx DWG- 1 C ctAvc w (o SC alit- . 5LO 8 s 7 5 `, Gdyp* 13a5-c 32-32- 33 NC , (Z5{ uS-(, 7-6, •05 8. ' / l%1 N � I-�y 1 I 5_ L�� el ../ 4CY f�� Y `� 71/' yj l f V /�/F//O `i f/5 1 i . . l ct-wkiivu-i CaA WIAW.(__ -2) -L:ci /48 -2,441^Lk_AcA-1,0___/_-__-7-zo 0.0 10 , --(Y_. _ C400d riAc2 .' O3 .SE "1-€ Ck f7ISc' 7-7 I1. ` '1 aI ' 5- (7((5--- 12. ) 0D1`C4Ls WGL11 OLI 61 `) eav15 , BI1/9. Tel.tiSe:C 2`.")"U1--' I ca knn`t'•-°+1.6�21- vol. 5 W Su ifS P 481 #1O 9 ?SOS-5-. 7--7-65- 15G', Br6viticrn W.'[Iecke, 1(5 l *(\N1cfn /kuE tie-. ` -5 -1-1 - o5 ?` s 16. ` �M.`1M au ryL1.ki bi, v�,i.L\,S v c l �'�S . ,,.�-� R.,,. 0 , wt,,ci8o rs 18. -. --_ .JAr -Zi14 • Zz i fi,).,/ard6, � 4 Fs_ re ? s — 8. 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 P ID: 26 FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINA SEGMENT: 6 SECTION NO: 148 SEGMENT: 26 SECTION NO: 2,562 ) 768 NOV 01 2005 SIGSISEC: 15 FROM: 1 ( SIGS/SEC: 5 FROM: 1 TO: 15 ( 2,576) ( 6,272 ) 768 TO: s ( 6,276) RECEIVED 1as 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 72'OD / /� A ni ki0/4 7ffie#L 2. Tf � l`acf'�! ryy t,e-i (ram St l• Ae co le S /21 7-. ,'c L; 414. -1 .7 Z-o( $E (Ile-TIC LW K\4wyl1'-ei'd .4IIr Pity 11. : , P6wLe 2 Z , /L 7PP re ;2,-ft 7 l,N T d-o f‘ 7 12 I,la '11 • &vlataALQWEedite) 6l[ `)11 ca LA-,o}'11i11,C_96 I o 1( /3 13. e2.e ..?� i�c_Q Q � �iE'�l�i e3 ( �`1-1 -€.�L �c'S". �twee�tl 190 • f (?Ji cl`u•/s/c 14. i / • W C Y't tJ-s-r`1 S+ �c_ � z j.,1? �-7f`' Pi 7�3/o Se00.5 ( 15 (o--1) ,a77 u‘-e_ FOE "7 16. ,, . jMF. ,. ' —,. . . a Pc• t06 ,: 1 d'E .$)765 17. /�r/i ��✓S 2 G/-•2/i1-6peea l?` F 18. /20 y c l�� -�- L �!' /L /(O &o' ' e.►nS e,,. LA- 05`€. - bs 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 NO V 01 2005 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 26 SECTION NO: 767 SEGMENT: 6 SECTION NO: 149 SIGS/SEC: 5 FROM: 1 ( 6,267 ) RECEIVED SIGS/SEC: 15 FROM: 1 ( 2,577 ) 767 TO: 5 ( 6,271 ) CITY CLERK'S OFFICE 149 TO: 15 ( 2,591) -- 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 / 7`rR cfi4 /v /cL,,W /ai/. Uti/c.,,v .96,cr ivy v f.,7 7- . ,-05- -. 2( �- n e AC(ii eron �-�"53 0 -sE o7n P �,� 7 y-05-- 3. /- p; 3c G c�`�, �`z(o N Z`3p c�4- 9�sos`4i ) -Lc-DS— • 4-- _ --c� --� —�_ >�k 6. ,,II , 4 et�. /1 frb 1 6/ (-1C.v 2_6(4 Ei,,, clj a"� Jel�� l f6 5 ;6- -7 �/ • ---. i i , , #4/ 4 i 2 / L3 '� 7 9- '- ' c r-,/�' �'S'_:. =-1, , ' 011 5411.0-,k J Vgz1'4/f-/D,C — gfoSS 7/%/a _ 10 ../-t-,.J /e. 17 L/16 4414 4' /..21� AXE/0 7J� 7/ a-1 11 ' ' ../ A. It ✓1 a do r rir ) -f / :F r 1 .-------1 �v- �.ar v ; �-;A rit'It :' , / 1 . J(7.i." - ,/,‘(.4,q OepaciyXLm 7__;"6 0 1 V E ePcf ? (' ''6 c)//it/0 5- 1v •,, , ,AN1�q ` - 3q0c1. 6J )6 _ Q� 7! L/IO S 0...:7. : li ,, . 1:?1' .r re-Tr \IC.S-L -Eckivvm,k1 iiski-.651c) -11t-1-( t 19. 6? 0 tel.,, 1 / / - EQFRi F -TACO 1E) l69 3 rll ELD PL, AI,E, q 8D Sm`( 7frdo 20. ,CQ •Jce-fic. 6c 7 zc a / e3a Ewa co !C 9�0 7/4/2 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. • CITY OF RENTON CITY OF RENTON CI TY OF RENTON FIREWORKS CONTROL O FIREWORKS CONTROL ORDINAP RDINAP ID:ID: 28 28 SEGMENT: 6 SECTION NO: 150 SEGMENT: 25 SECTION NO: 719 NOV 0 1 2005 SIGS/SEC: 15 FROM: 1 ( 2,592 ) SIGS/SEC: 4 FROM: 1 ( 6,051 ) TO: 15 ( 2,606.) 719 TO: 4 ( 6,054) RECEIVED 150 - - - - - 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 `- • 1. ,,2.}. i �j� 4, �� es r/e -J��-4 i°sf /k, s 4S , f, 1----- -- ' — 1 /7,7_so/ 5.1: l (,b2- && t S' & k \lei( .0) R e 1"I t v7 •, '0k . -i lout WA 91 5°=7 !-i t"(;) If Iti. / __ , V i ),) 7. fZ' c 01 inc 00 (k l o L ems, 1'�i��4 i,�v�'7 7/f//� D . tr-e,S(4,_ a -R• 4::.(cf (.14 Lk.i(A/e__„.: korcl Kik_i 4/ 9._iii7 ,�%�-t�l r.k�>i,.r�tr. C�,; f�` .S��sF f vl%�ti/� ?ge ‘•u' (�/g ��i�rS' Z-3i--�_., 10.�/ , :L' l �iLs' i t}el(5 Ave._ (CI _,w 7 ?-1, '''.5 11.E .2- ).< ,_/i ,�ei/�`1 i 1.' 1 a%Q /N Coy' 1, 8, n'1 2/'., ~ / , 13. . C:t �s .�� l.Z,t � Ca ; ,,4 'h. l^� e r- f0=3 - 9�- • f ) 71,/A�'�- 1 . �'"`- ' ..1,4,e-'_: 4 1`/-Tf 17", ¢45,1. Air,,d (-Il,,I a 7/34J ) _ ��ffi 15. Lr - — • 5 16. L.)11LAAJ------,7---- )i,.. ti;IAIN t(' 6/J 01-0--Thh- IL/ "---- I) , )1, . I - 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 SEGMENT: 6 SECTION NO: 151 NOV 0 1 2005 SIGS/SEC: 15 FROM: 1 ( 2,607 ) 151 TO: 15 ( 2,621 ) 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. Si n ire i P ii ted Name Address nn II Date ;'by 1. OGSO IV NI3-7 ft • � 2. LOaditeUrN, W4//t affelaX,g.0 -1M I 3. q /..2O3 f i,6rct: rk-vCam. eetura d cdo 27 0 4.R ` b \- 1 L k�E can MSG giTh,f 5. wndti6M4d d `1467i /a '1?27%erdeLn / erfog v65'6, E- $ 6. ( ?)1 nS C(CCeial W IV—A40 qVYSID 7. -A)Ul. .1 LG(,t(. Lis& 3 GLc Ct 6,c if) `Z S LA. .,. 8. dfz,,geAc94'1 gHTJ.ve(5 ?15 o13e r vee r) e•We d o 1. 71654 /7 9. OlVe(S u W ct4 r 2bz- f s I�deeM ►J` 3 o 10. � �� y � 3 � �� s 71�.�o5to c 16t_E LI 907 ri1 ,, to ti ` �1�r-v 1 �z 0Z 01 7 L 7 q '/'; e 13. �, -� Ju:i(t. 4er-I-5af) 519 ?1?)\ s,i ( kl %Ms.% -, 14 i �. �oNstG��Lg6/"%1 4) / n\ Wk fie, )( 15. J �L l V e l i �aI ZG 2�2� C-a hra s v e \v aS ( /z7/ 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes,forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. • 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 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. CITY OF RENTON • CITY OF RENTON CITY OF RENTON v FIREWORKS CONTROL ORDINAI, ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 6 SECTION.NO: 152 SEGMENT: 23 SECTION NO: 604 NOV 0 1 2005 SIGS/SEC: 15 FROM: 1 ( 2,622 ) SIGS/SEC: 2 FROM: 1 ( 5,717 ) 152 TO: 15 ( 2,636) 604 TO: 2 ( 5,718) CITY RECEIVED 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 �•e Printed Name Address - Date �,/ / . "rl�0 (1411A-u7:-&9eLfa-Al 04 23gN ✓4 i�7Lr.2. / ' it, c./ -ye,r� �� sr.�^.c> I' Z 1 � l/�• �oU:� /(a�r— 3-04 r Lc/AA, i Rob- 04 e_ l. • ./ _ ,,,Vi- 4 1 y #-Il e /A) S'--7/4-70,5- 4. // /—= L J , t ' l..., _ .tI _ Al.,/ , \ ��5 ) 6. c,2.tt�4 .f'iA "A-v.5 �j e _ ,. �— -- S //?A 7. �� _ a "C-- \�:,,:- 4..ter ��_ 30" iS1a-�;FN . ( ( V(-?t, „,,frer VgAik; , 4 A 2Ato t:K. Zsov --g-ar•-• 'N' a, s‘, 1-1-2. li-710(.: 9. ithA...iii L , :or ✓lb. 'i ? 7/ .V."-- S'4iV LZ73- Sox_, • 5. 20V E(t7k �I g' //fit — iil i E . A e.5DN 2ai ._C5c°036 di.S' L.-Rog .�'I 740 or 11. - .� t _ -- ' 4"I S v ��L 'z. ,r1 1 : .. _ 0 ` r ( 65 13.c_— tj- �'" '-� 4 ,. ' ►, !1 ' i'ijd -- `7. g C e,✓. 14:-:_: ..r:.- 7�r,dk t'II.Trit t1 !�, f SR7cc:, dam;.` �.Cf�IYt�� 1 1 16. f r .4. rINOWNLIffear le �' I le )-•7.2 s.e,' � A 9- 1 g� 17. �1�'�:Tn11L�J!'�l Il.. 5t,,nu►, P I br.�- z-z7-3 - 'tA. �'� 1giod 18. ILA. r qp, Ai t� _ /t r • 1 / 4 1 9. A . 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 CONTROE OoNINOt ID: 76 SEGMENT: 6 SECTION NO: 153 SEGMENT: 26 6,262 ) SIGS/SEC: 15 FROM: 1 ( 2,637 ) ! SIGS/SEC: 5 FROM: 1 ( ®� ® `� �6d�� T0: 5 ( 6,266) 153 TO: 15 ( 2,651 ) 766 _ .__. - 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. 72Z Signatur Printed Name Address Date 4f 12-e-4-1.4i `�I & iL 2. A--a--r7ree;fde -----4-Vbwi-s-Htr)-+Vr--- (.r, 3. il T t/ • ,_14--dife, PA)" f)vlTbb livl iS 1p Aff ±,5--t-ree-f-P,411242/ 4, . ` ` 0 a W' G5 I :Ma, � rz � oil fii �ion %a0.: - 'ff '7, if,. ._.: 1" 6&rk _pe.,t_se_frlo g 1 rt(2- --11.1',AL PoPrion1700-4 7. W z r' WAYr e�4i-k .3a1 i9AfJ W4 1-F � 8. 4 v'I-- VI-C-1I Q. A 17_I ) -FL e nl so u 9. � � `— "%_ ((�Ci )30-c> -3cC ` Sic'5' . Wiri.t, ln. �'Q. ti (I -` 1 i r e _. ,�i t r ` r 12. , / /_� <��'�E'- ��76 3e7S-CI :aiQ.�s-d€_ .S'c ' /F6 3•IK(;•iixi 13. e/ 04 -- " � /' ./1 1�' ~ ;/° , ��— r"d�?i) WA 1c� L 6 )r /o 1'ie . 7l 74�/ 16. ` rcl, Pe.x. tk VA 66` Z a,& )5 ly )A-11% �,�.t6a a��3-',6 . , 18. . A( �' ' ( C0 mr4P-6,6tgill k-e i L Sd( 11s6 tfi1 cc5--41(x11.°� Qi.A,:6& 78,o,5r 7/3/vs` 20. - V VkLitt a -1 SI fj E ( fi SI ' Ufit'l 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 CITY OF RENTON 28 FIREWORKS CONTROL ORDINM ID: 28 FIREWORKS CONTRSE T ONINO: ID: 718 NOV V 0 ' 20 SEGMENT: 6 SECTION NO: 154 SEGMENT: 25 ( 6,047 ) E . 4 FROM: 1 SIGS/SEC: 15 FROM: 1 ( 2,652 ) SIGS/SEC: O. 4 ( 6,050) RECEIVED 154 TO: 15 ( 2,666) 718 - 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. 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G L.�� 1 Ld �crt.P't:„ 6`�� (� G/it LP G'6-4vr�i a" 18. a.., Aik.a aa.krl A�c9LA_ • 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 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: I SEGMENT: 26 SECTION NO: 765 SEGMENT: 6 SECTION NO: 155 SIGS/SEC: 5 FROM: 1 ( 6,257 ) N O V a 1 2005 SIGS/SEC. 15 FROM: 1 ( 2,667 ) 765 TO: 5 ( 6,261 ) 155 TO: 15 ( 2,681) - vvi isiviivU - RECEIVED i 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. Signatt. -e Printed Name Address Date 1 ,- �-- 7I&boP c - °7 _ 7-3-o32. r _ A FELL,A.i 7 to s J 51-4" c--161 'oL44— 3.: ► ' r �� w.C \ tQ 0 0 sv Ss Cam.Is cab '1 -3 `® t iL(P ` --. l,m? nrs 4/ on � )IS ez si — ' • 6 s : o ck .A ♦� 1• -I- i• �2.1. -imcn,, ' , - s V 6 l ` - r(/° '�( 6 t i- �.� "4`-/' 7. CClem. kr0,40 6 ,,, &d 3 N t —8. ";!."r' r, ' P - 1 1 -- 1 e=i i1/4- T� `r ( n J-4- • � i -10 . - - ' - It 1 .‘<v NA 4-1- 'AAS t 00I41 ..1.ca.aL.91( , OS- lin 04 elnire/ .2C4,1 S ', i -54- Q-A._ a Cfi--10 " :._.--g 11. �' ... zt ' r' s% hirl S ,2 o ri F q 6,, • I - ' I-ri ti iiMpriallin , i . -- - ,_-- 13. y r ---'7'g ,ii,�./ I/ I- rVL B'L'®brit 4 C 6 /V E W L c511.. Pe /L1��F f t` / r <, i . , . 14 - " ,/i,- A� _ ;i.7- — -1. .V, 1 ' ''c t -A. - , r�)A,.,'" 7 6' I OA17. / -4,247 7) lEc t/e7? s 6/Z - i✓&-' / Vie-clv9✓✓, - / k-L- i f r... .-4 — )Zb l Vs)5_ 92 (-.1' J I 11„4›,--2,k;) --,,\ 1 8. j Nk., -\-)d-c_.\.s.-.. .:.1 . \dr\ c4 0 Le.-41 ''' at HIAH tdt#6-4-6-S-U-S-5-6-4 , 20. �' 3tL4 .i, Ad f J ��t1'� 51 �fy� ØX7,, 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 •CONTROL ORDINAP ID: 156 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 6 SECTION N0: ' SEGMENT: 26 SECTION NO: 764 SIGSISEC: 15 FROIN: 1 ( 2,682 ) a'0 V U 1 2005 TO 15 ( 2,696) �tl SIGS/SEC: 5 FROM: 1 ( 6,252 ) I 156 764 TO: 5 ( 6,256) 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 Fourthiof 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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(61/ v/ 1 )W 16(4/1 C 7( ?2,, 4:4901°) 20 1 I' g ..., ACc);\Acnii,0 AA-%°00(to . `)_-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. 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. 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 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 REIN' ' FIREWORKS CONTROL ORDINAI, ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 Ir. : SEGMENT: 7 SECTION NO: 157 SEGMENT: 27 SECTION NO: 817 NOV 01 2005 SIGS/SEC: 14 FROM: 1 ( 2,697 ) SIGS/SEC: 6 FROM: 1 ( 6,559 ) TO: 14 TO. 6 157 ( 2,710) 817 ( 6,564) 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. 1 • Signature Printed Name Address Date 2. cf .iea , l i/ i` �i116117 r .Z L/ , • 3.± ._ ..a/ 1_JZ& n I 5 x r/112 9, 50'Q.f®ypry) i A ✓C' !�E o 3 ��Z_l ci OA r) 1,-,) I4-1 1 C 7 67 ✓1131-JJ 4111E SC} 1044041)P— 5. ` WW05' Ak%C 1T ►4 5 S. ►90CET RE: 1-0/0 wA 99ds . 6. q %T�,0A �04Aa 0,14 iti i tQe (il 5S 5, 4 btu_ T-36 / R f n G -ems d� 7. ✓;ir z �i �Jrt 0 ' O U J Ro s- ,_ems 4 vc�_ -a 8. 4: �!Yc,e P I --( 7- Si 8r20,-.50.,� G.Ay ,me. 9161-6 ' f o 9. ^�- P�a�i a 4hdPrg phZ`�d2 f 115 f f 5 y�j2c • ft23,'d, ----1046--)7 Awl- ; --- -- ---Z-_-. -- _ - . 11,%iz.„-z....-ff-z.---, Aii•v": --5714/*4- eNelL-1') '--\\ i 3,),-,\ i IIWK.TC 13. _zr �G� a- ` __WA ,C72Et-4-- /0-163- �'.IrWAIIN� 1I1r cif/.Ian'�li1411iCiC /Killtit hrf. iiiiik+ I • i7ra :�,u-' _:Ti,_,,. 0 15. -'I 7, '4 0 r A9 id (�-7 x' 02 oC 3 iv L 6,,r.4 /R� 9-)4- c 3--- 16. 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J � J , 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 parson, 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 ROW. 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 pLirpbses 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 ahy 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 tinder 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 A FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORONINO:P ID. 76238 • NOV 0 1 2005 SEGMENT: 7 SECTION NO: 158 SEGMENT: 26 FROM: 1 ( 2,711 ) SIGS/SEC: 5 FROM: 1 ( 6,247 ) SIGS/SEC: 14 TO: 5 ( 6,251) RECEIVED TO: 14 ( 2,724) 763 CITY CLERK'S OFFICE 158 - 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. cw5e ,. ✓47.F1 40dt ei 0-erliNA DONI\N/2-/- rrA„5/7- e-i-625- 3. ) . -�+Y K4w�A kv-4 rya,..) !L) $-+H ST , LV _ `% 3' e 9- • ,, � ,90 ag 240 WPM All& a 24d c ✓ �.rc / 12.` v Camp y� � r= - -- �/ v /tr D Ei1� i�/ 13. i . O mod ` 0 I 1J 1/ ' 4/6'6, 7'6 14. t 0 !/ P.J1( ikr-6 ,7 R9-6%-4 r 1-- 15. O-1 /'�y-/=-�c� �f �'i -P !� to- s `7- �= 16 1' W16 {1 ` • • � a l'.:'S 7 ' r do's ate _ ,. 17. ' 18. ` >s Y� L ex A • A p aLt\j (LK k vle?Q OE 19.'.,1 .4) /S (4 LQMOMAiWI.'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 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: 7 SECTION NO: 159 SEGMENT: 23 SECTION NO: 603 SIGS/SEC: 14 FROM: 1 ( 2,725 ) SIGS/SEC: 2 FROM: 1 ( 5,715 ) 0200 5 159 TO: 14 ( 2,738) TO: 2 ( 5,716) 603 - - 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 •e Printed Name Address Date / C�' 1. 2. d�ZU e rJ/f/YlE5G Kmox 1/m 7'AA 3f- 2'1 Xe.vi74U4'7 - Her_ lc- 6 i,►1s'L6 Z-z-i`�/�EoM 766(of 4.(_,r,4. 1-71 cc/c.4'Al f��IL 1 g S' •5 oa ModieaCX E /1/ e-/072. / 9:e0sZ �5. 1�� / ,ka( Li()d cainor5 h e.J( Z 5 13 v 1041 /2( /P em (-,- ? 2) ') l' 6 �r�: jT �4-A2 /%z101-7- 02-/ tio"" ' i-726?'1 D1A/il6- 49cr /l kkga1b %94 7. r Lp QJds1 8. 17 . /c:7, ►,✓�` �3/ _ ��,., 7/q • • 11./ c i %-t - ( ', 7# S 12. i • Poi'• 71 )I16 � < 1j 'tic 15. ' �- I��sf (-� �c:k3a �u� z� fi �i2 c ,04 9 s r "7/ {l61- 16- �`: .. , t f 1w • -Gi/t LL_c I4S 7 $hrIorJ Q 11, .� 1 A l/ 17. a ��__/ _.( .1%�._ .� _. , -..1 i°g . c vn 18. . 14 14 /;CHC-U►JG-?Chi—C116vJC1 23c0 504-e,,son /lve NL— keierten 1605'( -In Al.5 19. 20. (A^ �i 0- I 9 I 0 61v? ''6.4‘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 agreater degree than customarilyrecognized as normal bypersons in thepublic service of preventing, suppressing, or 9 g P 9� PP g� 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 C'hapter 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 ``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. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 " FIREWORKS CONTROL ORDINAP ID: 2s SEGMENT: 26 SECTION NO: 762 NOV 0 1 2005 SEGMENT: 7 SECTION NO: SIGS/SEC: 5 FROM: 1 ( 6,242 ) 160 SIGS/SEC: 14 FROM: 1 ( 2,739 ) 762 TO: 5 ( 6,246) RECEIVED 160 TO: 14 ( 2,752) 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\ vhich 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 *00. Date?0�.0 1.8-.Q L f Cz-R h? f=5O' fi1�206 • / R ?.aAil hia9,s 4 � 2. ' 4 C .6) 5-/ ,,--/e,.6- ,A / e;/-4 0.Pee,./e i- c?-6/4da3lia.5-A.v , mitt: *)S-674 IVA% ri&-9-.- ---k 0 q A4,/- ( re.. n gi A/IA hiv.4 A vv_iff R.,' i-,toil /0 - P 4. , , INN NaulAAJ i- '' LJI AP.' 91 46.11 was-6 5. 6. a E09,6/161}5tiSd/ ( I S cl0Vecue/4ae '5'/C),‘/ Y Sa s °� 7. . . Sri'H 42flJILfQ5 sO/ NE 7f1sa-� FA/AI N O. r IJ.' Ji - _ . :. I f �� !>•: '•r�u��i � ilf/ 7 '/L/IrA�rRill ..1�/� Il1 � E • ` /_ /9. L, ' ; /I 111 s�;rl_ _,_aii,�1.L ` h�".bt�-r�I - gui* zGco Am (c-(ett e.CTIVW1,4) WA eos-KGs:. -z5 -ups � 'Zs- 1 1. >r0)AQ (Qb 1' 'er 4Ve., - .ee�ab5 01 12. I O 'G� f 3- 6 11 I► & a1 au (o rug�L /'i4 �&�(o s 13. : J!:.%' V. l A '#I n t C." : Re �!Aiiii •g' go 10 14. }l 1 , PA : . 60 (it--�1 u 61)l,--- 1 i 90 at, ;o4( e JOE 44; .'WO S . JAL,.gk%i it1rAF d//l.y�7lb� iiiA ii tl=�� i[riiir :`: :—._ -�. w c, 16. wf�— / et c,l I.,-Ike sice IL(c t'`=' Srv�c(' IZ � � Fc 1� �7 i 5 ,. 18.0(,)J f/co) Cam.il f/a rrs /aoy iat g-t 14lrf- ,v6 0-4 CdA?505f�‹ qd 6 °5 19. A 4 N1f[1 Ssufede Z&n NE - f"I St" RI U',4 672 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 O FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKSCITYOFRENT CONNTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 27 SECTION NO: SEGMENT: 7 SECTION NO: 161 816 SIGS/SEC: 14 FROM: 1 ( 2,753 ) SIGS/SEC: 6 FROM: 1 ( 6,553 ) NOV 0 1 2005 TO: 14 ( 2,766) . 816 TO: 6 ( 6,558) RECE 161 CITY C ERKI SED 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 Y RESIDENCE ADDRESS IS CORRECTLY STATED. Signature ( Printed Name Address L,v>) ha , Date 1 a ) 5CS-tid / �7 / — -/ Z Jo 5— If �) 0'1�1s o 1�_ P� g Mme-hve N �& o� -0%1 2. ✓v 'il b 4. _L-k. �}.N s�si ?/' gk/1 7,d l- 05 5. M i 51�6 �Q QL 1:-. 7 7 )6c C 6:-- Oar Al& - b ( S 1 1-l/(-- , L a .,(c 113Z nrC S-1-/\ I . -Wag . - - -B-4-(----- � I� -; - _ ..-8 - - m __ r- -ram=- ��_ _ -. . — j =S . - 10C -"% "q,_Q I 2-I (, -----)�1-J1 - 1 1 9 0 - 1i ( o K.) 1/\ /-� 12Aj a 11. 0bb S �S \\ o U ckon \v L. %C . c\ �7-aBJ 12. !Z-�✓ � l e- t-e�-e(Ica_ Haver 562(, S E 2"`) C4- g-e n-1o,. �.�i � 3� 7 lay y, 14.t!(- Z /ia 1 Oc,Jr1I5 r7wcNS 1f!03 S�cr fltntl-ON �,4 `lSr°S°`5 .?(ot leers 'le '--"- - ---- -g--‘1- ---k.;V-4.4.--- -}1‘1--1 .-.65-=7gH'1401,41--9 - ti 1- - - v_____ �y t0,4/ .4 , i(6.7.101v2K 5--L 2 pL. _ '-ge-yf)-To;v ki ;so 5; 7.--Q,--os- 16. 17. T ,P1610. 7. // �' 1"v, (Pt- AO/MN 1 Ito- ti G' `' 7A0s -, - ,. L f - ./ !l-c( =. rl- V :(41-�' -1=5- _ -� -6 r/ �/ c� 20. r� -,Aril JJ1 1igi f -7 ti2M ii//./-fie ,,r-.PA�k .t/ /fl�,� v 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: 7 SECTION NO: 162 SEGMENT: 23 SECTION NO: 602 NOV 0 1 2005 SIGS/SEC: 14 FROM: 1 ( 2,767 ) SIGS/SEC: 2 FROM: 1 ( 5,713 ) 162 TO: 14 ( 2,780) 602 TO: 2 ( 5,714) 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 PETITTION 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 35.1 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. Si iature Printed Name Address Date i' / j 7— . ..?ci ' tsjq C/ ) i 4 -- TT OE l A � .c‘ 'c,iJil j�y/36 ). �� 5. a6( 5, 6. .4 . .> p' '� 2 �%' /f 5 j,9 Js 5--_ �- . V// 7. .✓v / / Y PG+.( /Y�L/tvrl (1'' t c•,G -A ve s, �`r�0 `� S/Z/ 8. ' r;9 .� t�f..e) g ( 7d&r,/LM j O. / 74 qr cH- 41 s 42 Fo uds-5- z-E� 9 .;�/'(�' -C -0 •�,...- ,�c�c/16 if nzl�t- 6I8 ioyd A'd //E 9fgSS .f-,��' i o. ''� . . pn a-`5 ::.-)I To I I +erl 5 Y—9-65— 1 L)TI E I I-aeik 1116 G Los S. jq h ST -9'C5' d' / E �� - 1-.4; 1 .L�Q�I 1-'CS�-. , - L 13. X.,/ Ott IP/-`-S.' k ji ist4-/d/Z-21 ' 6-e47/AiL,4)L (,',';' '-e) g/r/5.5'-c/-9—a5 14. IDI ��u� NQV\c.t, cto,S \`�Z ��e�-C-e '"� '7��s `1--5 -I PZ� &( j_ it 0114 ,7 SL - p (-05 S\10;; 16.(_SGk,67). y K . 0,..> Co `-,-� \C�,L V�.-z- -Q, `�l.Z �1n�V�% •1 - A- ' i �i f. . �� {{��7 �- 1 i, y'i ' r,' (ttiLlkG((G OR !ph 91 �-- _ k at k 'f U • ikAR9� `l' . I � , / 7 r- a� 4 oalvi_6.6- 8'T6 c- 20. d /_71?' , e�ac:194g4 `7_e CS A I 7 #4-reiz./A)&7c'i �/ A• , /&/ 3s �10__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 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 7 SECTION NO: 163 SEGMENT: 27 SECTION NO: 815 NOV 0 1 2005 SIGS/SEC: 14 FROM: 1 ( 2,781 ) SIGS/SEC: 6 FROM: 1 ( 6,547 ) 163 TO: 14 ( 2,794) 815 TO: 6 ( 6,552) 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 i 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 andresponsibly 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- t 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.tat^ . q 1 r Y.Li K1 Ce 4 3 s' . 3cd(s-r Awl gels-7 �J /' Cxz,�>/Il�- vr�� ✓�r7�e4✓cA/d �-s17'a&�1 2. v eP sA Spa I I/3. S- � -- � � - .2.r(. _t_e4evakt_. _i_zq_.3.6. --__ - — 6. {, `91 '4_-__✓4 '�i✓A,4 g -P 3g'54' .. 5? a f� w? as sa �'/.. IV Mt 114.-°-&-Pilft " '' ' '7,,,,j2ke 8. fr / CC J e'7. . 0, •, (1420., ) L.,. y , I .' —I t � ' 9. �-- - er 1 c. r c � •r J 10. r \Wet 1�:0+e EtPfly r,1 . 44 G A ..0 r. — i 1 Q. O't �l 12. • .er ail 1 #63gr �?o02 A Jgu) 13 v -Ki, - (tP��L— .06 - Gc � �15 il //IS' (3U ) 194 51 a Jr• ,c n fr, ditto- 04 t > 4``�� . cad,- S o n d$e. "Bo6-_,-tom-'- E's N(� -ZP ' 1�fi t` 16. 6::, /0 17� , ,:,a <� -ems' (Qrc-),1c�. 14 Ptc_� �1ea 1c11 S/- } -,. ftCi' ' Ct r . _ ', � d O 7s 19. �*�, I'1� c tril%s f ,/iil2 _2 fl r7 4". 1 f/(1�. `�`" '� .77) & ,0 20. �A� lei l i4- (Y �J LA 251 1 V�.S1 KJe aE' A.-t-i S 4/ os 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 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 CITY OF RENTOf\l CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: NOV1 i SEGMENT: 7 SECTION NO: 164 27 SECTION NO: 814 N O 0 2005 SIGS/SEC: 14 FROM: 1 ( 2,795 ) SIGS/SEC: 6 FROM: 1 ( 6,541 ) 164 TO: 14 ( 2,808) 814 TO: 6 RECEIVED ( 6,546) CITY CLERK'S OFFICE gym. .- — EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Sign ture Printed Name Address Date 1. -Jk? fill&LT/OD ke i ld 71 2� gs . 2. Sum Ab 3. �o �O� 1U1>� . On,S ��=S\ ?0 A }O ln�. c s 77ALva 5. `� AsTh'i o 50 s �I vd`Ale ,4 z �/Z /o 6. 3'WYc1 ,USAnY Aver / 41d ( lc' S rZ - o `J(2_4 LDS 7. ('� / Coll (.ti�MVS �V�NG ' 47----4"4"4, . ,. , _ -----IjFT9"'Ibj46'-;-4-----4-6--2-----e--C--g- -----9,e-P4&+- 9. .. k `—2. 5 n--1` -A T12,A-ev\ °t j 1--Uf-(r -7(2 uos ..vcr/r , Starrec,, l o. /,:.e,} , ' c4 , , 8lo g� a&�.. G Cl/G- `T f'c-�� 7/2g/aX / cfs: b7 11. / t /,, l n.1e .2) , ek�4 G�l J�`b.s-6 Z- a � K,r�yi.0001 I �I S� 12. /) Vai74J___Iv / - 0_ pf �D -fiy,-/) C �d,�� o�� V .' o 7 ��5 13. •%%r "-►; ✓1 h- I' '_ A C 6 ' ✓O(a-�, A e--NE k w�` o 4-76 ' /WASSIIrgirlalallir ,,,,,il -A-7 ( -ervLy , CB( `Yp �i !:E ►.ate - - 1 � _. . /�� .r \/ i' h _ 1.i r ( - _! 1 _i_.rrfi it '.I►e •� 4 dl.. r _ ..: QI/� _ ' A te,,.' dI,y.r.. - - i -- -<�— -AI/-- : ' • 4ed1264 g v � ! - , 1A1Y_ i - 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 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. 17Y OF RENTON . . CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 7 SECTION NO: 165 SEGMENT: 27 SECTION NO: 813 NOV 0 1 2005 SIGS/SEC: 14 FROM: 1 ( 2,809 ) SIGS/SEC: 6 FROM: 1 ( 6,535 ) TO: 6 ( 6540) RECEIVED 165 TO: 14 ( 2,822) 813 • , ,V 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 -T. _ —_ _ ice,�� 1h ,,�lg. `ts05-7 r r - - , 3. .� t I ERkSr� e jro1 F Jg' 1 Jt1 •7/f �j" •-cs • -D— \A.,4,L, ((, A.J . -rc4 7 7'j63-: Inn .(20/06 6. + F�-�' 10 n vt'e' I )Hi- c{it r 3d- DL • ` ),rtb-Y1 -S c JtA 8. -z-1 �`1--,, e ( POLE Sa3 NE 3(� ST R cl'iO j 7—at 9. ,. � Z ` ��z. �%ici.4 3 ,�� G � ��, `444- yeo�9 10. e 2a/�-1, , 56(V I � �l�E RE 71��1 C �'c� s '` ,e /OW-VIA t � 1 ✓� ,C. zs 12� Ni -3I1`��C/l� /d 14--.o K' 6 r C e6� �l" '/wzcw -� �U `a . j. ,?,_ Ptk C745:tkjt_ Ns52) 11-17P'' five 'S67-ze=ci:'--- 16. 1V c _ /i?n zo-, 1\ ,r_ ivi c�OZA j 5 l 5 i `1+h A J , a 17. v �ti..,,-Pf C( Lr G G rc /�3 IC( e) 7-719- 18. ,~ F ik.ir ,c! �3 � o�r 5/ G(1��7vn 19. /1 . /1//11 WLe GV i f/ 0 del- ? Ct ARAE n (p 7-, 20. _ 0 ii-ldtrt l 3Z o 7-76c J 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. I-I "ai ihlir-riicnlau of firr?wnrks" means an entertainment feature where the Public is or could be admitted or permitted to 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 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. o 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: 7 SECTION NO: 166 SEGMENT: 27 SECTION NO: 812 NOV 0 1 2005 SIGSISEC: 14 FROM: 1 ( 2,823 ) SIGS/SEC: 6 FROM: 1 ( 6,529 ) TO: 14 ( 2,836) 812 TO: 6 ( 6,534) RECEIVED 166 - - - 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. ,e ef/ ie-(' /oJ / 4 co o C- s' 7/2 j 7c4— ea tcI ,i 7.a �-v{ 3. (Of M--) (lCU'Yc��iYsl 360 Vac/nap,-PL Ala 0 p+r 10.9-w q�b `-z1-.-i r\ 3\-• tk‘rVA-4\-\?\AVyj,\ `-:t 9-Thqfp PL .q , _ ,.-- 7 4-_,RA--ortylias( wia.(e0 )Pt- kr_ --VS-P3y 6. - I / ✓G`- &,f��s l)4 le-vim.1 `14kCI-S-_.G . %3. fz ? —1 6C•- , 7. 7(02§05— 8. tc-- SO fl tisT —tS 5-0,4ors' dgl: 7 der 9. a,h Cv J5/3 Af, .3'�� 5J- ?- 65 10. a,,.. ( S,,-Si F.Lekteoc 4bAzi.2. I tx,L ?ffb t t P,t•0 c• 1/,15-vs` 13. h., HOC U,u_e zex Alere% /C :0-72, / 4 - Y43 // f- 3i--p C7`-- ,/faQ ,3O/� -70 v-u re e---roA, q 0s i 7/ 1,3--/‘-- 2,�/� b4 — si — �- �_ '� 17. .Avg _z d 18. 7 M PIllh7 c�c�Ny i?30—T N 1,7NSIL 7/Zg/45 19. i �a.r-y sT11,,,,.aut 13 ) s- A) 32 - 2/Z�a�-- 20. (0'- l 'gyp $h 4-74c1 6 kJ ,P P! `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. I CITY OF RENTON CITY OF RENTON ,fl OF RENTON FIREWORKS CONTROL ORDINA' ID: 28 FIREWORKS CONTROL ORDINAP ID: 2g SEGMENT: 7 SECTION NO: 167 SEGMENT: 25 SECTION NO: 717 A� `' SIGS/SEC: 14 FROM: 1 ( 2,837 ) SIGS/SEC: 4 FROM: 1 ( 6,043 ) Nu V 1 2005 TO: 14 ( 2,850) 717 TO: 4 ( 6,046) 167 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. Si:nature Printed Name Address Date a)- 0,104; I En,, I�( ( wanl-1~ ue S /I I�n �� )20,,A.(p c.�C M 04 5' 1 T 7 f-7-as 2C C'- t Ie5(, I 9 22 So "5-- '=E /i r- 55 3.! ' \`(\f-VA _O\ T. lC\/ ' uC . t I\j ,qu`-S S f v51 Ictojekt-yu& \ log Sc (`(-(-Re fuido 5. j� tk y„1 / I (,J Il Gie'►TG'L-) tic t w j►^ A „v..,y in"bV, 2E5' E r tt'3 V D'vk Air 12Gv'TU rA t 7-6.5 • 7. .S?G € l rrnbQe_1 r COt�l� (, 5 } l,st 8. ' = Rc /T?. t/ L/ 4C.%7/:�J ' Ace_-:(,- e - -6, 11.rf • eZe cart -eer l , ,e),5- — — 13 ( °!\a_ 40 S 12S"` i g-45-65" 14. --- - v 15. /..1-51- ® i l O c7 7 ../17 33 .-`-A L. h, /70 Jv - e( 6. 1.Arit_k L`II" C'.��1\�U .3 5 ?1.: I.L1 l* 207, 1, • i qrkA-Cti—ee-S-k\NC's 17. 19..ya:) LL!e OL$,1 hDD� id 0 i � O)kJ(�� E11�yDc 20a',(ni.e/�� .1��a,027 ,• �nixs zoo LSD �2 < � - Ss' 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. i CITYOf=RENTON CITY OF RENTON ftft'� • CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FY®V 2005 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: SEGMENT: 7 SECTION NO: 168 27 SECTION NO: 811 SIGS/SEC: 6 FROM: 1 RECEIVED SIGS/SEC: 14 FROM: 1 ( 2,851 ) ( 6,523 ) CITY CLERK'S OFFICE 168 TO: 14 ( 2,864) 811 - TO: 6 ( 6,528) 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 1S 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(--z.,_//-7,/. Printed Name `� /Adddrreess / Date • 1. ' 614,- TOGIG? l7 "dvi;Yir l O/J PIa.,i1P i 11f''��/( n 9-2q-cC i ,, i `t �A �� ,-k^ .4 ,,., . -\- �// �c.•- A.i \-Jc." ,\tip A'A'W4t ulv.r q- -D.(.'.-6 5 3. � �Ct . - .L. A4 -teii 4-1 c. '2 26 ;vet ,lv, S �/36�� !-24--vc-" 6. I (!i -r -A. -LA 14)02jIF l/vA 6v ciA u r Y 3 3- ..9 L `r'�• (3;'n;h ,' �1� 16 7. .rct L �•:> _zA, ,ti i6 0 3i.si_ fen a.,w-osz 9— a't-or ----8 / / -- ,-4,F -(�7 f-- Gz--s--7eye e-i Y/z y/ci . 10. i cll DI aaaikkAc"\-vA4W4KS- --4-1-,----z--- • 13. 1r ---)' T l;rLc c 5/o STZ--Ali,- s Aye- S/.%) )- '1- '3 1 2-41 1' .4cI..�> A '4V A (SJVI 600 liUctnef- L-7)7 N`.bss c1�2 &s— Argtr :1� I' p_: {iirg r4 ist Pi ►..v.Jri Nov.tirw.�ra4�a.w..aver� s a�,w.� � a v i / 16. ./,fir //° 1 #11/ 4 A p6 I 8. ,tr- 16Z4 ' t.Le : -- SLfr bOO .5-(45 -f- -7-7- 0/ `f c ()5-3—- 19 i -a 2C0 Gr S--p3o g zio.r - 20.- . / , . Sl'' vQ sokivs I ( r o S (-f-q-%Tv c s �(4,4c-- 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 'fl(OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAL' ID. 26 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 23 SECTION NO: 602 SEGMENT: 7 SECTION NO: 169 SIGS/SEC: 2 FROM: I ( 5,711 )40V 01 2005 SIGS/SEC: 14 FROM: 1 ( 2,865 ) 601 TO: 2 ( 5,712) RECEIVED 169 TO: 14 ( 2,878) �y`j�tl�v CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR VVHO 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. 4;. 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 �' ate q.y c- c_,ff_, - - -ge, _ ^rI le — - -- - = ram,= ,3. 1 := ~~' G!%/Gc.rS.0 W 4. .� 6 c.su t2y c'1 Z P,.2 2, S a 9 i IV 0 5- 4'80 SC 5. �� ;� ) � L k 6,, ��\P&UA/ 501( ,t, , �, oti„ ®1)S`s-`//�- 6.� r-11 .t/�. _ ��C re.� 49 �(c I JAI WA,am 557f71l, 7. ' ' .) ( + , , ¢O'2- 96iV/241? e4 �' ©Jc/4c` �3Z Liejls, et ., C . 10. 1fvia. I f i c 14.ta I 2;9 We1)s il,„e. J 4�ti46,-. rn�5 ` 11. 'p itci, (J��c-tY(cc�J1.c 1 i9 Welt() & e IJ ,. avl ia,w t7v(,-, �/ „, 1 ; 1 " 1;01 parislevk as r WR'I/iAve., (J. i.e i► l W4 Iyos,t 13. I V1(10VV i l l okin A-ve kJ , ,�ri- l � 9 . 9'{24 S r 14 1 r �_ _ t 1ce�' la. e. 3 wil- , /� 17. 18. 19. 20. 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-, 4 eN \o CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROLSECTION ORDINAPNO: ID: 810 28 1N SEGMENT: 7 SECTION NO: 170 SEGMENT: 27 6,517 ) N O V ® 1 2005 • SIGS/SEC: 14 FROM: 1 ( 2,879 ) SIGS/SEC: 6 FROM: 1 TO: 6 ( 6,522) RECEIVED 170 TO: 14 ( 2,892) 810 _ 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 Dee . i it 9 te 1., ‘ , • _0 ca, v. Z .i c;n-c_. Waft-0- e49O0 0)E V ST Re Oar) Wq 7804) 2. ,I V 0 S .�� )L i) UM- 5` k 01�� W - 47- a- �-4 -7' -- s. A/1441 L °20 110 z 6 t / i-e-- *Eisz, z,,d,-- ,j �;_Zy_6,; 7 ;.t, n(�-�J antilC��r��?ln� ��S 1! Il�r" Sf � '/OL �`tv'' kr`of - 8. r ,� �i 12 N Cl ��Y2t-79 -65 1 1. C r N- 1 p-(4 j_ 12. 62/gc �/ —Tr cKascc, ,‘ 1-l5 ?lie-v5 --1 M/6 6 ' O 6`I-21„ 5 13. ' ' ` g / Zy-c e-l- 16 . - elk 730`'] Ai S I1Eirr , q-z.Y,a.S(%(°561, 17. • n-- tr---gr iiit ti___,,,.,,,c 5---R% o- 411 g4\i- OR CM)5(/' lAi ) e _ s.o.,,,, —, . i 4frr-516 t k i � l 20 f CA ysofv U `f v Iv& C C ¢,14-C,//11VA4 g3U-54d Zo 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: 27 SECTION NO: 809 NOV 0 1 2005 SEGMENT: 7 SECTION NO: 171 SIGS/SEC: 6 FROM: 1 ( 6,511 ) RECEIVED SIGS/SEC: 14 FROM: 1 ( 2,893_) 171 TO: 14 ( 2,906) 809 TO: 6 ( 6,516) 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 - ilke4 /kw 4. 2 1. - !t. .,. ram, e" 4 / J J A';VC 0',&1(4T 5. .i 1 ik .. 1 .�-. r Je _ 9;)- 72 2ir S? '/ 5-f 0• . ,ffillitralaWildraPPINIWL //711y1ff1*111,_Wii`flr� rl� lfl rAlrf ;<�,t:,A E�.r 4' A ffed r ri->�r�irrr/ • 8. J %-i Coa I /rG., fi j 9805-C, / -cs--' • 9. - S . ' y`e-. -�� r1So% ' 10. ` C e- ' „' � Z *C`i 0/J %11 , 90�6 • & )3,-. .c4/473, 1111Milli 12.a ii/ / itir.A.� - - - - - flffillIPSZWMW k�� • �ftar F may' � �� L1 1i! .jam- q.).W' 14. ' � at t �y �lJ9Bd 1 y f At€ �1r� 15 4. •"I s�\--Fo4c+S .cTI C-.�2 ISL3 . C t tea' JO` -16� I l� ( 11 m1�Ira.b'L( m(JrckatnV1 1s`31 a�► ►�-UC Inc atirov)�q ((' -z�-bS c3c>3 t )5 17. Ven,W4.,-, �` Veitke.5)‘- 6cl — t3 01 Cn� � lA�� 5 5 4 )) 19. W, /- V1 If' akr1,f®{ ti y7 XJE q(4t-rfi-epdokilOri W , • 40‘0*, . ky, 35 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. • CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAL ID: 28 FIREWORKS CONTROL ORDINAL ID: 28 ` SEGMENT: 7 SECTION NO: 172 SEGMENT: 26 SECTION NO: 761 q SIGS/SEC: 14 FROM: 1 ( 2,907 ) SIGS/SEC: 5 FROM: 1 ( 6,237 ) NO V d 2005 172 TO: 14 ( 2,920) 761 TO: 6 ( 6,241 ) 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 7 7---k. '46:6- =A.34.4. --- ' --1 . 4.,:el-U1,_ki,41,...___....__11.56.7.-- -ci_._,:_w_.:3,,,,,,..., ' c-- '� 4 7,qy /t/C...�I - ,f• o iti 7 �j/2 -ll '& 3. 4. �' (.;-. 1+ (-1 t_-. �► c.�+ r o 1 ) �t...Ai. \- P v J�� - /�•C 5.,�".�..,• i ' � L c.�-roL. >\ ��k ;3`III L,-, ) tL Pi . suit) 7—to--O 6. ,.1'.0-. mod Jt' cyl hrrta ) J" 2- a_tsy1L` 4‘1P ite, Bolen / 7. _ ..4a. u ! vhc..' (.,_, f\,gip r-[L Ad° �o u a l w„a '( 14 J.C ,l' v-tok ? /o f o S 8. i4 .. d `. • 1/3IOS; 31z/5k i s 9 r - ( .0 (ii s 4 )D Sf 0 -4--10 10 s /,9-4r, /U n e `f 26` /�4/e/..0474,, .- �--,, —,-.1-1--:- ' -- e:5L.-0-\cp-tx..0 ---*--m-r---‘)---bs---erALL-0614-------.61-----0(7-0---- -;-----.14-01-14- 12. ! .--0 ii U w4 a r1 ( 3 ` 7 Air t^a. ,, ri, _ '__./. .'' ... _____,p ,-,,, \ „177:47.)nzEL... �- ,t-\. krt Illy 7'I S —1-3-4 , ,/ . - Isi:L...._ r -\_._l•., - _-: 4 „ Ili — n--(59s-A-- ----cE---/--- --%,-----t— i 4. ,v•-bL-2-4--CiA,0117vN PULAAUOGI.qfrairl is2e)k\t---. 5-0 .-0-- -1-I io () , 16 Al_ .Tc k \-\TAVA/01 153 --(1 het" —7-7/6/tic 6,j i 18. ' .I1�°11 1 �t 5 � � - 'Z 7) 1) MXX Aye ' 0 Rot /1- pis T41/lan . .19. , 710 i�e ijir 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. 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. 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. CITY OF RENTON CITY OF RENTON1 o CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28' SEGMENT: 27 SECTION NO: 808 NOV 0 1 1 nnn 05 SEGMENT: 7 SECTION NO: 173 . SIGS/SEC: 14 FROM: 1 ( 2,921: ) SIGS/SEC: 6 FROM: 1 ( 6,505 ) 808 TO: 6 ( 6,510) RECEIVED 173 TO: 14 ( 2,934) 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 F WASHINGTON, AND MY RESIDENCE - ADDRESS IS CORRECTLY STATED. Sign ture Printed Name Address Date . ` lI - yof -III 6 rag5 ��5-( -w I C� �'ps 7 c 3.�� ' `e-k C. lG t/ 3 Y.-0T4C-f3 i'l 7 ' S, /lF Tociwd 4 Go0ow g.)0 STY A Z37 c,ri_z../Ja- Ave' N .iya z/u 7l 0 ' 7/1177 0 fil i .4„„.) epsi4t,( • I- - oS /Ye 1/HAbil 7 . , 6c !O n 0 a .wc-r c (l ► . G_ c_ "'""`87-7 mg t,.4,2.,''''91''.4-..1 -141Z-CAN -., -. , ,f ., :. .'�.• .ido.,, /. , _ �`'C i ` -7--- „'ice .•.a.•" , ',` / moor ...... _ e•. zrr�1 -o.�;�t� ri �iii r�i i� y�r � _ 10.' _ 0' I .°� --De trine P)�f' �c)��3 S 3rGdf cig� I'd-1;0`) , p f 1 1. _ , ° ' Ne '' �`i iCe- lyk irNi — -i + �svi----- �.� � . 12. jA ,. i j 4 �. /� - reel.r ' 934,54-1-fientwf__ -, p55- 6- i ?g' ::'Z'')r7 d A ( / 1 ie.-LOVA L.( -1 it �, `l: /� _ _ q Q/q 14. �� • rVl 6 aCa P- 4443 Rig ✓'�A a / �+'p'. 15 \ ,Z /Jg%'/m. tAdr, d ..�r 6Lei e i�,. 2�/�D /�`A.. ' 16.terOf 0 I 1 $ I MI ifZieiat 1_. (Anr/vis.m-`230-1101e.(4'49- a Li_(//i oim _ ... , ! _ . ._ „ , 5 15�/Ce-v/ _. ) ,14-1�1C1, St.r jar 1•1 a t h 1 cc'7Z & C�!-`C%.' P...A, 7.-2 I-O,C-- • „ ``, ^1 a.4 I l ✓ i. 72 f fir. 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 €3 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 ROW. 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 OF RENTON • • FIREWORKS CONTROL ORDINAL ID: 28 SEGMENT: 7 SECTION NO: 174 CITY OF RENTON NOV 0 1 2005 . SIGS/SEC: 14 FROM: 1 ( 2,935 ) FIREWORKS CONTROL ORDINAI, ID: 28 14 SEGMENT: 27 TO: SECTION NO: 807 174 ( 2,948) FROM: 1 ( 6 RECEIVED ,499 ) SIGS/SEC: 6 CITY CLERK'S OFFICE TO: 6 ( 6,504) 807 EVERY PERSON WHO SIGNS THio rr iniON 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 Vle O :a�/� `�S' r uo �. E O S r 2 6 6 / f/ GGimp-w. .176 5- }t1C�e k A-Cr 4. 2'l o�� 8,101-lilt( l/g2- nni Pc P iu F kfmoNi OeS( ��s/6( 5.` fra iCkrb Lk_ Li(—s e✓/ti'� C 7 zsA5 6. , ', l < On 1J /44 n /ag3 Al4 q. ,. �_��' /�U �� r�iJ — ✓ /I i 8. C .. ► ):cam., �U " .r 96» 1l24 9. k-8Oce\nh) 2H1 VINE 2,2--9cYcK(0 9-Z C-05 1 . sm - E%4 'PL—RAs ram ' ` 5 �V Il. Rto rem l vc_i 5� 12. ..rs/` fr - �ia V r I q S. Fa`cri)er/f6 �7d�-��7 emcee f/�6Q� As 13 f eirekide W SS2AA e0.4tX1910 17. 61 / 'A14- S 1 Cc19 c30, l Z% -DC °A10: iMOW as ram' 18. vAltrza %�'1 ram'. ��Ylil , ZaA` i ��" - j - /•. .war 19. �LIk ice / 'Age �.. . 20. �:�i 1� • I l e C JU.l� S vti f k LL i w c�.c. .�v�.c�t� /l z.. 9J1O,i`i q` As tt 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 (OF RENTON ` FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 7 SECTION NO: 175 SEGMENT: 27 SECTION NO: 806 0V 1 2005 SIGS/SEC: 14 FROM: 1 ( 2,949 ) SIGS/SEC: 6 FROM: 1 ( 6,493 ) 175 TO: 14 ( 2,962) TO: 6 ( 6,498) RECEIVED - 806 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. i►uri /,14 ■�: << •• L f. s iU t " `7 2/ OS i -- / . n , r��z5— ' E' I . 4. _ 1111111M1 , ,, pr.- - I ‘CA g e NM t4 I 1 0 D N-I: Sv d- ' Pr 7 TWIL:a64" �� - 4 ._ O1 pi. 7 F 8. Care - ".tee, 1132 SE zt -H 9T 7 o r- 1ilW Pyaw Acmisimmifting mil_ r IJIP � , <'C _ _—_ ___� -fir V I 4W/ iaiffekyaraik__. < L7SS 12`"� 4 / .1��r.,_.., .i , -iu.. i `Li 13. ,:J r.��JJt:�► lit_.� i`.a 1. a Cmo '©S'L f •C t - , / ► �-- / 12• 14. LAW 1iTY1. - v1& t �, 7OOS� , 1 ,(per 7 illfarliffi • 16. 1l.;i I ► : / AI 0 in 4 301 .Me,Siutisof ►iktd - '7 cc OSAVAlifinglipplION , 1:;. 7 . - ' RD e T Ita,, L+ 6 c c,Dr t czSi,LvS- 1y /79. .,MN - .A.._z.z..,- ... .. /// 3. >' /�� } ir,. 'lJ �.�/Y/lJ//L 1�i�e�1'► rs.'t>�iii!��1?YI f</ArL' IrY�I l 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. 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 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 therpermitting 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 OF RENTON SEGMENT: 7 SECTION NO: 176 SEGMENT: 27 SECTION NO: 805 • SIGS/SEC: 14 FROM: 1 ( 2,963 ) SIGS/SEC: 6 FROM: 1 ( 6,487 ) 1 V ° 1 7005 176 TO: 14 ( 2,976) 805 TO: 6 ( 6,492) - 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. - Signatures Printed Name Address Date/ 4 3 f,�1----- • ��C-A_SdN �cci‹7ty ) 'S—• e cA_Vcr k` t^t�� A -, 7'1� ` lJ 2 � 1 4. 1 , ? , )` . . i &)v1 \-otU\c)C�C, J �c�9 �� qZ�{a n' 5. ./:.6,414..1) .44 , O \ _ ,A:, e( Nt ,(01,u3n10e (Iid CI •1 6-20e 7. i i _�!!1...10 1JLkA .tr (o�l ' 'i a i) :r_ i ,/_ y w, 8., Avg ., ;�/O An ic4;l.._' . , _ .1 b ' r� ST- 0 /a,- 9. 10. ,aV/IY f VSS" tr,nowv, c�V i/I-r✓�%H T C. 7//3% -iiiitar— W -t, 5------44- --*tptAsd--------,z4-7t- 13. i.'"l 1 ,f&. � i►atrr jlo. `� cqo 7/5—- ff 14- N jO l \4 l'C1-46 /1 S _. 1�� ' /1A,A S a DL .(k/.e- 5 0 7- 13-cc5 15.He/% , C,r /l_ FIA:Al - ,/ V l 2'kE_ `3 s /r NC 3 4 . qui; /,- /3a5' ,� i 7 / J 17. �/.!' Z -- Po4c. gv CV_ Zci'I.f ry cl 7-/q`v� 18. .% ' i 144 , Z 40 en, `-65e, 7// 'f 565 19. ? � €, c,1,,4.,,,_.,0,, '7yoj 20. eR S-{-le( bce_)&rnS 4Lt03 SE (4 S 1- L -pS 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. ion 21. Nonprohibited acts—Signal purposes, forest protection. — —rnis 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 ORDINAI, ID: 28 SEGMENT: 7 SECTION NO: 177 SEGMENT: 27 SECTION NO: 804 NOV 0 1 2005 SIGS/SEC: 14 FROM: 1 ( 2,977 ) SIGS/SEC: 6 FROM: 1 ( 6,481 ) 177 TO: 14 ( 2,990) 804 TO: 6 ( 6,486) 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 followingmeasure 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 puchase, 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 , y a� 5 � j cnO59 "I al c,Je,'not Thore en 3�" Paso, Dr N - <� t}y\ ct Mos' „,. . .. • s-----~A.ov „A._ , e we . ' 4.. - a-- - A'P - - -- - -10 - -- - -----'.'''.--- -- I_; W -46t466-9--Z l4 3 ' v 2, 43 5 6. v �.�d � av` Fes't1k t kS 8. GA Q/QII[1O.yj✓f RA/ 46tt 4r ,s-el 44'' 9 a_5 10. 11. c 7� C0 2- / - S s"6 9 �J 12. l �t�Tl�'12 AyL 11JIl.S 4/9 W de l M5 , ?ND< ram' ; `, 6.149i- LAV4L)-1 "-' Cv C . 14. C'f 1►') '1Ctu�62._ d1oon ` )33 caLp se.+ Blvd-117 Ren 4, 7/4 ,15. , ' r 0E7/ 9 9 16. k ,e / /1/,, e- 60v e,' 0 • lc P I e, I e 20 - 17. 0-Me-OW( J ( itjl/ 5X gg 5 6 9l_ 18. tO'-- q 7�� ' . G(1 U -(6 19. VCi3'0 Viil c✓Vt,¢.�'✓t71-f i_Ar n/Zl.i 6-e 20. '( 9 50,a_ntien / 2bs 7- 7h At. JowiLpi, 93-1A 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 sfor 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 RENTOi� FIREWORKS CONTROL ORDINAP ID: 28 CI r(OF RENTON 28 SEGMENT: 7 SECTION NO: 178 FIREWORKS CONTROL TION NO: ID: 803 SECTION NO: p� SIGS/SEC: 14 FROM: 1 ( 2,991 ) SEGMENT: 27 FROM: 1 ( 8'475 ) NOV L 1 2005 178 TO: 14 ( 3,004) SIGSISEC: 6 TO: 6 ( 8,480) RECEIVED 803 a 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 r, 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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Va.0 !4 An moo Davis �.v�. °i t 5S .�1�--jas 15 ::',-V9d • - -L f - - 16: iu---- h, f / -F I--tom 7 - '►�� - �- - 17. r t c I _ 18. / Ii j 19 �, C�Nt�ti9 I Zo s C�..� s CI-Iol ©S5 �{? 2 IX Li AegAs •7 " /A L:44s cA.,Ve 1,0,5-6e--- 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 CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 ' SEGMENT: 7 SECTION NO: 179 SEGMENT: 27 SECTION NO: 801 NOV 0 1 2005 SIGS/SEC: 14 FROM: 1 ( 3,005 ) SIGS/SEC: 6 FROM: 1 ( 6,463 ) 179 TO: 14 ( 3,018) 801 TO: 6 ( 6,468) 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 j authorizing residents of the City of Renton to purchase, possess and use safely and responsiblyState 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 Date 1. N\L ,) ta`_- %� `l, (U�J y1_._gc 1 )''I cis Ot- 2. _-gic.v, ,,,,..P/ c/'9 /� fit N C-r�1 N`ro L c 9.2�` ei, C�c-� _ to - 14.Q,,-:k.s,, 9.,a ! it' 1'J �" r 174 / 3.. -, ....47. /_ , - yen/(7,/,9 vA-4, � CA �r r ' • �� r �� < 4 .1:11(..41--•,' - ,-- . -i"7/W }7-7lefof-l--Y-E---A- 5. ' !Ilt:l,71 /L ' ALL 11-W (a r ( 1 . A r `Q- `e_ RQ b Vl al 04. lar ••., -, 70f, •-, I______ ,, , I v, ` V 8. gi 0 Alma R11-e,9 yl n 15--- Y�cY'leiacx.. Re - vl tp,- -.., , _ ., 1., LA AA -1- I e -pirtkiail 14-34 6 aulake___1.Yr:c:31-04 4---9,,,p607 ? : AN 9. . ts' . 2-.� - rir -if 1 i. 4'/ -. .- -_-�__ ___.4 L �.5 l • j/I1 3 1 12. " Gldih /'/ - _I :--' ' -.I y � ,A y- - ' _ ' I 1 J/_�` � : � - 1_14 i �r G�� S , A. -fib n ' �� ! 15. k)(t _( _��Zr /Ji4ve_ i77( ,� 2 g 12-iLJ 6.1" 144' fr r1/- 9''os; ?t O 16. 3 � �' C� , ktliti ash 1. 4 CS 17..' ,_ 4 / - _6 _ {}tee l l ca. ' ._",�..d .�`,:�� _._�, - �.5 t_A., .q c t x-,-„,„ 18A -% C 1>7 14 M tk Ai • k ;Liz cog/6. 19. 20. Oak nc_ PA tri jntoi f-( s - k 1.1111I c48 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. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON • V FIREWORKS CONTROL ORDINAL ID: 28 SEGMENT: 27 SECTION NO: 802 SEGMENT: 7 SECTION NO: 180 NOV 0 1 2005 SIGS/SEC: 6 FROM: 1 ( 6,469 ) SIGS/SEC: 14 FROM: 1 ( 3,019 ) 802 TO: 14 TO: 6 ( 6,474) 180 ( 3,032) — — 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 (Z�,i P/7..1,13 th �1/ .esrn./ / 191,f)". ✓1.) 2-/a- 2. r \� . tva s, ��g2 Di'a II 3 --OS / r- " iiit—T'Aikri - .... ,--) fi' - 5. 41 r'� e,/,s',r'i S , -__ ,t (1r) I, V.-)441-11-L-4 ,„ ,-1, , ) - -: c" - -7 13 03- 6. 4'''8. e ce Dadkith,,-64 ,21/ cr 01 Ai �� 10. v e 2? 1.7 1L"&, Z3r t sT ?- /77 o E" e 12 d t b� lay\ ae. SE. 7�/3.e, 13. 7-1 5NiA S•I eel ?C 2-5 KF c At ekce. 7`j?—OS 14. .tom-la , ((&4-71 a)Inn '✓ 1 - Re..w1 k (p I ,Tc i r,„,�n7„ (!}trr Ki r `7 113), 15. _ heq - "t Ia p I Jf Z 35 VE �/ : O5 16. (_A$ / Li '7AorrA ,,,d0,...t.',/-„. A.adcYee9 iihz 2� -/7/ AGE. P/� . .. �� ' 5, 5 17. 0�i�._ " . �' — �� '. kV, , . 07 ((��'1tih �� ,1� E ;� � !4 r '''-4/1/4 174C eoz.5 0.14frif peopnoq 7-6-d- 1 3-- - 20. ( r , , Al, 4 ra 1 1311;1-1-e->- 3 4 P iz . g:1..s'.:2a7I 7/4)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. 1 • 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 meetingT.... 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. • • • :ITj; OF RENTON ` 1 iCITY OF RENTON FIREWORKS CONTROL ORDINAr' ID: 28 CITY OF RENTON SECTION NO: 800 NOVdW n� 200 SEGMENT: 7 SECTION No: 181 FIREWORKS CONTROL ORDINAP ID: 28 SIGSISEC: 14 FROM: 1 ( 3,033 ) SEGMENT: 27 6,457 ) TO: 14 ( 3,046) SIGSISEC: 6 FROM: 1 ( RECEIVED 181 TO: 6 ( s,as2) CITY CLERK'S OFFICE -- - 800 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. • INITIATIV + PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, SHINGTON: 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 •'•"'""" .ry CY�t i_ %� _Il 1i/dam ,-1 2. /.,CII o I �&i �44- /-C - m Q d r� �/��:a i:/ . ; UG 5• , r--) N.o,,dr� e. f eCcAs r j „omit �ta3. / lv., � ` ' dam 4frATRIF i 4. .41 n) 5. J`( upi--, q 9aksta9 *AI.e_eN A :a 4rd s 14 01 1:�c)mo A,09 4 t 10. 7-)S-°5 6 �' e C� �. £2-. k- Et WO(Na )co 1 L=\A-(1 s N If. 7- 1 r-6- 76. .; e7(7— . 8. /�e1%/j /2e/ �, MklK.e• le.A ora m 4.) -0(` r ( -05 11. , 7 3 1 &ref Ch cjp i e `2Z %' 5L 3 eci rc 'G ,/ ?//'- 12 �. „ -7 (Cf t.% v cftv 60 4 (341,-,,cct It I4C-, A-40'1,Q1� /56 3 14- jag (); /We i i OK--(0 /14 15. iLL-- �' (7��r _- ), ,., 1 :lilt' ��.tl ('. 6,, y3 4' .�'.-0-7 uc 01 Jc x5� n9..,: ., ie rig 7^JO S 16. (. 4- i.,k_:-0-=ai-L__ J 1 Via: ,`, ) s (=wA ct w 1 /I I.e /V 7 z r, 17. ✓ �1, �%'.�b f ill.� ":5-- °' S(A Ii '3j do \t„c, ,,4,- �). '`11:: - f` I t-118/`' •is.i i �/,. /' -1 1/ , ehem-f Wki k. liamte,r (941 /,1 :2011 3 1/1g105 �p ! y 20. ?� ./t./ �c� �jl�/ t/�`. < �/af _ sr�///r� 6`7 ..d�ledex.r flu T �s/es/DJ f� 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 forthat 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 70.771RCW 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 SEGMENT: 7 SECTION NO: 182 NOV . SIGS/SEC: 14 FROM: 1 ( 3,047 ) r N 01 2005 182 TO: 14 ( 3,060) 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 Ai!! 4Y . .. r .r_.._..'•s- c*s/rW r yir^!x+ .c.�cxo: .�nnm,.e=smvzrrm na.•-m-..�,,, �., �..ylY r. _: r w• CA.n c-• ille` i c. �►� �. nl-cam; L I1 - d&- / l 5. . ..r , ._.- -_ _- :- _.. G e Z f- 1-. . . /V _ . • w-e ‘ 6. aV‘h S rrt/10-)l `r I 1 • _ e - 7- -0 7. , , _ . , - (cD—i/c oS '1'' 8. — � ,e / 247-6 SE W .4vE AReS6 • >Vac 10. ` yr , L icct Le,1 act ZS13 Na Z3Ircl PL 9' 6 `/6ic'•� � ' � J � 11. _ �, , 2 . 7 /�L��V Z `7l`-' c 12. ' �, . Czxc iwge,— Ma—A— II - 636 .SAJ eaw-P W ia-- 7a'ks--- X Au,'Vi 1 2u rche_r 6 St-f d'►er & rile. 5805J 6 /07 13. . AP. 14. i. I I ahATY1)1 /e ... Iutir n al Ve: ' 11-3-)' 7 iil,U Zaid cf !SOE 74,los 15. C • ct,i . q 40 • 16. l C le" Oil 4w 1 y ivl n r N aLJ5 cJ- l0-a.3 5• QD ,St. ,�.. �� cc 17., �2-- t1£�tS11i-& bgA c.r-E S 1-1 ER 263 o •pr)w fi vv °� .i4 9(Q5-es i/Ze 18 Vi. r 7f1-k..Aliv' (AA- Ke. . ,413 williA,kmy 1 TodC''/71: 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 ORDINAL ID: 28 CITY OF RENTON SEGMENT: 7 SECTION NO: 183 SFIR ENORKS CONTROL ORDINAt' 799 • 0 ID: 28 NOVe� q �6� SECTION NO: SIGS/SEC: 14 FROM: 1 ( 3,061 ) TO: 14 ( 3,074) SIGS/SEC: 6 FROM: 1 ( 6,451 ) 183 TO: 6 ( 6,456) RECEIVED 799 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. 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VW/ (✓ a rl' (ec/ cc, .2, IVE �i�i f l gC't�'�_ 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: 7 SECTION NO: 184 SEGMENT: 26 SECTION NO: 760 SIGS/SEC: 14 FROM: 1 ( 3,075 ) SIGS/SEC: 5 FROM: 1 ( 6,232 ) NOV 01 20 TO: 14 ( 3,088) , 760 TO: 5 ( 6,236) RECEIVED 184 - W AKIN 11NU 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� P' Signature Printed Name Address s L Date g �' — —_ = .__..___— /S�>2S Sal • 1. , a� - //`% -(1 i "`"� �"-- _�-._ _�-. ' . go 4 3.2. C� ?;S ��%�- 7 j� i u -0. c 4 A „7�--- Pcs., �-id c--179 e, c� I S 0 0 wc. 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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. 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. 7 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: 7 SECTION NO: 185 FIREWORKS CONTROL ORDINAP ID: 28 SIGS/SEC: 14 •FROM: 1 ( 3,089 ) SEGMENT: 22 SECTION NO: 539 NOV 0 1 2005 185 TO: 14 ( 3,102) SIGS/SEC: 1 FROM: 1 ( 5,617 ) TO: 1 ( 5,617) 539 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 • 3. r:eh- 1s q$'t)Sc -) 4.1 O CJJJ Pl T ll Je C ,I.\ e_ Y,S (pSD Qo 'et.1 Rioce 1$059 -7(3705- it. 5. //l $ie 54///4p /s s"s' O4/ 1 Ai 67 9 KO 7/ ' 6. 11 0U l(iaim i"Lek,( (off C4-2,zcys 4u-e-Ne 9 ( 7 16c 7. -/ VA ` .00._ j'(( 4617 27-M u0 el ° 8. IOW. ., U(yNiar 0-1.4.�04 e i3O 5 i330ni sr- 9 O 113(oc 9. % Dv 2EO �Pool �i�'d 1105 ,'I. �¢�r `/ 6�� 7/ % A n��7 )�� O5 l s—Q 1 1. coco 5,4 it.) Tr 12. OA- ��‘AA . ( 406.. :1731.1vl` 055 05- 13F.rkicitikij Na.di ne ® - t_ GS C 0hnudeoclitv,; WC. 9 'O 7/4/as.. 14. 4, i1r. 14v 7,5/ 15.`.\ _,_! z GM. • d1.\ _ . a3 c 5 7/3 'Ri 1 py . ✓"'$ _ `rJ' .'.'..JiY/lvP_.m`i-' J +r ai.�� r.,� �� a • .� 0 r, 1 d' li 17 .r. t�lea 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. Nonpi'ohibited 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: 716 NOVQ SEGMENT: 7 SECTION NO: 186 1 2005 SIGS/SEC: 4 FROM: 1 ( 6,039 ) SIGS/SEC: 14 FROM: 1 ( 3,103 ) TO: 4 186 TO: 14 ( 3,116) . 716 ( 6,042) 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. " ' �o, Ap_5 Gam„, 01/4( DNO • 1 z(6 2. . ' , 1140 V . 1 °c(1d. "L°7 f4e-rd et° -7 r 469S- 3.j 70 --- - cj-7 AK,„_,,,_, 1 -7l 3)6 5 r 7 4. v 1 _,/ t .14 u ; .*// , 1 ' ' �- S�- 7 I6/0 , �� - — t, 57-----.! . �... .:/ e 9�/ -/e• c.),(J /OC) 9y) 1.Sti,ti/ ,.v7 G Ac- 6. ' yt • A � �/�1; a �v�� V ,��,1' � / -T- i .,/ /�3 7/76 v —i _ V /�� l // � 1 Imo" 8. 1 //%9172/-/ V inG( t/V 21•0'l g/7 //,7?��St- 6' 77-3 ---9. J`- - 4 - 'a�Q--t---- = 10`to n sz , 3 7/3/��4 (,'=1-0-:+ ., -. , C.( 43X� �i �cr\ \kp' \Ok.. S. C . V-1` V}—'-� 4 �'`' NT tiordi/-4f----(c ------ Go litgq4,4 ve - le 1 , Imo 4,802,60.Armimp, , r____ .1i i - a,s ( 1.,I 1€C6 41-714- hue S-03 _�. .e�i01 IRO _ ._ a- ' c, l: i 1. 1 l 4i --1 , •, • 4 . - 5• i r 31C 7 15"MOM d,/E . G/C/ 7 /P`/a ili- e-S/1/IU seed 17y �r, 7S°4-Ss' tYa 9L� b�s3 �1 16. i// .�_/- , CUr/4& Aft/?// j�// C'rcn7 / i -i p?S '7 7(3/ l 7.09 177 . P4 -..0 9i44-,111 - ' `_. inct_ /— '' "i7`N��i 18. / _ - •,_ _,s0t . (1 e a _ ��. 7 gBoc -7/,.. /C `�' 19. � ✓� r ram! , •l-) C-) ,A-F-cwe_ S , cc-I-- (k `7! .3/&5 21 q40 b/C'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. 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. . 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. 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. • 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. 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. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAD ID: 28 FIREWORKS CONTROL ORDINAD ID: 28 SEGMENT: 25 SECTION NO: 715 CITY OF RENTON SEGMENT: 7 SECTION NO: 187 3117 ) SIGS/SEC: 4 FROM: 1 ( 6,035 ) SIGS/SEC: 14 FROM: 1 ( , 715 TO: 4 ( 6,038) NOV 1 2005 T0: 14 ( 3,130) vvtiit1Vlivti 187 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 �f ,.sue-1--,0 0 w � /.��,:r' ,r�1r: �5.1: :,�',f.0-5 ✓ 2 i✓:. A I U�. »00 5t�.<t 7 giveiVele 17 - 12-o; 9 .b i .'-�,b: - ,,r#,�-ufer: -51111sL-.PI_SE 'i-12-05. ‘ , t , - map yjJ: 0,4 1.1I� moo. , Ile, ICE '7—/2- "725 5. Cit_ KlaYrielrk. 0111/Z,_ tkg. —14k a • —4- t tz I cr 6. ", -'. _ �- / �v a✓, S I/� 6i[ `Y3 . �S-��,r,2 T �v 7,/ c 7� /� • c.G- 1-lizoNhzr- 32) vs Sck 5OO N1cmro c /V e -7-j Z-0 5 8. I (_ -)l1 "'-S?t. -A3E-g-(-F 7-12-- c 9. `/[/ k� 4,4 , J L I s I%� ��zV/4�e.��t�?� 10. i _ , ,6( (Ilk/ W /CM SF Sp77 Fo,,:ti.- ( r 4(r-5 II. croT,.: .,=t¢ - �..._...a...r&Yr..�...,..-i.._-a..:..�..c..•;•:M.--- ,.,.u.e v.�-.., r..y.r_L�,:..:z_,.,_.t:.....o er.. ,.-. .�J`.�. ___ 12 . 7 L7 L4 -ass, ir/c' , .�'',4' a.4R`f ,-ab4,-,v6,-'ram 7/L C� �13. a,,iG %, tiorroc d� war� AfeeueJ�vc . SeJ �o Sy 7 i2 15. 0 , AVey n/ 20)-G&.ow C`. e -7-- l �r.ns4,.Fn .:am n. ._, .—.__-_. ._,—/ 16. - - J , 18. ..,aS..-. _ r � r ) `20. eN �' sitir.Co l . albich0t,if AG-. 0� 7— 19.--• , CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 2005 SEGMENT: 7 SECTION NO: 188 SEGMENT: 26 SECTION NO: 759 SIGS/SEC: 14 FROM: 1 ( 3,131 ) SIGS/SEC: 5 FROM: 1 ( 6,227 ) RECEI`✓ED 188 TO: 14 ( 3,144) 759 TO: 5 ( s,231 ) 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 ti 1. 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VAS max!!.\ s�`v:_� �( � ��. �, � �. e, 00 U ,l �`®�/ ('C c,r.a e^� r� 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 NOV189 FIREWORKS CONTROL ORDINAP ID: 28 ®®J FIREWORKS CONTROL SECTION ID: 28 CITY OF RENTON ON SECTION NO: 798 SEGMENT: 7 ( 3,145 ) SEGMENT: 27 g 445 ) SIGSISEC: 14 FROM: 1 FROM: I ( RECEIVED TO: 14 ( 3,158) SIGSISEC: 6 TO: 6 ( 6,450) CITY CLERK'S OFFICE 189 798 - - 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 Date . 0: erz. 55- 3m4e( 2. fP� �(9 +`/� ,.� . �Jl � `�2 t > ZZ-'.,n cam- -Z t((Z(� i. ia yu�a�iu��as� / 4. ��.�� L�! 're l e so L 60rlo U n►1H /e -7�I.( '/ treeArlaWrips , �. - �, A . � . �e - - off �.yl/rr -I '�� -- l /f_C/ ,j rn s `7 - 3 -6• � � 9: G /� 1 �v 1,h9 22°15 fiberde, ., Ae /�(% r13/1-0A �� 10. i ! Cc v61� J/t��1�. � �/l/// 7`�'� �--/ 3tS6 L1 �jC1�1 ,/y6d l " Ir\a1, Y\f\c dcie J 51S (A in,i 6y ;eve I SIG' 1,11p S 12. - I" CO wh.�l I I fl U1 �N j ��,�, 7 3 ()-S 13. � P_4.Z� bu.rLY\Q n!-� Z� (1E L—k t( I 14. 14. .' JtL✓C, �- :- rd Nerko, (P09 gos s2 l� as 1 17. -765'H4,/ rn5" ocTPie,Iv pZa3 7 j3-0 18. 4W 4i2vE /q7 ba P6 e-i.r' AL& 7/ 19. 1\ 6 gC' ht � L t'r -/, lily ' • 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 P CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 7 SECTION NO: 190 SEGMENT: 27 SECTION NO: 797 gyp® SIGS/SEC: 14 FROM: 1 ( 3,159 ) SIGS/SEC: 6 FROM: 1 ( 6,439 ) NOVg 9 N8 190 TO: 14 ( 3,172) 797 TO: 6 ( 6,444) 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. Signa re Printed Name Address Date e j1. �0 /)11 // 5-dr rak�r1 . pry W '? M '�� 2. �. � Gre.y,Ora ' ?/5 Zy if /t' - 7/z3/S. - 3. -.:.), ' t,,Gort\ (4-f r✓c fow, 3& iv(- I/ram' s. -7).�345— '4. ' - -..d.Li'l /Aifi_i e z---ii' 41 06- /ZD 7Z1/7 ;-4 'Z ' /'i IR 6. ��/ 1 A. e,o e5 �l d Pe) -'''5 % oleie`S�4'i1E 9) keithor'-67115 4 7. Ot • 6 rl .. t�V1(\�1� . ISI-jt>0-- f. / 8 if/ .( (1)g'-:wr I'*/ .01 v I U( I. 2.0 EtkQ V it s of S . 4c ?/z.3/6S 9. ``.. �� a - a{ h" - 1 1. 6',- APillirala ' — ijjg 2 teX : . la V'c vyek 3:3 erAs-1-6,(1-the n 2-3 os- 10 r D 13. �J n I�t 1 J P./1 4 U 10 di ii 4 ��-r - Ii6) ,`7�• , _0,� 14a ✓ �! (�� .1--- 4 D S.•1.v:c`f E/ � .,J -az 4), .,Y1A5 . ,i7i 1/66i-iLt. 14324 —7)14,,U OU.A4 Xig , 16. / (i d/4 'J3 y flp i l 1 _ e 12 . .,fG'!r. A,10, 7)�3, 17. .N/'�/ //'1N? 1�1(l�� ry , 19. � ' ,,., C53 . °' -Av,—. C)'� A W 1�� )v---(`,,._�" Ct,��` . 7 �" )k4 0,20. /, �- / 0 1- dt V( �Y.,/ i 7`'—L. 7f z /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 RENTORI CITY OF RENTON l ; CITY OF RENTON ` FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL OON NO: ID: 28 NOV q 2005 SEGMENT: 27 SECTION NO: 796 ttl®F9 B SEGMENT: 7 SECTION NO: 191 ' ' SIGS/SEC: 6 FROM: 1 ( 6,433 ) RECEIVED SIGS/SEC: 14 FROM: 1 ( 3,173 ) TO: 6 ( 6,438) CITY CLERK'S OFFICE 191 TO: i4 ( 3,186) 796 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 i 2 . ,. -I4 Si ,5 4,,_./ /(/a -e` %e /() / / 5 ilY - i c —f . ► t A ri . ur � ter — ' b' Itc: l I c . e De _I IM A. ' NE �►/13/C\ _ , .4,i-, _ __I L ._.. ..- hilir -4 106 r/ a 1 . # 7'1 os: deirfr ; •- �l, - 1 -s�ii, I,. .0 Edee,,, kik.d , /-7 3/O , I _•,,,. , aVi T Lx- 481 i -,it ii t 1, 6 ..),k7 • awe ,_, .,/ 4,k.., 4 A A ,, 9. 1 07'6 . L' I 40 ;JG-�'_ ?67/ 4' I' . 7 7 O5 limp 10/;9 ,fir,- jZ.)v.co,d L- 1 L{,00Z -7 3 6 3— ._— r� .-44.4:51 13. LI _ 7 4 (0 S 14. ti a r C C . ',�2 .I`o -2g/ ' ,.., 9� S r" `71 3-l5S- fAA, ff fl -c 7--1 _,:).5 7 47/o— .44t: .7, ---- /4-trt-ek-44-r- -A--G:77-r--44e'r---45 18. s ,,,i2 /'� q,,,,oc, �C p 2�i5 nd .' ?! '1L -� 25__ 1 9 rl_ < JAI /a /1' / 'Z 1 (-i ,r Adc s —7ll /oc 20. f_ — C -? (L c ` gob !1/4) -- 32A1 `,. f 7f 3/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. Fai►ure 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 lawfu►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 CITY OF RENTON ` FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL SEGMENT: 7 SECTION NO: 192 SEGMENT: 23 SECTION OAP ID. 28 NOV 0 1 2005 SIGS/SEC: 14 FROM: 1 ( 3,187 ) SIGS/SEC: 192 TO: 14 ( 3,200) 600 2 To O Lin: 1 ( s00 5,709 RECEIVED ( 5,71o) CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY u itiER 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 Date /!/- �--._/ Y11, SLL_ rd�' /i /3� A/ 745 ', .3 6 g s�Q5' / <41111VAIMMININIF ,, . �._- ilriO 'act' err 1.. 7 ../.., L ..-.1, 3 � l right 11 j 3. 'I[:',A.Tcr ,,,,1; ► rsAG - s+csc.x2 334 WEIR ii S ktiv-raW 9106 8 os- 4. A,� 1 t l 1. 01 Lit i .,A L .0` 1 I,�� ?+6 - ,r u►` ►��hc►4 R�I:Y ry �lyyn.► >•LR: 1til MLIIVIleac V.1,:y.i�• . ri fiL 6. 'f..7— ..(i u A Avail,' r .S f v i If 1(WI 1 r Geis di f � -—']:_ -- . - Q> �� ,- i' - 6,19 gisi 1t sue-- , . 8. -- �� 01-� /fir/%r YILDe - W. ge/ r / 9. ;i i .0.G ...� K 1 6errc .-04 GT 1eJ7 . `'d ( :: a WI\ "R 12. � l�r� WIMINIK ( , 13. ' 'PN\j ~N\ z Z �-\'--. _• 14. 0,dialfaAj9jii.2 Y 4 Pi.� _ JZ/�`t/ 701�� Ji15. ii o E /e7- � �,. L Ce, - %--erf&"^' 1 OD 10% L ' . WO � v D.a'16. n ]b o -l 17. - 'yid I (\3 V I ti% � C-. �) to L V EK ^ ZO H IuS. / 18. iz j"` fi n -Q "� 5-- , �7 j h iiiA. ,, in f-J �le(fl O 1,5-e- 19. ,i 20. i4o.2,2 7 /44/ 9"&' 7s' � - /-,?6 v -/ M /((q,/ dui,v L_ M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,jdint 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 ORDINAI, ID: 28 • • FIREWORKS CONTROL ORDINAI, ID: 28 SEGMENT: 26 SECTION NO: 758 CITY OF RENTON SEGMENT: 8 SECTION NO: 193 SIGS/SEC: 5 FROM: 1 ( 6,222 )SIGS/SEC: 13 FROM: I ( 3,201 ) 758 TO: 5 ( 6,226) NOV 0 1 2005 TO: 13 ( 3,213) 193 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 (41/c4: 2 apt Cw.bri -C U 5-'ye ((Pi eL .3/0 Sbig r , ti 5. .„�l.J,�, 4' • 7C ��J ` • 'e' `A' �. fc%��>��i'iii? - 'r'_""" - _ - _ Q. `rL , Gf� � 7. / j` j' f 3(ei C-Th K70i 7 /3/0 s 8./A J - / At; 1C,Qat( 3l f e1 i()E S`'."`, el( - —3 ' --3.0: ALI!, - . -1(11111. _ Lbla 1111 .0,66 .0ni-N 114qT-14,61 hAbl 11 4e 2A(A Ie c As A Jura Ph/ea-� C 3 ( Ara W-i ti% iL) ° e/i7a4 1�6 .5; 1 <l )9A'i l_fa I!? d c-)7 6L0)r t v e s 6 .7 _3`r ® 13. 'r':/.4 s, q--- Y —C ` ' 'Al r • 15. XW1/4 WPVC1 iloRd-t / 3 ;S% f ) t` -10i; ri4,0,11)- N-c titim-fry.tvas"-N(c. 19. 33 1 ; I [ &er/ ,/ueAc 2/`c(?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. CITY OF RENTON CITY OF RENTON CITY OF RENTON , FIREWORKS CONTROL ORDINAL, ID: 28 I FIREWORKS CONTROL ORDINAL' ID: 28 SEGMENT: 8 SECTION NO: 194 SEGMENT: 28 SECTION NO: 833 NO V 0 1 ZOOS SIGS/SEC: 13 FROM: 1 ( 3,214 ) SIGS/SEC: 7 FROM: 1 ( 6,670 ) u 194 TO: 13 ( 3,226) 833 TO: 7 ( 6,676) RECEIVCITY CLERK'S EOFFICE 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. ._,,,,_ e _ /55/"J._ . !,. .1l.� Lc�� ) _/� p •—', • ii -' v '�.� • 7:►..ilintiffii•rl7 1S-4!.?IlI l.. !i&c V7'Lj!_�_- --, .._-- • -..�_};. T-V—; . -�y r• /4I 7 3 i e - 4 /• Pr) A_ 4 . ,.S - z'cru"y,.I All "v 6• D c /6 4..iW1ff,_ 0. • lbA,.A A /�/r- t t'l' /. •1 7 AS' liwy—eilWrf ? 7 A J! A I I ' -- .� - 0,.E 1111-1Tint .1 , _t I .a..- i i ut‘.0' 11'Ueo - -._ i A i .PAir/L. Oc- 9. Ir lQ�i►;,.A - A • )) 1C 11 - i'alio& Allf :: ��,0:D �lM. aY~ ll / d f -Lys(,c;✓(--`[ }� �� 1 i -ii - - � 1 y i 11,..1r4ss�- ,. 4/ /.,f./j id' i / &r • vc /ad Q-V(.-UC 1.1.," , I? 7- " IAi./.cre i' _ i+' .��`` ,,0� • ).,, r gel or, as 137le[I�i1 �.�� _MIFERIMIN (555UktiCVAVE,NE#WIa N'fins �c '' f 14k •5 7J3 r 16. _ � r. VW , _ �✓ , a /, 4_'[� W6� �'" `�-I 7-i-(-)� 18. r --N� -v_.. .1 l-l� _ _1_7-1;2 —E___Zk:Dz tb :-S€- p r', 19. (.I/ l!"/ (•)? I/tfl 1I►�^. ilivz. r-f yo S- S 0. 3 �:s_v r 7 n 20. .f 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 FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 8 SECTION NO: 195 SEGMENT: 27 SECTION NO: 795 SIGS/SEC: 13 FROM: 1 ( 3,227 ) SIGS/SEC: 6 FROM: 1 ( 6,427 ) N Q V 0 q 1 2005 TO: 13 ( 3,239) TO: 6 195 795 ( 6,432) 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. 4-. ZNl ' e ( o- sf ; ' > h/1 'v Re17-bi Li Avv L v WI ORD PG -7-013 3. rlc e,k) F� ,u, ' �� e, 7/3 4.� 5)5 I \\ �� 0 . Qo l � 5. 6. � L L) 3 � / s' 5/ ' s S 5" 7 6' ° 7. 3 7.$ /'71//7 ' � /AZ, 8. 9. Ap-e 7 t S d-IF ,)7L /T -4- l}h ) 9 gOT ' 11. It5ktodir, (7D5 $4mftk Y1u 5 . gceho,i gro g-,�?-J3-� r + - ",y. 0, _T OS 18: i,,/1An ,Ut?a Al(t&a0-&A -O3— u 20.Veit,Or I lk - dn 9filtdme 5w.5 -PL. j 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. 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. 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 FIREWORKSSEGMENT: 28 CONTROL ORDINAPSECTIONNO: 832 ID: 28 y� SEGMENT: 8 SECTION NO: 196 NOV 0 �OIJ� FROM: 1 ( 3,240 ) SIGS/SEC: 7 FROM: 1 ( 6,663 ) SIGS/SEC: 13 RECEIVED 196 TO: 13 ( 3,252) TO: 7 ( ssss) CITY CLERK'S OFFICE 832 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. attire Printed Name Address Date 4 N 1 � �-1Fcae j(927 ME Z45--S.-- '- 7-6 tla4 � �� • ,'1�� 05 t _ ,� :� �..�:i� ` y--�Y .-�■■�[! r�- �sa� -Au arer„ r .. S'c I ce/ Z O s 4)6 ram,(3.6 '47(710 5----- . - - s - =__:�_:�_=...l l R/(0--q =five-Y6 -- las--J 7. lY/G.rGI/J /l'/li44, /Gc /� f/cf 8. '' /tJ T,- i e// J,ZV ,JC /t(`k`col" StoS6 %7770.- (tYtl tavy �7r��/ /�(� 1slC—cl �� 7 --�- am v g q .Jf�1/6� ,�, i r i c_ 3 'S�n vl s o till t7 3 0 v 1U C `� r/ l o S % - s 11. USE8 E P �a n:x�azr'€-eS •Nb 9 `3-9 7-g --- 1 . ;1 E,Q- e • - — - O,�/ l5 t�cy S +`3S l 15. Kle.A Li 1--0 P E9 IS- kr CD+ cp 71 OM— meakotu, tc. L'o t-t PG. d /��i 6v0 0Nt-s ✓� .ei 'r jCp -7/Flo 1 . aw l / A)W 444 V 4V 5,0,A 2w q 7/0 c 19. Ildri Adult.? /Do ,t&.0G� �ad s y 77/& 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. :ITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 8 SECTION NO: 197 SEGMENT: 28 SECTION NO: 831 NOV 0 1 2005 SIGS/SEC: 13 FROM: 1 ( 3,253 ) SIGS/SEC: 7 FROM: 1 ( 6,656 ) : 13 ( 3,265) 831 TO: 7 RECEIVED T0 197 ( 6,662).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. Signature Printed Name Address Date ) 11/+- \VI\PjL . -111\il-re2 05,6+012- (c2-7-s—c-ceD5-5 ,oS 9 2 0 • 3 ( 7i 2 ( &M/ 9d/ia f llsd/ 141J . ,itAo `Z 5Gv„ poofe SbZ) dvL= , ( -b- 97 g0 7 71/7 6 • . -r> r = = pc-,p.r_ -6_ • z 4i q" 12 HNC -1 aShatl 110E 7- t/d I( 01/4n't 'Ffe)_g ) eir(c7-(2)/72 8. J 9. _4 , c IL . 1- IQ* LkiE. 1,5 7-7-0 10. .i#_ / , __ — p� • �'.iI571�./r /fig/OVA '"/_ L/1 11..Y-._.. _ �e y jG--!-- 7 et 12. .� ,ts ' 0 c . c. . 11 D ' too /tJE . .7-11-)10 d.111 �� ' , _ 's. --- -- - #-. acM,_ w_LCCL. � . ../' '' 46'4%0 cO 1I7 h- Aillr-1-5. � r ��! r_ ��4 v�. - ��:� . �G�'J�%=A 1/ Am,ripwrArw7 6-1-6 -1A .A3Mr/ e r.7._ t, - _s- - 4.• 8c77640:40 / ' , 0 0,oveziT rto -Ltro-./DSi . 44-667 74 '6 20 , ' , '.1• ,S L 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 ORDINAP ID: 28 SEGMENT: 27 SECTION NO: SEGMENT: 8 SECTION NO: 198 794 NOV SIGS/SEC: 6 FROM: 1 ( 6,421 ) N® q 200 SIGS/SEC: 13 FROM: 1 ( 3,266 ) 198 TO: 13 ( 3,278) 794 TO: 6 ( 6,426) 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. Signa • Printed Nai s Address Date ... /.44(._ 44 k .1, Y 1-\AC�� ,c, C Q kKro-- I?L..e _._� 6% Cal .r /�_1 (5 CtA v5 15 vt&c;r-.1Ave . J7°( ., , 5. &bk 24L # 1, -1')1 YY ) U j oti .W co � 15 IMP 7. f i�/ /�� 30 gCY,I1IQaL_Vo.RIsoc 7,A17IVt46--" — 9605.- 7.; i 8. - ' —/ 0-1 �'� Ad OV ?� 1 �� crk f • ,41. „_..., • ,i4,7,4_5„74_,,,,_,-,,,4—*4-1.-r--;a,/—§-- ---- '• t 10. 1� �., 0,�G, J //1, �, . /�5` jiT �)�.fin; r ......x 0�(J 4 f V �- Ii ( 11/ t ,4_, ,... ✓c�ir�,� / /�'/I Ii.ar d ,n .•1 /�v! l��f� 9,. . s:0-406-14140,t_ . — 1/43--qeda- - -16-: , (1 1v2 -' 14. t om, ; O - w --mots vpi vi M 1t .//. 16. "'` ',i 4 —' c--- gill t-Q, ,�.,�' , jam' t"�' C. `t C � 1 _ 1,• 'jjiOirro,.. 5 e ) Ai �� 18. cirm 04 .,; j 0 Z.1 q 444e ter 2_34,/ r/A sh2/I A..,_ A/1; iZz itv;?I® z ?j-sr, A.i L F r /� e 20.-.,ie` ` 10./t&\ 114C) i Joel/w i iv 2 --/-Aid- t -f s r6-4406.61.' 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. • • • C 'OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINM ID: 28 FIREWORKS CONTROL ORDINM ID: 28 v SEGMENT: 8 SECTION NO: 199 SEGMENT: 27 SECTION NO: 793 NO V 01 2005 SIGS/SEC: 13 FROM: 1 ( 3,279 ) SIGS/SEC: 6 FROM: 1 ( 6,415 ) TO: 13 ( 3,291 ) 793 TO: 6 ( 6,420) CITY CLERKRECE'S VED 199 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 f • it , - -• '.OVI `;.1wd: ✓ J iJ'�v1_ Clary �.T�rr11L: �riL'^ � 1=14)riip • 3141 1170Mlib / , //- i,r - ,/ ,a Lia A J 6 .5. ' 1s `_ .0:3 -4/1 //PI O'' f . 71 --ji-r ' ' ' w vtrit-4 .01- -1----air A I 11........ •, Vgi:2-( "4. V ,_ ,,,, 011(0 1 If d 0-9A 97,-VOC— _,4", _ _euw, -49------5? ,, _ _ Avoy. 14 ..- .---47"1"--hir--14'''---'1-- .-Acia_fiiil-- - Ater'4:., ‘-. h , .. . E9--- --e5-- .. en „Roy 04,t,p. ii./1_ 0:101 10._ i 11;1 6il.i — . ,1, / ; k 4Uc 5w 3 - 25 -05 Mg IF lifirlIC 04 /I./ Fir t/ ; 4; 32} itig ' 60 ( V 51-05 ‘"---.`-1 : VIIIVRPErnmor --IP.-- 111AV-I ' iatirluiliaL"Am. — 4 e-1- -, • It- /- _____ I----6 - % 13. N jai,'-1- 1 . I re r .p6 C / CnS2 /- 6—CrS S—rw/le Q 14 0.,), 15.9 f , - - [I a. . r �qaSl�l �s -as-0s 16. #(/. ear 6 I►J 7 2 Jr y /o 1 Sy - , M//6, oz( g:2s—&r 17. A N1C\OC )6tON\ \L\G 174Y)<.\N`Q-VU —2�Cr 18. s.i�' ,.� ".01/;r/T2 i N7 �' l V 04,10avT P1./I/, , i.. BSc 19. '/ e 0/77 cefril 303 STQ&76/r f//J-e P F—,?s-©J • 20 e-ME s/ O P 1DO3 LK CA 0 N Aro3 e- -05 gajipaq LiA 96i5516 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. fr 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 CONTROE ORONINOP ID. 79 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 27 g,409 ) SEGMENT: 8 SECTION NO: 200 SIGSISEC: 6 FROM: 1 ( NOV /1 FROM: 1 ( 3,292 ) TO: 6 ( 6,414) i/ 1 2005 SIGS/SEC: 13 TO: 13 ( 3,304) , 792_ ------,__•v RECEIVED 200 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 l Date i , id-G''- Lam: ie 1�6�'l f 32V `d'—/gS' 4-1., ''�' I o ,5 3 110.5 '' �, ,�c��tv° .J�G'c�r�.� r �(ter c ��(�15�<-! G..�! 7 /�lv�;i! �,,��.•L S `� 4 ?r :11/, / v14,(// .T d in P~1 8 411 it ,- 1(G.i' S r `5'7e. �2,___. /3./25 5,fi7t e= A 4 ? ��aii1i 4. -` r LA AA/ 7/ to S" . 7. -4_,7,, ;,,,,r i e . 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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 RENT6N CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINA, ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 8 SECTION NO: 201 SEGMENT: 27 SECTION NO: 791 NOV O 1 ZOOS SIGS/SEC: 13 FROM: 1 ( 3,305 ) , SIGS/SEC: 6 FROM: 1 ( 6,403 ) RECEIVED 201 TO: 13 TO: 6 ( 6,408) CITY CLERK'S 3,317) 791 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 1 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 4,91 2. • ) �- � i 7/60, , ti p 4. U 00 - �o,�L Btit zit i"� ly i EL--- I. ( j,; G(1 I7) I 5. al\ . K4iSS-C_4/ C,Acel\ti•---_ ,L---'4k-STC\lvn(\. __ - _,1 1" Ar � , � � �� 7. •�.�:r_sor : • 4i9 - lG-lam✓<r�9 �� a 8. �,��- . . --- _Pe:-..,i4,-15" 37 ''% /4 `51" /.�•i.. a 1 7(et' .5" 9: j au. .ko I> /l c.e NA t + E , 1-4.13 c G- r '7.23 ee k A ve. ry C. �j'FC15 10. , O' I PcoLee_ ® 11. • 11 1 \W-sAvim 66 V i (N &M" '1 )(NiE , `-�' lia7 kis— 7/ l2. ' �,�---. 154S (1\ (�2) W Rf 16 / Alo� 4 A• 7J �N AJO(fi/. h/r / i'll,-‘,-- ' -07 SZL) ' /0/_ c,i':- -I-6. — 6103cf, . . F7 (,-f,..6r---]-,4' 9/z per, %1� = • 18.,- ti' 4., g eot ce. Z6r /lw 4 T� /1 )eA G'" Q "Ara 7 I-1-9. rAli - - - - -O - 5 ��-- =-- 6--Witolbc-- 20. ' — ,LL /c,l(SL 12rCk- ( f`fi(11c41I flv?. 113 - -ei'I tuA. gt9055'9/14'/h3 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'rday 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 aITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 8 SECTION NO: 202 SEGMENT: 25 SECTION NO: 714 NOV 0 1 2005 J j SIGSISEC: 13 FROM: 1 ( 3,318 ) SIGS/SEC: 4 FROM: 1 ( 6,031 ) \� TO: 13 .( 3,330) 714 TO: 4 ( 6,034) RECEIVED \ 202 -- - - - - - - - - - .ITY CLERK'S OFFIC 11) 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. 4,4 Aa4,ZIA 'I h ebxyAv 4 ? _derS 545, s , Lvs sty 3 ) 2- PoN,J AvcS,1,u '1-Q.2.a.3 4. 11.A.9ArfAVA2 *IVlknaQ �ci(c�IGll�l� t2l1 3a4rEDO AVIVE -1I24Z 5. & QrSo 60( • 05 6. fr1 carte tit�i��n�C_ I-/ER�Z y,�. ,496 9T e) 7. 9 _ t FE'/E D4 ..22,9 I if/Cs Io s, -F. / 8. Sc6A 2-35G4rsi,_ A-e ;U Lk---\ 1E6 Z zf`r J /9. c ,17t C_ c7/6)l S 8f ,c( P LAti �8e 10. 7aHe L. Se aItL 4.0 o-otl 9Pos;C`- 7- c • 12. 77t) � 1v') Puvid4 ` ke/t)e f/s L S 6/4, 9,Yesc • �� /? _ • 5--6 - 14. 1 _-1�,. J�-�itic� K�.�lr' �,h ®�✓'I S � Gt c..� � � k�-•-��^ �SfO 5 5 15. X`Jp iV �'i �. P n 5 tiac 5 l�1/��iabiS Ave 7 S . c�aco�i,�� ict lyr o ae„,,=6,otuA--qzio 17.It#0194611104116 * 18.Jut I( snot Fit idtoac " 13 3 Index -PL gen*y 78O569 G <1 V (627 �(a b 7P)S 0-2-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. CITY OF RENTON / CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINM ID: 28 FIREWORKS CONTROL ORDINM ID: 28 SEGMENT: 8 SECTION NO: 203 SEGMENT: 28 SECTION NO: 830 NOV SIGS/SEC: 13 FROM: 1 ( 3,331 ) TO: 13 ( 3,343) SIGS/SEC: 7 FROM: 1 ( 6,649 ) RECEIVED • 203 830 TO: 7 ( s,s55) 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 tune Printed Name Address Date ® 1. `--- 1)) 1102 rI ,\I 'd 1Mti D•ic A-1P5, i 7 qssbytp aI JAL f(or 2. . tie"—AL .i'i 6— -.- .A a -- G .ems L )--- 3. Vi' A ' tfr\ °a - 1,v 'ON L) �S�-God (469 ci 2f (J 4 4. Z 1P1,2,e _ i % / "Pei, c 4v 4J6 0 y?y -cr 5. /4.1 / / . Cj�(�S i f C� /z._ 4/5 f S 3 ICY( WAi oS 40 „x .Via • — ' - -)- fir = R'W s. ' — ( 63 //99 ;Uu.4`'e)( , 6--os 9.. i, 447,-1 b ( m [3 Pot! o Ki vk c wind pi. Ki E 10. � L V a- A !Z5 �J f� / .L 1,1. C �� G��'GIVIX/V l r�Y;� s . d,I�1(�I�l 35�� b�h S-+ Eti / ' 12. .. f -- \Jo \ ��eI l� 5 v� e. 5 �l 76y ' 13. , /al«.+��.Z�{ "t Je I_ Zla l 4:0,, t , 12p 0-2 e 15.(7. i CAt:`t' .�t'D`✓C�j Sig e<+�A✓ et. arc ( '-W'i; `i'Gayg9.-Z'-o f N(16. /i- /14 I Nii .A1.,cI E: / 1nI '-['it-Rxtti, MA& : aso.51 . 18. • i N c R. e r r , ,,- i, -2. ` 9�9,(,fez • 20: : -11X=X �: -- r' f - - - -, ,- -- 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. • 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 actor 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. w 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 olthe 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 Y OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 q -FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 26 SECTION NO: �N O V 0 a 2005 SEGMENT: 8 SECTION NO: 204 757 SIGS/SEC: 13 FROM: 1 ( 3,344 ) SIGS/SEC: 5 FROM: 1 ( 6,217 ) RECEIVED 204 TO: 13 ( 3,356) 757 TO: 5 ( 6,221 ) 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:-ature Printed Name Address Date ,i0 1 � U � c� l�ltr2-(� f 3S cc ��. 07-63 -or - Aar_,f _ _ 3- (97._,93- 1111 ‘- -4 /1P1' 1 AA 4. ,_'� /.� „� Q " /l/4 ,i//J Z 22/%, Z%C) Vt/1- 7,/zi c. 41,46 56 3-{;,,--- 5 , STEvalu L (ac Zoo Gnt�rt- Aug S os "7-3-o S ,- if.0 . / r ` —3,0) 7 : —, tJi..t (yam aS b'36 1:f ea.)0oL ►AL' . rV '__. -0) 8. i 71-`-‘pla C/0 0/14:4-1/-e /// , 6 tr4_Le qA___(6' , if'/1_- „, y. — -.�- -=-~t urf,, _ - -_ I-, _t-. ` 10. /Pi-r S it qbc UI ; I q 11. ice` p/ ip s-AC(> 3,s— O•rv1Ou A-arp- v' Ai 3 4f c' 1>t- 12'.4vir - 13. ---. -,--- -_-c.. C��,L— \' n/�loti < r, S1,15 NE �-i cr 07 -01- )00f 14 fr,e, ,/I/r^-a, per/5' rOJ- 7 e 5,S9// A.l; vic t 1#/4oS Re,-/-- , ''c(' . ' - * ' V . — 1/1,---e4r. v .'-.4.-47-1-4''---11-1 1` 5. " 1 , , c- -;./ ...41 Af yo_6702.4) , (0,.. , , ( ' r p vi' , f w' ' -------. 14' cealNitaists, - v It% 4 kt Cl r ` C be ' t disc 36 1 - - 182 4- .�' ' 1 -. VA C6A-11,1-1 0 i 1 A)?6 Pi- /V E 4411-1.0 -,2-- � 19(7/2,7/1' / r, ,N / 11'-_ ' 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. 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 FITY REWORKS RENTON 28 FIREWORKS CONTROL ORDINAL ID: }N OF RENTON FIREWORKS CONTRSECTION INO r ID: 205 SEGMENT: 28 a SEGMENT: 8 24 SECTION NO: 674 SIGS/SEC: 13 FROM: 1 ( 3,357 ) SIGS/SEC: 3 FROM: 1 ( 5,894) NOV 0 1 2005 TO: 13 ( 3,369) 674 TO: 3 205 - -- -- ._ ( 5,896) 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. Signat e Printed Name Address Date /2//66." 1." 4,4 i67.0'6 d' 12 op ' ' 1IY% _ 'ifs S AC)e • 4. Let 14y-el\. hfc'ele.-/ •E, 7 p.z.) ktere.,21s L/2S- N 87,04 r.iTA fiW WN1 ` t N Uy ftc, e- I r�33 ��e ' � li Tls 'CFI fF�� r-�'lif t=_ �N f"-7� 7 1 -J l z I (( _ // 5��- �J � -z,s 7- L ia I ysmc:^. er ✓;RT 1 8.6S 7?'n6 3:1'3----. 4,4c (7 T-�� S— 10. .C1e . c.Q / i c.... Tr kVAV)0rso \ L1'AS a U ui 5 wC' `4 sl c---t(� Ke�t(�ylrr 11 i4e0 17q-mig- epvt,1-, vo&s-- •)(e ?jZ" 1V1)N -119 a-/7/�` 7 15. G `- - — G ,,, (7 4 P 17 Iv\AWilick -6�g t�a It Ave,IVE 9S®,5-'!p 7 3-0v' ‘'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. r " 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. w , CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 8 SECTION NO: 206 SEGMENT: 25 SECTION NO: 713 Cti nl OV I�n p2®®5 SIGS/SEC: 13 FROM: 1 ( 3,370 ) SIGS/SEC: 4 FROM: 1 ( 6,027 ) 206 TO: 13 ( 3,382) 713 TO: 4 ( 6,030) 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 ©J,� Date ,,, ; ' , , , A 3 00 -05 1.,��.��}. � � _� � 1 � ► rr lit L u Asti � �'i C� Pid 4--1)1'u3 P 5.key ,styli;, 513 eeetty Awe u-f&- 9&Cs AAA A.. 6: �, ez e — lr�ez-(4100 e-az e./ ez ( r7e.4v2— ✓u.- �5 - (rci5 t-/..._ YSl�l..a!Si Ga�l�w�aTl < �.. �1 -r+: r..;- syr=- -_ 9T .. a -• - - ( l� 8. - 9. 5'61U-14 So ige NS w '76( A/ f - S7` 7265 6 7J( 11—TUT AY0 37a ee A,f. 5 V-C. 7/f(c5" 110)-5 �' 12. i-�•. ./��.,1�L� 6-1;,/t�•�rrt�i � (I In r71,� 3 �/ �'474 N ram/Oise:�l/ tY, K-s 4, X- 4 13. sCitOladv, 1.—iP-II`R .B Gov, J E 5 ri Ckct�'s `k, v 5.,` 7%/) 1 ucke. Mot SoV; 7Z 1-5. 4-3- _4C-1f;6 i fit, _! - J_S(o-�`11� - -1-17-0 • 16. Qw\ \1 %v4 2i1717. NYt"°vvY \lI S \�ti2 U, �Ne- ;5 . 9Qucc; J 18. C.� � EuttiiC fj/P /y /�6 j pf _e , 19. //i /*'. ( 53i/ 4),g 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 otfireworks in a reckless-i arfner. • '• 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 y SEGMENT: 8 SECTION NO: 207 FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 2005 SIGS/SEC: 13 FROM: 1 ( 3,383 ) ' SEGMENT: 22 SECTION NO: 538 207 TO: 13 ( 3,398) SIGS/SEC: 1 FROM: 1 ( 5,616 ) ' RECEIVED 538 TO: 1 ( 5,616) 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 TIIE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature , Printed Name �7 A �)Addrresss{n /�/� (//%Date X/ 1, .'(:-/-/ - // ''''' 4/ 2 I ► ' 4_3W v f ' . ' _; (/ 42 3. : ffi r 7pA i 64& =G 2/06 if-7 / _ ..._ OP, wt _. -- — _-i . _ ?_i . . 6tfJG -0 5. 1a, , i ,-G1/4 r't.Go i Icy Lh A). t Reiv-fvn tjh ' //(,l6. • 6. a : I ,o l • t1 /6 "'f '-< ,A g I C�'Ac„_,S .flcLACov 5 LI b 13--(,,. ,.. At) s. AF-kr 7 ems--=— fig t.�.44 - io 6i,ad. C.,g--)441 . y Q 11,4 -r-owl, 5.09_. 3..egc. 141--A-9--,V1 lit., '911(o IGc if: i i 12. %/1- ',.—I_l t ej / 6,-4 t 5 3 1-1- `> Gvt 111 Gt ije 93 C �� /I 0/65 13. �. ..11: r lfi: >— ar, =- . 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 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: 8 SECTION NO: 208 SEGMENT: 28 SECTION NO: 829 NOV 0 1 2005 SIGSISEC: 13 FROM: 1 ( 3,396 )' SIGS/SEC: 7 FROM: 1 ( 6,642 ) 208 TO: 13 ( 3,408) 829 TO: 7 ( 6,648) 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 'J d10(fi lx7rfil ` ` f ' ) 2 t / � �-FL /Cl1/AI 3) G. ti 3. sLL ��}�SS ado ��IsS);T t��p• `fir �6 J _ • v e9-2®/e /c/(c d�s� X.) 2-60 • r• 8. 4"61:11-- C/C /1/4--4-/L /&4‘ 9. / cDo/71 /�u b 7 Main 4-1e-f �f�/ ±/7-d Ji * ,� •M'a �4,n \ fo • 1 j ( 3 c tlepao OL (16 f', 5 l )-oo') 14. &III60a0K 1W q Al •Ct-f FL 894e-OJ 15. , MW1 (1',\•t 1h-51, YPhllk`' 1 f‘POJ SD A, \gam • 16. Idet Sz c', Ott fa. �;�1 Ts -f i G s 17. , 18. ' arll� !3 k kl��S UU -tom s- 3 r g.�20.- / (I IT tilaa) 710i St) 5e..0i -i- OM, q e w c3 g//q/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, ecial effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas such assembling, compounding, use and display is a necessary part of the production and such person possesses mit 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 Q� a� CITY OF RENTON I CITY OF RENTON 1 FIREWORKS CONTROL ORDINAL' ID: 28 I FIREWORKS CONTROL ORDINAL' ID: 28 CITY OF RENTON SEGMENT: 8 SECTION NO: 209 SEGMENT: 27 SECTION NO: 790 SIGS/SEC: 13 FROM: 1 ( 3,409 ) SIGS/SEC: 6 FROM: 1 ( 6,397 ) NOV 01 2005 • 209 TO: 13 ( 3,421 ) 790 TO: 6 ( 6,402) 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 tc 77/�i � Jr 1.,-,,e..17-> - ,- 57 , ''...' '776 L'r 4.'i'f6-''_r 167 4,-X7 r• Z 4.c.i y,..-- 5 A(7-71 riri7b,v r;$7.Z., ,,.,;/6,5,_, 2. ('' - - 05 j > ri ;:ems �.� I. S �1 11 , jj I M is • •A ' /� •— iit.L.m I 1— l2.11. .r E.f R1-d td ." I l.:.L:9O!�Y1% t� i /l al�l4t: /.. T 5. — Awn('_( C2 'a �i• j lh /6 • �► �es� 1rifim LS 1104' t ' , J eA . oe . C� . O-i J ill,..(-- •i — 7. 444. ‘ ,f A ,z,1-c'is S i hici OS 2S- P.'E.- *)1,4- SI-- e...x.§(1,-\71 PS 8. % ' d` ,%� �_ /� S` _q /r � s ,�� 9. ,� �/ r ' �--F9�1 bvtifWaw- 1�f O Y/L 4' l •/ j, •-- Sd _// •.. C. C�cs f;� �. i 1. •mC(c&- 9_ 5Lt i( �0 (I ( 3 . �aYLt a&) :! zw/ ,.3/u.1 /ii/) t 12. De''.2 tit I-6I eLL 'p-e-✓ ° 1 c cj i 1 tint me., N1 t 'R e�r•l•�5'rl 1.�►{I • c' link n Ow-A* , , q CS13.. GL Ii I7P?Ye/ti4kI531 /�1�'- 1' . _ .frii 1, 3 or o 444 . _ A pa - . - /�ve%r `'l ycv:t' is. =.-v 1��il. i ►'i.�i��•iu��L,r►.�t -.-.*1�>ri<� m�11A`� ' 7 4'? ..-� rii.�., is y: _. _. w.i i„�: �rfiii .s .-mtw./ !« si• ,.- 69, (i t iT�lC'®:ragi'LI: T il%ILSi_mi n►.=�Ir L_ars' L1Lsi' aa .�. I e 18. 4 Mr.. .-1I L : ^ �^6c— �l 5° 20. . Ai ArtitIO S ' Ux , C(( E . t Ae, 9. - t�,�ov kp 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: 28 SECTION NO: 828 SEGMENT: 8 SECTION NO: 210 SIGS/SEC: 7 FROM: 1 ( 6,635 ) NOV0 1 20OC SIGS/SEC: 13 FROM: 1 ( 3,422 ) TO: 7 ( 6,641 ) 828 'VU :1 210 TO: 13 ( 3,434) - 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, .64 ` ( htt r I /. 'nQ , Gi2-g eh5/11,441/g � ' ir7/1 (5-(46/ 4. . I 'Th----0-d-- s. - `� 6..`-- ./6 er-iN k ,,,r,,t, .74 c S c. z Nt2 a ' 7/1 0 C- 7 .v -iie - / `4_ (evpi 5 0 • 8. �CQ o.ptC\c__f-�o.. +2e.r,-coon,WA 9. . . u kze,tno 4 efev fir. ?c i 7-/7/a5 10. �g eL >Uku l puA\C7 �k:h .S2G, c O t k. /.7 I \_ .4I.,.. + _. . ,,` ` l-tk-e 4, C- ' 361) NI 5- SA).- GT kzio A. 13. ...,� . -�..p - - .�. _ -Glez--_, . 5(77/vrif,-11_4 •_ __..._...&54-.______ /-7/65 - -is 15. i 4i ,A,- �k'�"l i- ,� (i i( 0 �3 k1- �w i gYc.s'� 7 e a' r , ---16, As.®9 --5 .cu-:t,C �—� S-- - -- -----javi-7-k-tva,:v-,(5-av-41-€(-7- ---/-‘,4474-k. _I 4-=- 0--d ---15 ---tU15t• PL-r� - 7-=z -- 20 a\P 0-10 '- \tali AEI P.1W . 1 .---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 Oi'CITY OF RENTON r<<' i`:' ..,,\ , CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAL ID: 28 ' SEGMENT: 28 SECTION NO: 827 NO V U I 2605 SEGMENT: 8 SECTION NO: 211 SIGS/SEC: 7 FROM: I ( 6,628 ) SIGS/SEC: 13 FROM: 1 ( 3;435 ) TO: 7 ( 6,634) RECEIVED TO: 13 ( 3,447) 211 -- .827 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 S 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;//f019�,2� r Vie X �E\ i t ctS66 `7-3 -o5 = it Q( 7- 4.C-- - - z•-t _,, ,,y0-- d-r--AZ/b2C(Zie .4/(36 -4a/17.4-7A. P5 A7,/ 5- 7/6r' s. g (:1 n �G in 1 �� e , Ale 990 7-3-5 ---- - --`v,- - - Y-- - /.-5,a---/ --- - -7 6_ - �:- - s • g V. e t3tu21C 3a ' , - `-l0 l os 9. I'Al i i: _ l/• s C 1,cL~J.s� j 1-1 4 1 17© t,�,m icr,l Avc /- -( a 7/ °e y /ll[: 2 � �fci �/ J 10. / €, ��1r3 to �` �a�r'IS lnSg fQ sc- 1°( +% �( VII0C ---�- - " 12. 'PM- _ 40 'C j�-�— 7j /ex 4,>., i'UE_ Y/ - 13. LO ri rm.. g i Goad 3b0 o J'Umoii e CST NE 98(6 7-c/'O -- 14. / Gf 1(re) (-bin 1'^ , 0 v-t f Ave (41 9L' - -[X 15. • 1ti) ��: , �a� -/ cardctIn 4I — pc 17K1 '.. 12eAh-oiU 9K0591fq, 16. - �.�� l4 Vas 3-C15 --�-- _ --��--5.6 �6 i T 6 ' Di,r1711 tla 5RD f6 0 1)1NC/a AO 0 -._ ptuti-m 92-9 wqA ��1' 20. -o s l=l ch c Qc heviel s 1 7 `ON ,sue 0 L-1 f 42 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: 8 SECTION NO: 212 NOV 0 1 2005 SIGS/SEC: 13 FROM: 1 ( 3,448 ) 212 TO: 13 ( 3,460) 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. Si.,nature • Printed Name Address Date 9 WA0211.1 ° R'D 6 ZI b 3.1r,fit/_ 074,go -/1/liq-7--it Stu /7/r rfltg- �. Wea) J-0s—. /4. j I_ ' LAI TE`Z.ECM -13'R11,101A1•A I9 � ti o -1 A v' NE ti °�M6 $/Ll(/ 05 5 fir o,A SGPP�ni-�o ll�� 1 y 4 z. isgerb 411 or 6 „TribcpA&, t;tnrkoiL it(414) c6iir O f _ 8. IAlm -A301 161 gp 6 w..a� ( ,'�/ ,&! ,. 91 ) 1: •�11 .'_ MA 1 1.16 . /i 1 'l 1 qa,• � a( lI 10. z � 1 At ; !' l A� O d AA,. h. ''�'1.4 f %Y� / /LDS , 909 .f i v /dda At' /2Ov cJ O ' AG G 5/01 01 12. • jiciri5 uv\ l4AS bialilf-AVe- ievt-tone.4,, 13. 14S\St n r� 3 IQ►it. 1 `/ 14. $ I Jo! 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 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 S 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. - - - errY OF RENTO, FCITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINM ID: 28 NOVSEGMENORKS CONTROL ORDINAP ID: 28 JYU rl 2�C,� SEGMENT: 8 SECTION NO: 213 23 SECTION NO: 599 SIGS/SEC: 13 FROM: 1 ( 3,461 ) SIGS/SEC: 2 FROM: 1 ( 5,707 ) RECEIvEn 213 TO: 13 ( 3,473) 599 — TO: 2 ( 5,708) CITY CLERK'S -=--,+CF 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. • SignatuLLON e Printed Name Address Date 5) ite ,',: Va-1 eNk i r`i i._� r�� .l��kt� �'`) �..� ...C,.m� 2. �f,i(�// .!�/ < . L/ • 1 ►1:1, 1- V v U d� / %.J(./ (;� 3. c �, i ,w i„ (1 �i 1t, fly j"t. ✓� 12/6, I/J Xts-tU' I Cyr - � 3- 5c �1-3�S 4 tcl 11, 6C ).1 -trk \„sqi.-a\-11AtALSIcaul A a f(6-m- gie,,1 rF j q r, /4lu S 7-3i-OS 1. • ,.4"/ . , z. Leffk,�J � ink) J ;siIfo- c JeAl ��, -,ilei� oisIL 1.?I1)s• 13.y�a_ a_ �4 • • V L el /7 5 dizi pr. -- -- 1/ o5 fr- . �� < V.-1/ t6r\I\ �. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAI, ID: 28 ' SEGMENT: 8 SECTION NO: 214 SEGMENT: 27 SECTION NO: 789 NOV 0 1 2005 SIGS/SEC: 13 FROM: 1 ( 3,474 ) SIGS/SEC: 6 FROM: 1 ( 6,391 ) TO: 13 ( 3,486) 789 TO: 6 ( 6,396) RECEIVED 214 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 AF Printed Name Address Date • p!/� "f �r vAaRhilffr�:II[l• ii_�_ti.�Fit.. is- . �i,�CsaIrLCf_•1�7RiG�JI //I'r' 2: ----- ---—6 kr:.—_----F=7r,Fl4 3 0` ' ` II""i OA\ le, -701--�'- & t�-t�fd- Y'sr !-- ' - °/rel ; 5. •6' , : �YI_� / P t . , . I .' i► l i 9� /� 1.,,,W, �]� C% 8. - -2J C i/`",,Owf 34 11( M --r " (c5' gel3S' 9. .e-f /.G(A. i911 �(��1Q �J a 1 iUP E ' 10' �Q �i,(/'Y� �(W..-6, " i o. Fi( 9 - l 4-f3J/ 1 i. uoff_ Y1�. 17u/- re !A fi ZG�3 ins»G?g -7/3/ 1 i r 7f5,/o� (� r , v 13. �, Z.�.kr_--- Zo� czi�5)e( C(5 ��CsL\r<,1 1j QV� 'W'IC`�2 6(Scc676). 1 t� 1 5 1,,,..19..A.,, 1 . ter... 6. ?,3 f..a-,..�v-, --a . q SSC S Co . I;1 J LI Vit_W ,6-'s ' n-c,,AiCk ?A feE k)e-C-rcis-9C--c-,s- ?, 4. r t S- rc-c�s�z 1. PO 2 L-Zv 6 ct s C.,. ,�\)�< 17. /YlbeA,Ote6?3 0"r ' .TiN(iS8- e f0 7e3i / . '4'�a . 6-4-fqq--.. -----az-7--eb-Abior _- _--.6-1:7-s-a-k--toiecleffic 19, .�� M/1 k(C �G-� r `' (tt ATo1 to we 7-3 oS 20. yti,,._ j� e6 A I IG.v �17.5—olhevdae A ire 4/�C' �e`fevt 1 '' T e 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. 0 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 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 °.-,t+e; 'SET ON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 8 SECTION NO: 215 j SEGMENT: 24 SECTION NO: 673 NOV .I 2005 SIGS/SEC: 13 FROM: 1 ( 3,487 ) j SIGS/SEC: 3 FROM: 1 ( 5,891 ) 215 TO: 13 ( 3,499) J 673 TO: 3 ( 5,893) 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. .•t Printed Name Address Date 1 y� 6 oo cl c., t,1 I t v 3 to i Lem 1 7//0 S' 1 4. (.,..; I, C=J1 C. . PA-►4 KF9J (.3 P61 WSCA► U Mr. / 763 5. f1ncc pe, L4 F ;3 i E lift) 5 71,9 e o'9-94,1 /6. —kit/ - 1 L e,22D $, j)4,1 ji„kwy 7 r ^�} a � ✓ the 5— dit 6iz l .✓" ,�L •1%. f' �� tx� ( 19a kAve 7-- // 5 - i l-H - . . ^D\Ae--I f\.� ,u WI.,� tD7 hvv� tore 5.Pa /—IHs3 013 10. .'. / ' '�' z f,, [ T 11. ' yon4 fo. I ( if �ti10 312\RA►S AV. S. Val' LW1°5 Biko . .; -1 .1)1-.14 Isa1-‘ 7a31 f .- - '�,L. qFc -i'- o S P 12z,c9- 5421Y-- Y,A. aUg- e_12.,,--46„ w I „wk.,/ , koo c 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 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. 1 CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAI, ID: 28 SEGMENT: 25 SECTION NO: 712 ®ll 00 SEGMENT: 8 SECTION NO: 216 SIGS/SEC: 13 FROM: 1 ( 3,500 ) SIGS/SEC: 4 FROM: 1 ( 6,023 ) 1 216 TO: 13 ( 3,512) RECEIVED 712 TO: 4 ( s,o2s) 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.8 2 z-e:4 pait---- S . 2.66I2,dlm,r-e �L �t3�e�10 . ,�> - 7--fi -0 5 3. ( - t-1,`,. 4. Y 190 %oi l - / 0-5 5. 8 (Aim- 'DC 1 6\(\ fM €----• / i/� 6 ..A Atit")-6.-1t, 1 - 7. -------------c , ,Th ,_ , z-.6 / 7— - - ._____-- . , ,, ,,,, .c..,__, r 8. / - >- . -7(iqeg7 _.-z 11. aarttl Lan 361 y A)E 1 PL oe/ravi4/.4 �U 9 12. 1z,e,1�I., k 6/615 C PC 1 ./ 13. /1 ..A - //' . Ai/1u � ��C '' ct •/��1 ' �7� �d 7_.�y,• 6jm--- �`' 14. i A- ( ` G(�lme-4- etl�b LSD-tts (2en, 15. ign 4�_y �r.0 ..1 _ &Ol7- Z A/C /27.2, ` G 16. �J 1 /*/ d f 144 I ( � i, � cytv 'c 65- 77 17. ✓ ,,v Z, O72 30 0 S v iv s ii g L c.�L N.E A-1 P ,LTA 18. ,C--- (.)161(tA,1)1 Z l l� (� ?i -��z 9 roll 19. ' -' d . 7—fg'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 1 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 CITY OF RENTON pA • FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 ®g �� SEGMENT: 8 SECTION NO: SEGMENT: 24 SECTION NO: 217 672 RECEIVED SIGS/SEC: 13 FROM: 1 ( 3,513 ) ' SIGS/SEC: 3 FROM: 1 ( 5,888 ) CITY CLERK'S OFFICE 217 TO: 13 ( 3,525) ' 672 TO: 3 ( 5,890) 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. rilic14 Gravve}1'6rvAe\ ipac-5-p cip) 31---1Q-0§7 — - — L IOU K /ct slc. 6 4. I ti ��-►, '1 .c fe y "5 G 5 'Yk t t l C-P. 5- f�6,j 5. Cece/ /WS c9/7 b/d e .45 ,27-0,5— <P/---'°S-- 6. C ,( (Qd�vA /��Ke• �%:/ 2P67//7/ „/ 8-/,_cis- .7. 4(t, , 8. ,l �fiG/` /ft ,' 'jG%> / iL&Lf/1 .ice 7/2 4(c9. Fab1 b0} !'1 r ris,2ifl S11ctyr ae ( 5 ( / 0 S- 10. 1 a__°�'#i7rnm,wi>Aiuiii uwr.EIll ri.emu. il.:ii .. .- �-IT s. 7f 1 .3a„ta �.Alk ►' r r• Pam. 411 ,de. . y!i;i 1 . %� iwA F—crti�_ �G� ►_,t/1i� _../i%% i.1iiir /r . P C', _] f 12. lb .,...Ji. ',fir)1^ ' i W 1 ( `i.�V ./` arll ( /�'. o'- 5� :_-1®�i7._/ /�Lot_ IIl% � �%L�%_ :J i ,'`t!' // r- � � r l�fl�s=��3�I�3/ram..�ii�." ,lil' s Air- 14. ` ,I.ri bit I+0G sag M u, avc s 4(6 POW r rgt-f fpr� _ i '4 - ' - AtI6Zyker—X-AVS-- —LS% -P—i--3ki-)4— ---- g ' ' 16. 11fig> / a Anne, HeA, - . 3 Cf s 1 Zet'h ia,i67, 1 8/12/05 17-,p07//7.,1,-/-7- /,/,,7 A--7 ,(;(- . • -)-4/, /;c......5././-H77 e_i,t7---7,... h rgc,-,:e- 18. ,_,_ ,,„„4/.'7(/-/ ,.:,, - 19. V y 71 —It ys� d 7 L+/R.l WU� s� �z i./j, k/lz7r S 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$500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 600.00. 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 CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 REWORKS CONTROL ORDINAP ID: 28 SEGMENT: 28 SECTION NO: 826 U`d NOV1 2005 SEGMENT: 8 SECTION NO: 218 SIGS/SEC: 7 FROM: 1 ( 6,621 ) SIGS/SEC: 13 FROM: 1 ( •3,526 ) 826 TO: 7 ( 6 627) RECEIVED CITY CLERK'S OFFICE 218 TO: 13 ( 3,538) ' - - - - 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 resident's 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 Pr' ted�Namet JV Address Date • -� r '1. �,rs r �,,�� if...), ,1,v lit t/c ✓r,� ` �� - V,VeIPIi� tl%Z T1+11~E6TIIlMl ewrs�% dJ��A►,r , 3. `i, 1 , {/Y1.,4,. .�' 0P- \A�Choi-( r (o h 0 r f R 1k p �t�� 4. P�.,--� find ��t v ACV $��Ct Li °7 ��,•r-7re.- S T I - ?- 050 E 4. i k P A !il__ alr r f��/p1I ),,cfrarrO 2Sa i/SV , �!2To allici',�Qi_y to (174 .— --- -C-1 ---tii------1--4-6J-1-0-- ' _, - ., . _ 9. 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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 ORDINAP ID: 28 FIREWORKS CONTROL ORDIN : 788 ptl ID: 28 pg SEGMENT: 8 SECTION NO: 219 SEGMENT: 27 SECTION NO: ®� 2005 SIGS/SEC: 13 FROM: 1 ( 3,539 ) SIGS/SEC: 6 FROM: 1 ( 6,385 RECEIVED To: s ( 6 ,39 0 ) CITY CLERK'S OFFICE 219 TO: 13 ( 3,551 ) 788 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. i tcw t'S ) leer Xta-v,15 J 2111 E (Ptizr A vpe Nire ci'v 5 7 7,--o S --- ,.-Q-1A -----Q-Ne r-----a-71-*----IwA-e, -7777. ---46-, 7—:S%--LAr14- - 1 --3T /(�k-is-ek L. am-` O15Y - " 2 _ 5 . 7� -- 4. - ----Ail X fir-, ---- - P_ (6 `. -9 G P) f/� Ol�cv/5. Ilk.•? 7' 41 `�/ ,a vo1I, ' L L . 4& Ifs (oi3 .E 1`7T . s - 9Yosg •J -©s :.,1L/ ,1. / ,MN 4It,3.og.,,, YAev-v.t D.5os Lya ;,s 1 .6. �1 %aS� -i -?PS" 4 o 0 ,e• 0 �• LI ? - - -6-L-jj-C- 6-A-144(1 14 16-_4_16-2 .P.L S _ A g'6S`1 67 -5 frl 11. k Q k w 4) 3 3Z9 C LSA ►"w bS c J d c 12 4 O'{>l 1 C1z o u five✓.ev&_ ctl 13. i e /r . r,,e- , ./, /1-3 b �,--d Gr" c �:. /�d1 J-' /-ze, 14. - l"'-/;ate O//. ' r4, . (- —.air_awe' n/` —``r 1 A - . ems" :1,e 1, G ,fl�1� `Z70 /V •C ter,( c g e-95-67ff 15.�- �. ` p n / 16. t i .; C,C c�, r Sc;,-� ��j j �y 17. 1,4/. .- - j7f}r--fr, � �� ,W 3 �ll- E, LV� �t ? v 74/A- 19 / ! ifC,Q'a'c'e-1I g,¢itfA1;// etell /9/rC ,,,I ,-/Ss 4ve= A/E Isla 7-9-es- f � r '20. ?11i/r 'J R` %- f tC;Wee.), `� 45 130 /;lD " 40e /uP 917--7-vs 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 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. 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. / CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 29 SECTION NO: 856 CITY OF RENTON SEGMENT: 9 SECTION NO: 220 SIGS/SEC: 8 FROM: 1 ( 8,853 ) N O V 0 1 2005 SIGS/SEC: 12 FROM: 1 ( 3,552 ) TO: 8 ( 5,860) TO: 12 ( 3,563) 856 RECEIVED 220 - - vv AKIN 11NCi 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 o �` .111:o , r.y s• I�i0 erretuir, wiiio op..rn g �k•orlmotigl �il -..2._-. 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'lo� �- raCOCA �� CA �� ~ QS 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. 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. • 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. V CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 9 SECTION NO: 221 FIREWORKS CONTROL ORDINAP ID: 28 NOV 01 20O SIGS/SEC: 12 FROM: 1 ( 3,564 ) SEGMENT: 22 SECTION NO: 537 221 TO: 12 ( 3,575) SIGS/SEC: 1 FROM: 1 ( 5,615 ) RECEIVED 537 TO: 1 ( 5,615) 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 envcted 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 /LWA- /U`e)) 5-#5-,MD K I S 5 !- -6S" S�GG-zoz 8-Z5-c c 4. ) 'kTA- itu Y- -as" yid I i C`" h-y (L. I t' -rs L ' 6friticri4 01_6ew 150 Redd, m At E. 8. ^ Z 'i6v6 gi AceSW 9. fir 0 t- ,,rJ 10.Qz3,se,A., 6R> 3Z .0n2A(a - ��Z 3'�. -)Oi5 &fr 05 1. ci G 7,4Z ,CJd7/P L! %peo'tei/ Gt/r�� .1 17/or . % (-2‘'z.x..\7>c\& DkaZ.- Z.ZzA, Stit,,-atyS •S ttS7°C--- • 1 '�1 411F xv.v6 e/.1 76ce. /v. S-1- -- 6S 14e ri'✓6r o ®l/1'Y�G-10/1dG v�`7 33S ,5r 7,76,es S ��- 15. F .- 0.cD077i 2 16. L to ,1 "VeeS� kliOk( l lr- V)f E PCI467 f wR 8 -zS-os 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. n - 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 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 % O�RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 26 SEGMENT: 9 SECTION NO: 222 SEGMENT: 25 SECTION NO: 711 NOV ® 1 2005 SIGS/SEC: 12 FROM: 1 ( 3,576 ) SIGS/SEC: 4 FROM: 1 ( 6,019 ) 222 TO: 12 ( 3,587) 711 TO: 4 ( 6,022) 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 i. N 1 c c ` ' `41\ 1�. 1 l\?o - ki 7 �� k�� 07 lac 2.. \L CL CMG yL ^n ci Q 1 -cGkzoci ' J 71011 4.,.. , t - iiV f�C� �/�> � �' C t f/ j/; J 3(6 e/ L/ij'X 7-:;Z iii 5. 1 \' ti ( 11 • 6. J\ r /. 8. eI�.c_ �7 P.�_.,-t.-----, LWu/,cc=_. L ,,,,/ t 5 his(cal eCr A air-, X ,i,;-,-- I. 7 eLs •J, 714.L `VV S eL-/_0.✓ .S /�vLe- S-14 1,-;5‘,' 7 --?/cas 10 n, / cx ,_, Ai A N C 6 A ' °V / 1. . % 4 /e-_ 7/11 I L) 11. 1 Let_ S:., ,o en 1 o 11,Th 12. / -1,Z�ei' 13. (Z4 r ^ tr,�y'7 -_i j/ii.� y_75--ti/it.o...5-. v-c_fr Ak„,, `r r I J 14 1.(_A-OL.. . ,z/ , , f ride"- °Aravicc 77S� �< J(<<,/�4 c..N ��t,1s (AJ iy I )��I). :,?, os /� G 17. - C✓i !' _ Vi1 , 8 18. ( I,(��'..c`1,,,6 eLitAt �- +* ,�' & att, /J,n__ i`w-) t�6 , 11/4 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. - Pj"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 Ip• 28 • CITY OF RENTON SEGMENT: 9 SECTION NO: 223 SEGMENT: 28 SECTION N0: �g �a SIGS/SEC: 12 FROM: 1 ( 3,588 ) SIGS/SEC: 7 825 NOV V 0 q E 2005 FROM: 1 ( 6,614 ) 223 TO: 12 ( 3,599) 825 TO: ( 6,620) 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 2.- 0 C ��-,� 1\\ + :� �/246S 3 c iwl .I,n fjrAa-[i9- G►2i?/4I 'Ij,1/ 1 -7 . �S 4 1/ ) h� ad, c 0-7 AM yt_ vs 5. ate e UJ) 47-Y`7 Iv ?)16k em440 L ( yL9z165-- -8. 44we ikauck) 40-6 (30,J,) ' .4-bAki /19-4 0,c —9. ei.��%M./rr S ,��a3�� L m.� •� / �os� 10. i ua( a .: • tad . Unti. awl 0_41q-z)N rliaLom- 15. 4A rIL--(4 it /rot 5 17. Prtzz.. , 71)-4/03--- 18. E avid3 04/AZ7 ✓w18 3g(f e 31 a Ia.... 7,404.Sf 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. L 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: 29 SECTION NO: 855 ep SEGMENT: 9 SECTION NO: 224 SIGS/SEC: 8 FROM: 1 ( 6,845 ) NOV 0 1 MM05 SIGS/SEC: 12 FROM: 1 ( 3,600 ) 224 TO: 12 855 TO: 8 ( 6,852) ( 3,611) -- — - 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: - 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 35.17.260 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. .7 'ck , , � .- di L. 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" `1•rQvo� 'mb .i IL-1 5\►�•U -1 �t. t) • — 'i i3 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 ORDINM ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 , SEGMENT: 29 SECTION N0: 854 CITY OF RENTON SEGMENT: 9 SECTION NO: 225 SIGS/SEC: 8 FROM: 1 ( 6,837 ) SIGS/SEC: 12 FROM: 1 ( 3,612 ) TO: 8 ( 6,844) Utl 0 V 0 12005 TO: 12 ( 3,623) 854 225 vvHK1v11V(i 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 .tta-r tiNI _Its •-. - •• mak.,— (ill'al** e 110iIIrVI.l1-�l.li i -- -.Asir- — - M. 11.111j1 ''' S c u c 4°t • 1 Fe sid�.t QueRC 1,c�� 4 e - f_/_- ,) - ' ,, .� ,L4l . , _ 6-y�-- -I ;s :—!4-_,�' tJl fit ,..A. sr, 44" :� . aS®' 7. �: �ti •6� K1�t vI � �n 37s'(A eve C SE 7P .7( - } 8. r, -= Cp ..-1 l ,1 r-'7'O J cra- w, i `7/i6/0 9. �' rarer t 'f l�,S abcA ne 2.-Pn StVI (p/o - 10 p . , Le -i 'e-� � �v= �� 12 � C1/1 N ,/� eD Lt ZS L i.�c�fi s ; ro/a....i— , � , 13. ,�ilvd c1leYA n. I L 05 0 c 47W /9c AF 7/,-C LS nr, 9 s. ,. ) ' ....\ 16 - ..-„,,g,_________s+ .+6_. ,,,,,,,,. as_ _ .. _ k --____ tkciii-L 1-SE-Y- -K. Iiii i 6,e_r_6 (.4a-io,3 L413 WM447 fircE N3E//4061 05 18. V,, IA- Vz rrs •..„ 57/ Li , vim/i' 1��- 1 63447/6-o 20. / 1 �' , L `ce -a i iJ 1 st ?//6,. Cam` 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 CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 , FIREWORKS CONTROL ORDINAP ID: 28 1 SEGMENT: 9 SECTION NO: 226 SEGMENT: 26 SECTION NO: 756 •NOV 0 ZOOS SIGS/SEC: 12 FROM: 1 ( 3,624 ) SIGS/SEC: 5 FROM: 1 ( 6,212 ) 226 TO: 12 ( 3,635) 756 TO: 5 ( 6,216) 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 0,6614E Date Lk) '1 I evUtt Y‘ar 014,1W4. 4.6(o 2. 4 "mtc,/ DA ( L t4 Lttilcc, rocs 1.4*3 7/ 4 '3. _ .!) _�I 1„ !� _ 4. 1 '� O � .er l - • S S 18( / e i19V646 6. 77 •- -•'' . r � ' C -� - S`�i� %.irL,r S.o SCJG (Ale-- I A u rffirfammuairesiimmilimmoww 9. 'Man ��' `� t`�� Ate / li - `L- e ur-"N 10. Y _4wion _wwwiffirmaymmannomniumas,ci-._- LQi < '�"� '� ' kj,✓f v . 9-vos ljulliomm.,4- "my- P JAIMPIFIANTIMPIMMMIlialiNEW 7/'S • ' iet•ZA 13. ��i r 656)1) a�01 • / } !/A // /7 �/7 -AIJO /�7�Gf,/ �� ) r. 14. Rtu-" ev sc. /totes ��,►t-.lj� Art itc � k,f6• Q/` c . 7/4/0( "elf i �Gd� r�63 S � ( K� 7177 o 3 a •µ .z� a. a� .s: `s —_ • — _ .yfii�t ,_ ` ) �— • '� : S rffflirfer L ill( a NIC (�Akale '1 AC/ /1 '7//•Z GS^ 1 r !d ar-76 'Ot) M-g !5 ' i / v5- , 7 itZ/o5 20. i -efts 2 r C/O/3Gr,,� (= .32-F/- �� '2 i) 1 S-os -71(Z/°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 CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 9 SECTION NO: 227 SEGMENT: 26 SECTION NO: 755 NOV 01 2005 SIGS/SEC: 12 FROM: 1 ( 3,636 ) SIGS/SEC: 5 FROM: 1 ( 6,207 ) TO: 12 ( 3,647) 755 TO: 5 ( 6,211 )CITY CLERKS SE 227 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 ature Printed Name Address Date I -hbvi t P G r�s a,-7 &1 -7 /v 3 5f i'e 7-1I'-e c 2. , lri /414//a4 rti �A2s'�l Sivt,t-Gi'I Sgb� S 1-4-cj 3. /0,fi(1Le, �5,,, - �aY — (/ „,*5- .�00-7 / DY/✓, %!)� $/ c- 4r:: _ % 0 �hT rr 1-Alt ,---• -,-----AYL.7_7_,-.--7-.-,-:‘ --,:,---,-----4-,-------_,- ----•--- -- --. d S at lz cam' 153 -. - - - - 7 l'7 4 1) /� z°-r� .::, -.5-- - 19i-Iztis—:Z(jar--- 8 ./ / rldI L i' // C _if , It, / I b . .///5JrO��IE� IZZatillI/)a ' 7.i. . '-'"t ..rl:.I riai�� -imi%iwAi Jiri�riri • s P 0 -47-1.9t3U / • / �1 • rf LJ11. /4104 04 l7 /tat r 12. ! C �)dt� 1-13 N I �I 9 lI[I l e. ►' � . avicv iS/U0' 1 L,LI. _! )ail • ( `05 '1 -GI_ ! 15. _MEM.1.61i• ?1:' ills/ t ‘.r .'l‘ 1 1 J o R S' L! 11L' Alie . VII 16. ' 2a:, rig b& .. A 1t .► ' A I s 1, it[' \T. 1... , -61-1-L 1 ;. ' - - : / A 'a_ : ,1/ _` 4 - '/ _, r'e r - vos- 18. 7,% T , , ' IL ' -7S- WJloN .: Set" .bS -5-05- lIntinirs, ' It _ - .—cS: 20. iVal_'iL��` ail ►UI i t 'r; "wU�� .. ►ll /i .6- 63 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 228 SEGMENT: 9 SECTION NO: FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 2005 • SEGMENT: 29 SECTION NO: 853 SIGS/SEC: 12 FROM: 1 ( 3,648 ) SIGS/SEC: 8 FROM: 1 ( 6,829 ) RECEIVED 228 TO: 12 ( 3,659) 853 TO: 8 ( 6,836) 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 ELETION 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 F4 LSE 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` _ - n. mil. 31 ' i - J,;-, 2. ,• - a ru a, ' c.K `/7 O a" /U/5 /gfi lit 4'!# �a'e�& 1 /.S^O 3. - `—✓(,' 1 D tA1 7 l41)-peck-ki AtiE vt:-- E-(",C S q ncps 4. . s- .' , 1fi YL(-ISMR- fN g-Hn&I�-'>�'.�N Al - 1NE�tlbi 6esb `1 i O I rs 1 c 5. )N 6Lit 50 1))9P 33 IA) L PI 9 1c ,A.,01.2.0, _____.4144.- _ _,.2 74-1.--,-Pr-Q4---J,-----16A--7 -1\-.7-,--/A ----y9-11--- -54----g.- ' - • -- ik--I tO.9:1 7. 79 ram. lr e frl ar vAlti e.4. GC / A,J rk5 %-,_rl (h Al `�� G g I ! ' ' -_S u e re (2--iZ` 4(/3 -S 7`e ,i,e-.,�s- /2.e ry - Z U 2 �`- � Pam' a9OP_ �, iller✓e Pach�� / i% I 10.`� w1.� v iv-e4.1n. 64� i A;J< "s I dkJ ( )` `., MS-- 1 1, ifIfO s er' 4214 �J s_ - fe T f 3 pizA.._.t_6. T,Ca .._.a-1 D ui >,t-1 6 — - L .,. /. ffil —1-3._ .e.aithii .:,----v'' A. s' -* 1 + ,b- lv _ zIt ' `_--i -—111W4 14. ..._ ..,...- , ..egrff...„.ti .7. • , -a • t , , �, ✓ Mr.." -" y2it! , ,� ��-C.• 1. `..d,• ; -.— Ir too,:es, i z,- _, ".''''''l 67-(— tow" G.--11-C- kiry,---4---Be..,-0,-1-re-4/1----c-_-D6-054-----73/7,,,iii--- ---- A-,. 2-.'_7 -v se5--_-:. P- Oh 17. ii(114 t V - -‘ A 4Ji-14 iV/4 flAC/Juf,.0 U 15I N.E, it sY 7N1 TQ y p He's-6 18. it/��ul+(r��" ! %24.- i-� tf a h r t e-vrbeff u l Co abt iv, . i'4-a I , 20. ---...---- ------- — ,Avo..,),„_. -w_ . / / -.).?,g,-,./ , .,bra .,A We, 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 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 ORDINAI, ID: 28 CITY OF RENTON SEGMENT: 9 SECTION NO: 229 FIREWORKS CONTROL ORDINAL ID: 28 NO V 01 2005 SEGMENT: 28 SECTION NO: 824 SIGS/SEC: 12 FROM: 1 ( 3,660 ) SIGS/SEC: 7 FROM: 1 ( 6,607 ) RECEIVED 229 TO: 12 ( 3,671 ) 824 TO: 7 ( 6,613) 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 . (41, 14 LI /0.5--- -/2' ' /O. ' tAki -nnikrfn Sheyr�y0ls/ )i.it �A ' 44/ )4/a 1 ,t7i fit I : ....,w_, i 4 40 it, -:-. ,. % .-- ----- . :_ . __' ' I — ,Airap : ., • • / • --'. "t��iii-��'i�irr�lA�'i1�o �_rf'�r%/�I i1l:�r L�!�' `�/1.t�iT�'�� .- -f� � ,: , 5. " / t4-or a.rt nflinrimv lc'? &r- ,&-1,,. i q' 57 /6- fq5 -- 6 , . .,�, ,_ � 1(11‘ Givo 600 Urea[ Pi_ �!C - /O - '/% 4S __Ozli-e_ati_igarkE_4--- --.3y-T&I-t--.64-1-- - '.- '' ' , - , Ihepl-A-c--c-1011:01-4-alt FeA-L-Ada50-04 : os 9111(154- -- tor:- 449- ., 61. i/ ) "� 1L• t, ,, ` —1 S 13. '' �, ,5 , ,1:dtr � i(1 P+'V�o� �J�t)i., . :. d� '✓ 'y ' 6 it14irr 14.} r d,i A. r-si 4144) ©�/141�� - _ O-N�®re 4.0 15. \ a, A(� ,(2,�. i et.� E Cihaph9aAi Sher" O&v:5'1PL.3' 1 laNTON T Po A . � 1 f _ �7 A ' Q 17. ---- pr,.., ,,..._\ ) 41.18.e4,A.;„0/ 1.- n,� 6_�/i,„,rs, ° / zjet.ciA. c c c/q3 3 grit? �r� 9S---06 qi/61= r 9 C 4- y 6163-f ' qt ic0c9 3-3 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. 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 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 .,, FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 NOVy yy��q SEGMENT: 9 SECTION NO: 230 SEGMENT: 29 SECTION NO: 852 NO V 0 1 005 SIGS/SEC: 12 FROM: 1 ( 3,672 ) SIGS/SEC: 8 FROM: 1 ( 6,821 ) • RECEIVED 230 TO: 12 ( 3,683) 852 TO: 8 ( 6,828) 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 K': 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 vdi -0E.. 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E-��o sv, w 44,, z, J 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, 1 • 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. 7 •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 ORDINAI, ID: 28 CITY OF RENTON l SEGMENT: 9 SECTION NO: 231 SEGMENT: 29 SECTION NO: 851 SIGS/SEC: 12 FROM: 1 ( 3,684 ) SIGS/SEC: 8 FROM: 1 ( 6,813 ) NOV 'U' 1 N O5 231 TO: 12 ( 3,695) 851 TO: 8 ( 6,820) - 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 N. Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions `1 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 ,, nof 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 Re. rc_/fie ey, 7'Date 1.6'?,2 ,,6 )1;771. Pfrrre/Vele/ ":-,5'.;°Z7'4 jfit:75 3574- '') V:-:4F: 2. ,' d .ali41, dvtit - ' ,6 i Pa<769 Iii ll ..:Aivt 1P) 1 ('` j _ A � . .fig_ .CC t,n 3 /92 ?I Il ^ i r4. G.t, -- - cc.' L G.� . '7 s� �- L—� c\. ,41,rn,c .14 S O g:6 (� A p Q"..)A Y.:1 �a 6. Jr Q/ �t b /•J e?� gas �jiv.�'uy� 0 4-�.' kr e`--✓v4`-" k !`i • ij Cc�� y i 1 8. 1 � , (r?� l '�J t, z.�..C�i ��G.�2 •�4 V�11ES1 44 .nianWili ki 1: ?od if '440 _ P. Aliii _ ____.— ..`iii-7-,str,A.-...6(Leeti- 50-Sic th (.50V 4-\ dr,*t-e,1,0 'A:Li,'5.-/0 - —'_� N tuIr-i✓ 'uaMPfGt f�'-� - uA..fccuiaLIl .i4 -ANIIIrem ! �+ w , 15�� ' litJLLIA.0 SZWell c MAry4-. he fie e• .9a 14; 16. ^___ .Jo\ ve ctS Z6!7' A o— 4a1{a A cu+/ 4( c i 17. 'fis/ oaAili-vi e t`Z c-A C—. 1U1 s1.�p�nr WIT t c c)Cle'• lial rOyd S5/ S1 e. lifli -›-i---. PP ,opia ct 20. ‘ 4)1� )(Aeri n Ax iJE Pal 0. A 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 oh 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 UNd333, 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. w 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: 9 SECTION NO: 232 SEGMENT: 29 SECTION NO: 850 - N 0 V 01 2005 SIGS/SEC: 12 FROM: 1 ( 3,696 ) SIGS/SEC: 8 FROM: 1 ( 6,805 ) iJ 232 TO: 12 ( 3,707) i, 850 TO: 8 ( 6,812) 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. Pi 3.S` .rim W ?,v-ti:oc Vyw,,,-Kriczr-r' A/zit"iv S'JI 0 -goz 07f iE" /C.a- 2. • •// � ,.� C� ;e./.,� i�` /1i,=—rs,z � Pe.:'-;74-tz1V 3__.t/✓� ti.,x%' �� `l ktil ti` lit t tibt. f 32 aVI O LJ 4UE N 7111' o 4. 2. du L(A A?I*ILLliT t7t P6 12 DC 1 (�`-o.c 5. G, 69-1/4) O'`6 ss tv y e 'l`',,/ 5-Eff 73 ` oinC7C 6 -YAM/P d.c t. pasFM s t KiLu -mac o f t >.t,4114 C-r 7. t 6 . 7. .tik, t , vug o (4-i t* W . ,x.�� Ek- = ,v `Zil r r '-er' is/W.1,43/42zAtacYahlee --.0.3/sig11-46 ,-*— 7709s 10.voZns-c,21AA.(•„„ •"v„.1�,2_, INAARML4p, +tom z-6, ►, �S; i ri e.,n4ft^, P IJ i L':K. Z ki-ro A) LI A 71 ` :Jra 1 cL,mil-L.::t - i 4.i � 7' c ,ciS-,.il' r' -�i' '`: t -- CIA �T -- z1 14if5 6 NF Z, ®-xi. 12. l 14. v gat Are C�,,,, ►ra ��1 'i& KUSalei a PE 7-fi4/ 45 c----" — ` �. '® —A-(44. '' • +ysJ`f` /Calms- /I,�X 10/ 4,c-'a.• �� m ' 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 CI fY OF RENTON' FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 ` SEGMENT: 9 SECTION NO: 233 ' : SEGMENT: 27 SECTION NO: 787 SIGS/SEC: 12 FROM: 1 ( 3,708 ) SIGS/SEC: 6 FROM: 1 ( 6,379 ) ' NOV tj 1 2005 233 TO: 12 ( 3,719). I 787 TO: 6 ( 6,384) 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 i_tN Date 1. ,�( —� .r �..1 f �`� `�e� ..na.�r�' a �� ,. .f I�.t "�f�°'�(.'��:- 1 C^. IK' Ck#:i. V.1- i-4 71-14---11 17-_66. (..,›7:, V:li-.kL"tii.. fi I /1I • `t j r ,/ MI'— -" ' ' f -' - -,,t- le-ls:4W-s-i-Aves 40 /,: 1,447:- 4. • S k "' c 00 q rz„�,"'I ��= p-L e- [2 p 4 oft 1 5. , 1 J ,Ii� e �,k-df a1(- c -336 ��co14',5'd°I ilifF d r irt 7�3 67--. -__— -s-4444=5- -5 -e 11 e- - 5 =--gel - `' ‘5n eu ` 'foot' EVAi)S 36/6L. A)Eg71-.rfa Ke-o A ?I o.5.‘ 8. - rt ISDYFPODIed9:1 Wes) M 0114 S4, rii '__,Q)1-,_ ___s3' cii-DCio c_ 9. k.A , C1Q 1U f o Ql 1'1 Is ) 5 N 414 (Y1)ot'}i G)q c►'Zo bG —TO. —57,i61.7-../. -----------:-Wa -5-1,--eiti:seyi --tc-frzR-,-/-qt--P/-s-Fbigr----qda- 12. .- Acr-ive. =•e-d l� '`ha°� IJt - 4A ).f !(1 7- f y'r 13 if0 1 y 40 /del(4 71- VOCirS430. CeOM N E. e)4 fL cipo AP (1,411A4 15. .A l I t ,;ilkirgt- ,. �.--- Id- i 1 Sid°! • P(t \/'�C ..�'ls outbid AVP se Se y ._ 1 :,�A�' b D C¢„ OF/Il 3'/l AYE2�C� �A. ]l� U ts-/17. W !,L/i✓r P%i%f1 it ':% Lei' i _/P 5eki 18°� / -f-•/ ,- # 2,0 �� / w 19. 1. N/ s.� iTh�i' 1lG dr -l.l:` '-i-.., , a...�- �o '. t'L`5� ` 'c 2n - i C.t-• `rMs. 9 /,v 5 ,\4 ‘ , 11/4,, „ I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of;the hazard or menace ortire 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 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. SP_ctinn R I irnncca ream nirnrl r,rinr+n i�� .,...,..i........:F 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 CM(OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAF ID: 28 ,, D ►D: 234. SEGMENT: 26 SECTION NO: 754 N O V 0 1 2005 SECTION NO: FIREWORKS CONTROL ORDINA SIGS/SEC: 5 FROM: 1 ( 6,202 ) SEGMENT: 9 ( 3�720731)) 6206) SIGSISEC: 12 FROM: 1 754 TO: 5 ( , RECEIVED TO: 12 ( 3, CITY CLERK'S OFFICE W AKIN 11'Nlz 234 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. Sigi to- Printed Name Address Date .171 2. (( ;1Jt( AJ3 nel tct(_ c7Ac1A 2�.c1�, �3t,.r4 -(t 1+1 �( m°� q0,, A . r yf i - ni - _ 5. ��t'/• 47(,?i,1 .tea h e'.s / /N - Lr a/c? ,E- '/ /✓,I- , f0 Al or: .,.:!� - L,62 6e7r,g '6 v) Al %3 7`7(s7-l&c�-7U� c � i.Y-%� i?v"�� cis-0 - (t. 9. ' ¢-1, r' ki 4;11 �� , - .5 1 4)-3 At z0" ,P rpN(IA Te05, ? y 16 �,r�1 s^ 1. 10. 4 C v 0 'h Vim_(' 2-4(?, 6\C�_ ^,))r C,L I�( � (, `7(y 0_ 1 1. d &4 1,-N, 0 W-ic, ‘,1„. cA4t4 st ctitiv• el, (zIAL -.4.ALMqtsclitlo 12. - / /� ir i. /ti r ' - v c1 - 7i.3` 7 �rU t'-'� 5Y V1.To`1 VIill ci'o"g L IN 3 \ t.,, 1 re A ), _ , v.,o ,4/ `64 e -7/ t 44, 6e-W eV,6 ' Ii :krill w• liana g .. .ram .E 1 _ - m 1,11VirM .Aidadadialifi�Miiili'■!�►�'��MI_ Nan% Cfi)S. 7.41' 'Nair) _ , liF.�� I- � � I -A i I • .. `✓ i��f,{A:�.�d. ,� �FFaiirl�.w � hF'.ti. "�, , sue; �.-C.�..r - ....fat. r. r�`�.ru� 1:. 1_ I�1, �t ii (AS A PAi ° t I atJ�. J 7., ' 1d/C'_ 19. ifil VFAIAPiirk .' itki • r1A f ,i> —unapter io-rrriuv ---- - - 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 br 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: 29 SECTION NO: 849 SEGMENT: 9 SECTION NO: 235 SIGS/SEC: 8 FROM: 1 ( 6,797 ) NOV 01 2005 SIGS/SEC: 12 FROM: 1 ( 3,732 ) 849 TO: 8 ( 6,804) 235 T0: 12 ( 3,743) CM?CLERK'S RECEIVED 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 Counci•l;'then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next reghlar 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 TH g ,TY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS. I ''ERECTLY STATED. f Signat : /�l Printed Name Address Date 1,..: . Pa<k. 4. ti-ol ./0,a. 1/F 9*st4.4- 67 hic i '1 1 P- / i ; w So Q 4 O 6s Wiwi I *4idlelgrpricagLizre..:: �� ,I1%vire--,:e„ f„,,,j,„,- vV P•ii�LU 9ig�_�.i nt! - _— r,�.,r-; z,:3-of,si„,5 Avg eiIrMw.'-'o•I„t...,,I I 1,i0r iT,,,'f,e°_ , ice;, � T • 5 --- .� f1 _ f .,71 je r' xq �j'- % I `i '`•,i- !- ► 5 —2J Ai. �L ,. ,-v. °/ 1071--rerb--/z_ WO 7/1,U y ' - - ,4?z ,,,:s8. . ' 77_---,---0./ / fcr/4.e_ /Lice S 5—, ),0 Ne ..1c,/ 5'4 ? 9 0 5-9 ?/2.. /.5- /02en -49-1-a-V6m4--&-k---1-3-10-0-P- ,> - 47-7 11. I vt-,. - miC MG4r-_ R 1 ( pc3; K EULbIk-J IJ F Rm7 (i o 12. „�)d9 S ie-a- - OTC-_ '�- 1 ` N , .c c 15. J �f ldle 01 Vffw, ,1 tlrt vat I Ave. 111E 1� Z(�i 16. G'r ,ocat.� tr --/J ` 1c . vE ci+t, fir yrt 4 -4 - -614 1 18. Nj 1 aQ-- 11/COP C�j vl) 0 `Gokj--q O, 191 -ViL `� -LiS ( �.l k 1.1 146& S 0.;1 ,L19 oci(-9 2.0 20. ��I 0,,C0 17 0 6 G f.,l-I 4 J' 3 (b -0) 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 1� 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 1.8 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 or finance. 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 ORDINA( ID: 28 SEGMENT: 9 SECTION NO: 236 SEGMENT: 29 SECTION NO: 848 NO V 4) 1 2005 SIGS/SEC: 12 FROM: 1 ( 3,744 ) SIGS/SEC: 8 FROM: I ( 6,789 ) TO: 12 ( 3,755) 848 TO: 8 6,796) RECEIVED • 236 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 2. c / /, '/ill c L ; Z3,.21 Se g4 ,, ,� -- 9l.0S ✓ /� 4. .• I ; .e. bJ r jz37 ,f 2 7 .l3/ir ' t7/ �� + f — 5 lef �, :n.. i- -_ a e►: . .:C —_—,...�_ = ads! aive '4' ,.. _. - -0 ` l ftP% _ 14 - r s 4 a , -,f ,-a4� W//�',4- 1/-7, - �`' / i - l 4 . Tie, ram- 7- 9. " a_NeJ P,SA: Coca fti-Ot e_ G ,3 -1/7 10. ( /'1 Do„,,.O j&Ik t IfII ke4neti J CT s -f R.Q$-,. 7S0S5" .3(3_ ` (7 11 � a ' •� ' .. T l�� ..c l✓°'1� 1��'�g(��,yA-r o aJ �✓�J S�� '�b S 7 12. d ' �, E ►U AlA�t. 60 / to iS fvt,5 96b Vf---- _l_a_ --- _,: . .— vv.,i, , r4- = � -� •�-„ 2 p ..w :—...,,,,,A....,____ . 41-,A .12,47, '''...1 cicipv"IIPM019-A4 4-'0 . „Ir'0* —• 4 ' 7 /': APO" s -8 Ca 1 ' 0 7� 17. X--e-i-t 74: of .. d, .� --$V .J� `�--l-f----at— �' ' & 4 / r 20. �"• " ��/r / ' S L/ .� ei 6 . 31el' 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 CITY OF RENTON FIREWORKS CONTROL ORDINAr' ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 9 SECTION NO: 237 SEGMENT: 27 SECTION NO: 786 N Q C/ 01 2005 SIGS/SEC: 12 FROM: 1 ( 3,756 ) SIGS/SEC: 6 FROM: 1 ( 6,373 ) 237 TO: 12 ( 3,767) TO: 6 ( 6,378) 786RECEIVED 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 tore Printed Name Address , Date 1.' \l'q 't C1, A' t Zt ,'01'<\�, \ 95& -.� 114 s 2 r g bogcs(7� 'f GL C.doo ,� , ' - 3. - _ -,ma y_.4-- - - , Ks.L. _3.5,Vev:_ � '7 -.a-5 4. ----- ,e_iN t.--dLtcicre-st_...__.-t/_rleoe/-P-ZkF--p.-0�'or-@`S A-1-4 5. , � /,44 J jo 0 s km -- -i- , - -i--/-19 P)--4f-46 0,r1 zf l i lL" 6. - --,:.,-- , - .--- --41-4 e--ktrtz:eir .71-43-4-12/44----(71-1-q--6- Aci ivirx. Ni-e\orovk 5E15 g.E. eel ,ic- elq.65 . Vc1/6 8. z`f YA 7//1-� SO LL6f 117 51 Tea 6-16-6-4-ZA - -itt-914----J -51-4--4-„-e4 ge,fiF 5 c6 /if �S q---,4% -, _74../ 4 1 _ ,10. , \ifk ..?) ,4 A rq 01) 4/3100 1(-2 2-1 si.,,,,,se.4-iikud- gRO,5--(7 11. - - _ - ,/„A., 12. `% eiJ•e/ / ,,��/� frJ!/PI . i 0/44 � 4e it2 ,I'i� 4,d I°f i eo39 i- . ' Ae/(a-fr &z e i 0Ae4-V/J - 9/3 A33 44Z7 .,7 %/v ge1547111 14. ,I[6'!. /.., /ra_i!l / - 1/r l / A '.% p- Lt.-. x. .e._ , .. .t LQ e.5T- iP 15. '� 1A lir, DV' .! , Lauq Nc q�65ti "t - I I -dS 16. Aye /lb r!1 arm-_'= -_- � - -- - ktcl 1:;/1:7-giFil- 18. , o c p . � V1 �o() U cMc P�. ,Z 6fet (005 i 1 fir► �� C� )r 19. iw1 t4LV►+) f..PeTTti1 &zi .lg 0E6v „u v ®f‘ 7/ce.Cc5t5- 20.4 a- W L//i4 11(e 114,//,'e #ter mres `O/ filu ct.LAR Ali F Teirf 9..".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. 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 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: 9 SECTION NO: 238 ' SEGMENT: 25 SECTION NO: 710 NOV 0 1 2005 SIGS/SEC: 12 FROM: 1 ( 3,768 ) SIGS/SEC: 4 FROM: 1 ( 6,015 ) 1 238 TO: 12 ( 3,779) 710 TO: 4 ( 6,018) CITY RECEIVED 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 CUL/ C , ' 2, ,, C y\ex\e Z ZZZ`" qex� ,'�LSp c1$ -VG' L P N. _2 ' fie" ate.__ _ s' _ �. 7l 4• s/ niMPII .` �? Ki ; - "'--11 ...,--�; _ — %L! -_„,.`ova��' � --�C'�V e- I`�1e 1�C��« drl�t�2°ti{� �, o '(�,f 7.� '�"i.� 4 1_4 abS 051 /3"Mbl iaQ $& 67/055— 4 -- + ,,, 0 uric, .,-e�i ear , S ��+� G—r R �sr /�I/e� ��:.v3`- - --"_r.d'-_ .__ '®r•-•c^v :ray_ 9. m.11 C(4.141 i NS,L4—kwe yta .% a'a-A__ gp ._i ._i "Lc •G- 'Frei cofr 5 . _...-.-- 12. _..,'AM MIL—: rf — ' a i 'f it/L ,7-c S W I- . , °.l 3--S- -2 6/r f l , c \ Mir t _'e r / 7 Z4 sGc c.� aye.S. 9 e — ---1'�.�� • 10 _ l 15. fI1J %t `Ntt* — 2 `, ' �, — —I, .S., 1741. tat,C,d—---' . - -6, - ----7(26414-7- , . .-.1 (Mad 3 7g3 Ne-Sr 05-6 24-os Jr 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. C;TY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS R ENORKS�CONTROL RN N ORDINAL' ID: 2328 9 ! FIREWORKS CONTROLORDINAL' ID: 847 N O V 0 1 2005 SF SEGMENT: 29 9� SIGS/SEC: 12 FROM: 1 ( 3,780 ) SIGS/SEC: 8 FROM: 1 ( 6,781 ) RECEIVED 239 TO: 12 ( 3,791 ) 847 TO: 8 ( 6,788) 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 • (511 ' 02644 4.✓mod S dM2i 7 9 (P . Q'o� c j f 13L& 9'&q 5.4 - 40- (( ILJ(1f )6V)6( 6. (J3 c ,1 ,— 'i3, 1 qms—� 7. AJ ( O R.e) rid j 10. 1150 kyEArOz-4 l ag eR f 3 t 1g05-6 '7 /61l07 e I d 13. tA rt, ftsly t9 U v P t4 100 ii) l94-sH' 7 -- 7705= 16. 1 ��--r / 3c,5%, (\i\‘)- CT .ti 110 S So 7 Ifr ao5 17. (1Y 18. ray fr, k8, '456f P6 L e, �'�d.s� 7-7 p eri�n 20. Sly\Il• 0�o 7)(40LA N\t r CA k'I_ ckbO "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 FIREWORKS CONTROL ORDINAD ID: 28 CITY OF RENTON SEGMENT: g SECTION NO: 240 FIREWORKS CONTRSE OCTIONINO r I�' 846 ®'a 00 SIGS/SEC: 12 FROM: 1 ( 3,792 ) SEGMENT: 29 ( 6,773 ) 5 p7 SIGS/SEC: 8 FROM: 1 TO: 12 ( 3,803) TO: 8 ( 6,780) RECEIVED 240 846 _ _.,�, - 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. n tur.= i A Printed Name Address Date ''' 10II r A, ' - - -----k- )1------.-_.bi-- --- 74-----&-470-4-0----1 ----444-- 74/2-)C 2. f' Lu ,oe W;/ DS`-/t.� Y S7t- 9//Jg5-4c----- 3. '.- ( irv1 �P,0 2 7 E 4 ��4- e -c/c G ._ .._ i•- -7-1 *-7-A.579t.,=-2A17 .---- , - 6. A 4 N p,11, ��n Q r � q -0 7J,;) 7. ,Loll 'WQY''i- Mt t\d w.Q_Vb 9-If (,04,6 A Li c(%0 •7[r/C,£ 8. _ 14‘ ‘el-e-tf Tes`p_i cct LAt i 2020 C7/4t�.� .e S v/2oli,� c — 7/5/6 . t :(�./� ✓(/w J o co,_ zn-t,,- J(J 4. w. 5e�'I t t_re) 5.67 sa P e(u 4 A`-' C 7 Ezu b " 4 • OS, 1 1. .742 -:' lz-c,/' l, ,,o, ---- _ -/o a- 77``r .)T r(<lJ., �j 7 i / yrd4haVki- . )(6ariN/LA4--K" k qr6:5- _ -/°5 -7—Y4.: ,�►�� tiw--I�� - - Wad �� 0- --E=q,� --_1 or __ __._ '+N,- n � / 'va ct ` 7. & ,i.dik b ' . �, , - _ + .A - -- - Iiiiir -mr. a -ti. —r..._•.1 �%:� 4\0,e$ �5 ' �- NE L. C\ o17. _�� , � �2 �- 1 s� � S , 11,4 - _ 0 F 19. L_4/ ,.../" ,. -. .. , h, r -T� Al a.. I55 9-S 20.l7/ pf i. --a. - Ad 141 tea r;►l 3/ô tci 4 /e W I fst (.05 ccI/3 7.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. t 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. J 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: 9 SECTION NO: 241 SEGMENT: 24 SECTION NO: 671 SIGS/SEC: 12 FROM: 1 ( 3,804 ) SIGS/SEC: 3 FROM: 1 ( 5,885 ) RECEIVED 241 TO: 72 ( 3,815) , 671 TO: 3 ( 5 887) 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,ges.e-t--".-_*e-•L—GA--,ajvbe,-s-----L-aw-i--O,---&CAhgcr-e-e-rs--------i-/+P-t'.---j- - ------0 -.------7--..--9--4;(1-- 2. Sce.ir 6f c-ic'-r (-1(415 VE . h 7 8-65. 3. rl /,1) to • 1 C a LC .I. e--I ej aft. - - 15 J /a 6 s d ,2i' 378 g NEq % J- 8- 0S' • 1 ._,. _.-- 1.4 _ --PAWL) /4 -i l/g 1/45/4.4 (ve j - ?--0.5 7 _ -- C=:4=_ikA- rt*ktl.-.=5-----i-' 747p -5e:40 t-v S F -,:a. 8. fa' Qt.�AAL YY �c, e.Ile hev cow s. 27 C,4 7-cr-oc 9. 4�--, AY0 rh ;77.7V V Win!'e d'.g e. �4. 7-9 I. , C.� � f6t'� " * � 10. , ( l- -c.5 1111, f A) l;C 1`�C�nr\cc l OO Gin c o \rtu^l '`CM ON I .Q -I'14 2.' !1 `:,- ,,I r� A ` C ,Z.- 1 lirti I - `9 13. i'f K) , 6Aier 1/1.1 ?7c'0- tc;14 4oe ice' i 14 �jr I t 2, %S !/• �c' , YC li 11 ?C�,, 9� Vt.. y$- ,5-9 16. - 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 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 ORDINM ID: 28 CITY OF RENTON SEGMENT: 9 SECTION NO: 242 FIREWORKS CONTROL ORDINM ID: 28 NO V 0 1 2005 SIGS/SEC: 12 FROM: 1 ( 3,816 ) I SEGMENT: 22 SECTION NO: 536 242 TO: 12 ( 3,827) SIGS/SEC: 1 FROM: 1 ( 5,614 ) RECEIVED 536 TO: 1 ( 5,614) 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 Aeit6,-cf +-(CA'1(6-rjA 6°3f)ebli-rA-76 ( q(40( • ‘te‘ Oa, ii011)1, Afe . ,ru.4_ q1649s- 3. « t6 V\A ,Qx-P 222S N `[ - P C` l a�- • 5. /fil /411 /" - _� 5/- IILt�L f�Jy! qo �S 7. -CliipaY4PIONY tk\gtiliddit\MM (31* 1 -/.4 •K‘ th419i) A/65' --0-i)JA);Cr.((0,,45 s 0? 5 c4=1- a h)-(-) Q 8. .�- Qc+ 71 O�' i)6 i, ICE »-ems 9S'b c 41 �` -�- I;z- 'mil r 11. 9 /7l e6// (g1c/ z PS(a Sb 0/76/ • ep��`� tee. ii 1 I ,dam , ti S4b/ 12. /«/lJ �l V� / �"1° � � � ' � 44e ri o, 14. (� 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 • Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 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. V CITY.OF RENTON - - CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 9 SECTION NO: 243 FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 2005 SIGS/SEC: 12 FROM: 1 ( 3,828 ) SEGMENT: 22 SECTION NO: 535 243 TO: 12 ( 3,839) SIGS/SEC: 1 FROM: 1 ( 5,613 ) c1TCLERKSED 535 TO: 1 ( 5,613) 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 MISDEMI AINOR. • 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 1. OiA.V1164 C.*FacCOPOtitlii kki -'k.rs croP&3' 2. � eig 1 c be24' mirt1 drE5 g Of,55 g/2 3.41-erh/ e; J��l.?� �d v�'� 3 � 5 441 co, o,X ,l,I iKS(CG, 1uk. c nS5n P1 .5 Z(�-Z °OEb gj --- - • )7 ?_• 11 ic• 98-63-k 6. -_ 97, /M S i\(\C0v1 GL_ G �./ r/�LL23 �1 VA-_6 rA 5,0o--1A 42Al ct ECU 8/, ra _ 9. , (ot7 pp l ' G i 11 /'?G�-- �,�-s`— :14 56 • 5/as rse 3+on ` U 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 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 CITY OF RENTON RENTON FIREWORKS CONTROL ORDINAI, ID: 28 FIREWORKS CONTROL ORDINAL ID: SEGMENT: 9 SECTION NO: 244 SEGMENT: 26 SECTION N0: 28 NO V 0 1 2005 SIGS/SEC: 12 'FROM: 1 ( 3,840 ) SIGS/SEC: 5 753 FROM: 244 TO: 72 ( 3,851 ) 753 ( 6,197 ) RECEIVED • To: 5 CITY CLERK'S OFFICE ( 6,201) 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-od' i. ;-,,,,,,,,-7r -----47,,,,- - /30 11 -71 io -6 c.,? S.,- --z.: (3 ,amSr �R \L- ‘ 7 _/ 4. r 5 icA '�1/� c'b c1o� / :i 463Z?-ilQ. 5. /- r/id1/411,e tI7P1110 1104 13 , UAL \t .- 5 8s . -6:, -( 10. f'� b ' 2 r G/�l f/ >, 4/1 Air 'AG. /M�1,7, GL,l/ q s6 0 - 1 `' 11. ..'..> , i' it i. ' Zal Jj?/ 5-A-�07, ..�r�: r-0 /441-.v o ',� - 1 Ts- G p-. ,' i�,�_ 4_ E3. Ik.. _ , .ram' ._. r___9 �w G� /�� L ry ; / .A. v/77 15. - V �- �- /v l� c� I 16. 411 t)14 e 1(acvvi,Af I l' 1 c , eve bi . 5 Pe.frig-ow 1-49 2 °s-b 17. 4/-`i a i i ,-k vi.#t1 1 +\wq q o3-s' -1 ., c 4)8. ' l'f ---NCC-W6-Q- D V4149. t-4-(r),i( (-i, c WE .--iV- 19. ` , t - 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. 1 CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 9 SECTION NO: 245 SEGMENT: 29 SECTION NO: 845 NO I I o SIGS/SEC: 12 FROM: 1 ( 3,852 ) SIGS/SEC: 8 FROM: 1 ( 6,765 ) V 1 2005 245 TO: 12 ( 3,863) 845 TO: 8 ( 6,772) RECEIVED - - C1T 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 J am " &.---, ,r- `P; ,,,,j 7 i-6 3 f •• c / -) « 7.ld.7-7Fc 41- r2a"d7 r �J*' 4 9.1%;-; �,.; 4. �'n ��, ', '�,j ,57/Je. � � f - �, lam- `� ','��'� 276.. . ,5111kAiK � �' lei (fit 4-�,�� v' �v 7 . ? 7. �tl4 LioYd eo ypx) eb net%Pr-6-' ' . I a4-4' �e�A = (�r:��rt� �� —14.)1q +74.-,e; .z.G ^aif reoO ' �'d, A) fie/ 9. �'//� / U (/— �'4 (- ( ,r r r'•• �7 X / ' 4' frr,a,fy .1ra 0-61!ry14,1- • - -5Y")P rid4'IL bs' ‘. i-0(3-43E 12. fr`6 4e , Y y-, , 5}tCRAI I I/s �N1Pia ,�U� JV l 13. - • l [f`-l7(1 talocen S5S •e__;c_r2ntikk, i\\E-: -7/0(16e. (3(c r Y C }� 19. / / Jr ei¢ a.�"�3 f:°' �%23?�44-s o a'��'y- ,uteri i , 5F'O,? 9 cY 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. 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. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 9 SECTION NO: 246 SEGMENT: 26 SECTION NO: 752 SIGS/SEC: 12 FROM: 1 ( 3,864 ) SIGS/SEC: 5 FROM: 1 ( 6,192 ) NOV 0 1 2005 246 TO: 12 ( 3,875) 752 TO: 5 ( 6,196) RECEIVED - • til\1111V li 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 AA 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. w , -0t.--- c c--c",/_ N ckd of i't e s4 .0-)cz: (0 c-,-ti C>`w,13P e, Ni= 'V/0/0_5 2 , t,t fl ea her S;�u*c )Ol/I Dtc�t fi pi. W'q1 ` ' - /fl/ . e . . tykes (933- .w.t'� A �c 'h no-7/i o/cs 1 • • -i - l V - ta is 1 • Lu '7$b5. "i,, 0/7i5 1 7 A . 3,2- i�'F-�7',_c . '7/. 6. /"7..c14- �1' 7,s i° N Ala y-/L U v 1 U U C:4.,-z, '/2 C, 17- /(-)• O.S— 7. 5/tr- r. l--t.., -�TM�;_�,-�I m `�i_ s- 4° 7 Af G�, ea ,) 5 )- 1/)0C; 14/�% l „„i 4, �I'[�/4.4.- J ,Yrz.u..Ai p/ I8. : .'`�2__. ,- l /'W!. `, '5..+.A - (/L- , “--,I�FJ e I r4.P� ,6:,.,' (co A-- i 7 .-.1 :c- -A------,—. -----A-441:K-.0-t---'4444;>(-----112-7-4A—i&-'193AT), -- ' ' — ' 4,)- ---,H?- -1,4 _,— ''.7 7'1/4 1 (.-7 6-Ybk I m yQc,-› /3v t, 4-,,t-/,,,,c„, .T,s-o f-t, s?-4o- cs_Ss Ai) 11 ' / ,'a h ALo& 1fn fit iv i i 6•cO i� 'Va,a u A 6 lr t/- A�c'% -,, -(/f v 12 }i / 9 l! t, //tJ d J '. .�,,✓ ,fl2`� f�r r �,2. 1,, �:-, _ 14— G ',-I..!--: till , f- k. -," 69,WeikvO— b--ri —75. ,,.... ` /-e- _ ._--. ` `Ge- w ejt 13 f' S l`- (e el'f t_ 5,/ L -tn"/ �.. f r , '1. ,-.�j . .�., 1.i.. T7'" r/ �` � P/P "� '1. T"F7 -C` i l ,! 1�. Y 1 l / yam ; - 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. A CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 ' CITY OF RENTON SEGMENT: g SECTION NO: 247 SEGMENT: 27 SECTION NO: 785 SIGS/SEC: 12 FROM: 1 ( 3,876 ) SIGS/SEC: 6 FROM: 1 ( 6,367 ) NOV u 1 2OU 247 TO: 12 ( 3,887) 785 TO: 6 ( 6,372) - 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 Vq/os 3. ( (LT.'? i�r k/1.0 G 1 /1'EACT 4 S 7 - �C 4. _, _, .! .�. �v� - v� 4- hire— . - -vim 5. t- / 493. J 7-y-05 9. . . .mmii:_� l S 1 5 p _Y. 1 g / Y1Ir - : 11. 1 �� I v kaie4L,CA, Code, 3.2o o NE (31 7-12-o 5 12. • 1rtecy Ill- VIA. t-to9 ter- NJ 1'ji z/oS • te., r Lk/Wee 1.f ej ,,„„'d.A Ave tiv 7 - —6 S/ 15.. 17Gu p4I9 - 16. V iL / e i /17465 - . 02/1.5dmn q P.D 7G-/sp c U r� 17. ?LP( 1 Pa L f1 ? B2f �� 7/(�ps . 18. ! 1 RaS10:4L- Feiss SO#NE ;L1slt 12e4'6 72.54, 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 I FIREWORKS CONTROL ORDINAI, ID: 28 . CITY OF RENTON SEGMENT: 9 SECTION NO: 248 I SEGMENT: 29 SECTION NO: 844 SIGS/SEC: 12 FROM: 1 ( 3,888 ) I SIGS/SEC: 8 FROM: 1 ( 6,757 ) N O V 0 1 2005 248 TO: 12 ( 3,899) , 844 TO: 8 ( 6,764) ..nJ..1.�,. - - - -- - 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. _ kb " =c :. ` 3 C. c 1 cz C.cJ'_ aiF '' '`Wi{i=c 4114-4"at t 0 c //. ' -4 2400 S =_42„...J r-- 6. -, . , , ` f ..r. /epi(.. i/11 q,,. Li IOa Iu- _41 7 -0.--6' 8. ,e''-i...� !'if„ -) 2. ' / T /J) ;ram- '/ L 0 Yt /''�/1�° iii i-> C l o. �`c� ' t-'` I �. Or q-` 1 1-0� 11.2 • 4/ G„ ".4.,4Lz..J•, 3 og SC. 104/7t- 7—i z-a ' �/ / 1 r. . .2 �1Ti/1� ./I f®� /• G�J ' �G•f?i /a�� /1`I �J�e% 'UrtiC� � 1r7�(��CJ��--�"'�� //�/fJ�'S T 16. �,.I 0L, f4-r0, J .r. 3-7eb' lilt=N?r� , /�-fj-o. . 17. ,/C Comes/rec.:e _ ®�/Z�S 0 Z A /G ® 7 /'� /a 18.' * ;� < rc'� ,/11 1 11916 X 1fir'Ratigr4 �r '�/1 e ' N-A_ 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 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON CITY OF RENTON SEGMENT: 9 SECTION NO: 249 FIREWORKS CONTROL ORDINAP ID: 28 SIGS/SEC: 12 FROM: .1 ( 3,900 ) SEGMENT: 29 SECTION NO: 843 N O V 01 2U05 249 TO: 12 ( 3,911 ) SIGS/SEC: 8 FROM: 1 ( 6,749 ) 843 TO: 8 ( 6,756) 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 REUISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. 1 Sign ture Printed Name Address Date _.2.Lv, a.,.:i -c-P - 1 ,76 _ 3443 , A a 3. 0 N. 0 l)�7---..(' ., �,l''j f L/) pectoi v4'«rrk t$f_?. N�t t— l-�n4�-(`44 7ee �,-� 1 ,, -- 14' —Jf# ---nw' /ft 6 R i)' , / i , ' S ' �. i M,IIlkfl��A'�Jlf�l��aTi,'. !r'�115][�.�:��ULa7�urJ rsn:n •-••�•��aa.�.�o.�.�.,��.�.1 7. -_ 'V, C4 C;Vn c i'r- b2 carq i c=a l 1 c ' t.�F- 1 ' •�3/c 8. '* 7 �' . >y�w 823 Sc- Y 1PC 2�- i �tiv c Jl'/l�Jtl/� ammor+cft.ca.: uvaaaaam«•danwmp_mi ► inII`i_`r. s vauswim -- - "-/Pvrr lct / �-r r_/a-_v/S`iq / J 7N 6,.,� rr Uz,r,;-c ej t9;FticA 3/e 11. t6 .GQ,VI ' ' i 5t)b S ►�'.��. 4'I§6G II I 1' .7- 3' 12. Gr l ' 11_ �-p -- o 1 �'� V-c 1 - -cam ()11� �1 /Z7 -5, � -(7/1 M r V/loci,i/1 6 - /Md /)tut-/c1 al ietb S" �y / ; 7.�Z Fra S S 14. kirS 1 Y��(� .� f1, �w�s 22U7' 5E Z � (gip . 11✓✓ltJ� 15. QQ.A /Li-- C 1`P,,t VI 1,2-5s4,11 S i 0 , ff G� i,ofl 7/7.3 I(T7 16. tinde4 JJi1c7cm £ iI(/( Ji _ v / - Pna io)7.6:2 ,2 ( d1L.7/2�L�5 .,[17 •n5ettut. �.0,Arvii o,�p ,ukt t , u„Igio' fH(, . -0 61 2 . g0 l l" , 1 ?/o.5 20. , IMi vir `'f< I013 WAIt t.irfr-' -- - 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. 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 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON CITY OF RENTON SEGMENT: 9 SECTION NO: 250 FIREWORKS CONTROL ORDINAP ID: 28 �g SIGS/SEC: 12 FROM: 1 ( 3,912 ) SEGMENT: 22 SECTION NO: 534 , N O V 0 1 2005 250 TO: 12 ( 3,923) SIGS/SEC: 1 FROM: 1 ( 5,612 ) 534 TO: 1 ( 5,612) 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 MM�� lu 2. q(o_ s . Jte;/e Sf i'Iy4 14GVJ�5`P 7/y-OS- 3. G_If ( (7 VUyir & I� 7 6 _C6 4. WA, N'ANUIQLSAJUAV LOS NWh / P1J IJ, UM• 7- 15- o5 fa laac.(co& 5 (/`,a) f(L' idco Q rycrc11`Z 3l Vekt\ /icve 15 7 5 7 15 0} / 04 7114 10:" < - .5 6-- �� %h-7 mod fw�z en — 11: hR� 67 Lf_,,t . 344 r f_6-lve O j J / cp 12. :401 / 9 9-iJ s _ `�eoCC. Mee-- -c-- 111 { . J ` Cu /30 ,il �' d113. f,16� 1411 P b _ I It _A ryi l e c iz — 2(( 6 � 15. ) 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 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. r.: • 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: 9 SECTION NO: 251 SEGMENT: 29 SECTION NO: 842 N 0 V U 1 2005 SIGS/SEC: 12 FROM: 1 ( 3,924 ) SIGS/SEC: 8 FROM: 1 ( 6,741 ) 251 TO: 12 ( 3,935) 842 TO 8 ( 6,748) 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 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 t. 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 WASHHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signat Printed Name Address Date 1-01-- Pifeak No S ettllt )1V 05 2. koes+)nio o( ULn lweuw.s Rev ' A 7 -n_3 5 ifkaAE.sI- &Oop i' P/ / me N, /` l 3/d 0 _ VIA) • V3, eVe;tet.,\ r7C5 AA, -7/7,3/05- 7. & s2tU `■ ��? f r�I v�1- �/� -mil - - - - - - - - .� ��'✓--°flu-W�'"! c e -z - - 1- (am(/Q& E'-IL-1*6r/126:46-r )1, • - 46- 11. r jS%ie- c,r2ou�.i. ' l ;_ ?S7,JJ)/))'1 7- 13.4t. 64101i Oo 6.91 ad) (f f'l l�'yl � '- ' 7/ l®J zoo molar l -i . 14. � �� Y�v2g�' �- Y u � 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: 1 ` SEGMENT: 10 SECTION NO: 252 , SEGMENT: 29 SECTION NO: 28 NOV 0 1 ZOOS SIGS/SEC: 11 FROM: 1 ( 3,936 ) SIGS/SEC: 8 841 252 TO: 11 ( 3,946) 841 FROM: 1 ( 6,73 )3ro: 8 RECEIVED ( 6,740) 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. forty- five 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 ci , 1• 3 C(-414,40, '`-4�.s 1,�!. ' t `��'2 ci � .(.4 .,,�.�- J'O `� - 2. 4,/.1[J ` Atli KtigC.--'y WI'S- d)t C/4 OM 7e17-0 3. IrCt (P-7 LerliD 1.�I U0.. 3 pq,KL ` ODA/ 4J — 5 n _ . .f- 7•-(7-c' 9 C _ ; 6. ft •04.-tm 1 ArI- -4,_ /& L(vt rcyt4UG (!(/p- 7f C 7Gt: e,400 -4. If o,.iA i v,.;1 a733 trip.-vr,,cer 4.- M� F2D5- v r - _-- -------.. -6-Wa i --- 3' 26 c .1 f .1.0_44c7.r...e, 1 1� ` -6' 3�LW 1 Ca I. Js /�-vt 2e,,,--h it // %�/!� 12. )U 4.., i Z. P.,, .(4 13. I �. ., �'� 1 -a, ne6s q t� H. % �C� t`712C/�1� �' � ,L/ �i' W Zd ts-Z'MC h '--- g -5. �� —1 - S . - 1 - c-tAZ--Lc\4=-16k------1- 4-. ------41-Scr-L--- e4-12 o I -q. 111 ..- / 17 2� 18. -. , rUUcJ- ) , S 0 noon ' - r\E N-I I e±y ioV1 cg)sl 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 o('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 ! Ci�'y OF CITY OF RENTON 7275,_ FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 10 SECTION NO: 253 NOV O SIGS/SEC: 11 FROM: 1 ( 3,947 ) : 253 TO: 11 ( 3,957) 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. Signatu-e Printed Name Address Date 1l:"`.. -__ .^'tify.:.Hv.:)-'WC - ai .-=v- .:u __...+._wrw,»e..v..+X s•...^'x.v+..-.-.^^� \21 C-11 (1*()>r 41) 1 ) Rej,2,1 Ogi /a. iriCt* i/1/6 7//(05 5. o Imo► �� \ o w�•' "n `� �:: r` '"' Ali 6 nVAR, cor'\---e - "4, 4 - -� ' ��5 s Vkaq c1 *t\30 -1.t I QS 7.Dm/tit/ill J- tlaae' j .Kvort 14 2)15 aniDyiro,' s 142 eel(It 8. 9. t-1.f Up 10.e lv VAz '7 "i- L!" ��- L 3o _ :! 11. il,AA _a C C..A., V: / �+%1�l`�4 1. U t7/ Kefilikc _.(34. F67 Av VL2S-Y 4p/hill/it 9k2S, 14: v �l C �'�i, }�ar A�e S_ e �13,a 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes,forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 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: 10 SECTION NO: 254 NOV 0 1 2005 SIGS/SEC: 11 FROM: 1 ( 3,958 ) ' 254 TO: 11 ( 3,968) 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 tinted Name dress Date -7_, 1. � ( , rich ne (�-w� Cp 0, 0 S (,J S . f71 63 <R �vk 3.6 b ei,/J4-- • cSS54-4 6 0 7• 4. 'id 4t ) ,G- - (qwt8r , D S+ ) �7. �'��/306 •g '-or,/ 1 r' �ds- 5.� a7ilN - ame ZP,o,,QN) s.{-v` � - H fo/ i2er fon,.A1� e°22 �. I ram( `� GoOO so.) 4 c V JL . t,oA S�20t ✓7. . •Ji S ' SW Nay,cm AnctierS tr:)1 ao (Ste) , cT ,& C�� 5 -Tr .6o9a:(3 6(Ateal 11. S�nIA(1(r t;I l� ��Qw i �} ,I '.i, +, U D O W 5 - (.J �e )11' r� 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 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 CITY OF RENTON i SEGMENT: 10 SECTION NO: 255 FIREWORKS CONTROL ORDINAL' ID: 28 • NOV U 1 2005 SIGS/SEC: 11 FROM: 1 ( 3,969 ) SEGMENT: 22 SECTION NO: 533 255 TO: 11 ( 3,979) SIGS/SEC: 1 FROM: 1 ( 5,611 ) ' RECEIVED 533 TO: 1 ( 5,611 ) 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 .1„.J .C.U/C(' -, :61 ,, -_ fr V IV l� 4'7^.2^ah^,.:n<�?Gr: 'vvq'v,7'FRi7.,�P.'?ciiy;,'.:Fi'R"'t`f�:;�«,F;.<.:r - --'t"``•o-'n^1'.Uaag7. 2. • fr/qA/i legs fCct K/*fet, 6, rit/On&hiE / 05?o 7/,3/©S_' 59a r ,c",,,v[mot-,J1t I% 3 A t2 r rytan (Do f 5 WF,hork 74,e q 8�73 9 7/5 . 6. ..k(,i telSkS 21tcil Kiee .kaytd Ave NI epsCo 1/ •e - � • 1•�CI S' ZIT S qp`, 7. V�.3 . �'q �-�1 -v\ z;vv,vVlP ,,,,..�A� ` Svcs 71,, 8. t-- ;5A, bZA bEn P- A . 4.53k5L 2. 1 °c It ci.g. .7/2_ 9. f ,/ ei . 23. e-t 1 vc.. 9/3 10. , P��+� - UAL i. a�--i7/l� /?6, Arc^3 _Sr`_ Yoe% ?SO5C 11. /'%% '/O'/` /0447� /'/2 5'm, cs A✓-J �g°'� 7/3 12/047.1 5yini. L ` Est g S 2 kith/ fiv 5 west- 7/3 AGr 13. \Q4a-�-k Y�, k E f L r� ,�,,, �. - -r-4 ,i Zo 55 `[/.3/h5 ,1`t. /i1�1�"" '+ 11/'' f�. .1 f ``�/....rv�:c.;—,,— _ x :-�,rn 15. , CV!'( ,(}�zt�Q, V ,e _ L .r! CIa rtL 37vL.Pa .K o, 98 7��/os 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 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. is 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: 10 SECTION NO: 256 SEGMENT: 24 SECTION NO: 670 NOV 0 1 2005 SIGS/SEC: 11 FROM: 1 ( 3,980 ) SIGS/SEC: 3 FROM: 1 ( 5,882 ) 256 TO: 11 ( 3,990) 670 TO 3 ( 5,884), RECEIVED 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. p .yie a,,;. / r. 4,(( 2 4-/5-krA,../h„ C-' 31 7/i( 3. • 1 9.0M 61'241 9321/ km pi eedv 6. . .QC34, "i"' —3/ •f? / 7. ��Ji ,opi A /q-.�r�, 9ga 9 y/q� s- A (3,/,(,( 4OOiL—v) 34'cV 74 sr1L1 41). 'E 9 rosy ` 3706- Gl% P c 11. Gam.7 fro Ar l7)S iho �, < ��vs� 74/63 l 12 . — — — of eo , rago71 14. `9'O'1 . Th9L4'1$-tn 0? (A1,0 11bi %('4i,,&h nV$$E -6=6 eo' 15. ( 5.A34,,r ado, CV2),cv% 16. 17. 18. 19. 20. , 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 Crry ' f�' RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 ` SEGMENT: 10 SECTION NO: 257 SEGMENT: 24 SECTION NO: 669 NO V O SIGS/SEC: 11 FROM: 1 ( 3,991.) SIGS/SEC: 3 FROM: 1 ( 5,879 ) 1 2005 257 TO: 11 ( 4,001 ) 669 TO: 3 ( 5,881 ) CITY CLERK'S I RECEIVED 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 1 111 d c /19cLT,U�'; �v 1•�1i1 cl Y-e'd - 2�C)1)10104 ekt' I a\ as- 22� G��oss Trr\C1t Jo Inn. 0 Loy, f}ve s 7/a/6-s 3( (, ~p4 L I� s c ) . � L 7 - dZ' (-;' 4. Ak, K11/6C 7V5 5, giel 401),z)1 8. A Ie • c DZ 3t 11 vc S. 7/745— �� yiNi Rtt+WCwd'x : 4i+.9 12. o ��: � ��,� - . swn )33 Vl1;0 i fU 1�� `MIDI Cr 13. „:10 -R./a&tvil 11)W/1/102cti/J416,/, WiS? JO'i `6--Ag7 14.4 .4 lTO-;0e 6 / )9'< 101gi 9 i 15.'dL., f � .�,L- A tl i, `. ;i P L r:i l ; ► 1 '9&3' / e � - --- ,< fiiil�i1rG1i 17. �:: ' . %��c . Mel%T 4 ASINI! V ��. D -�7 '7-L-(`�Jc G,d✓G)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. CITY OF RENTON OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 10 SECTION NO: 258 NOV 0 1 ZOOS SIGS/SEC: 11 FROM: 1 ( 4;002 ) 258 TO: 11 ( 4,012) WARNING RECEIVED CITY 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. Q I MAMIEL*ENz .5 z -�� 2. HAKE SAP-\2,206.) 1511E Bo,c_ Luv S. %055- 17-`l-OS 3. . - -?`� �y~. ,r J j E t4 7ILc I i l C y '.`-e)<�• 1 . 7Lc.eo /,tAh, 1_j VI crO/ tI 11..5-0 6Iv\ri"N4 f d ti 6 cict., • 51-c,31,4avv- 136-46 3.3_14 csvC 50 4 Rio,s 8. :a -7i--fN in !61 K ry .�9.23 J1�E C.rf-� sl�� `9' p44 9. ' gibtatiq 10. C�'/�.fi‘' ' re y cdr��iv ' Ala �C -74/ 11. / rt // 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 . Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 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. fl 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 I CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 NOV O `SEGMENT: 10 SECTION NO: Y59 SEGMENT: 24 SECTION NO: 668 1 2005 SIGS/SEC: 11 FROM: 1 ( 4,013 ) SIGS/SEC: 3 FROM: 1 ( 5,876 ) RECEIVED 259 TO: 11 ( 4,023) , 668 TO: 3 ( 5,878) 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(7e,-,„'4,171atikkA, Nal 4MbAcreo-) for,4 / /6)„ 7 / 1-10,1)ncpyd kie 4'9 ra—c _____4:::; , ,,,t?<.4.,- ______joklcA_,e,t__-sr> .4:A,:t4, e_kc-4-4-tiD4g-44-v-gfr--,---Eqa,c-_--rA.-----7-/r-t-tt,)- ---, 44 1 _,.114-1 1 .co,c,' kkolviorc,. if Li uo.(6,11 arxg- ci0czei 7/c-ip .-::.. \ , o 4. s f ,... �,I -/ —r w BCfaNir� /Vl1 G12rni r7J 5- 98'�ss 7'9 S. �,l l2 1 k, -5.3. Aryv,\/ d/k1 `v ck ivy `1 ; 8. ? I1'�YI f 51-11 1 `/0` z-I_ LJ s h a� 5 10 ,- ,-: q tea , 'I+t rL'i tl� r'03(v Sic) 't I'I 9 cod.1" 7 ? , v ! 7 1 ./ n 7- 7 ZEvo T e - seyr�-i _— —,SR`-Pi ' =--Afa <12,,,,: rL;; • .-, -- - - .Ri, sa -:- -r o �s 5.g. /- `14 7--i/-o 1 . to Ll h JCA-rah Vi✓,,6 h 21 @Oci 1\1 E Loth P► gS05LD 77((/d5 1 . /(2 '544,%�1-7 Cad/„' s 65d r7Uvikr 4La A q‘-off 7/�4 4eirr-' 1 ri I/ -.,j 16. i A dAit/d e_ ry/e€a `o 5cl GLII�t i, 1 4✓€/VW 9(DSG it %E 17. 2 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 firephief 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 FIREWORKS CONTROLSECTI ORDINAONNO:P ID: 840 CITY OF RENTON SEGMENT: 10 SECTION NO: 260 SEGMENT: 29 FROMl 1 ( 6,725 ) SIGS/SEC: 11 FROM: 1 ( 4,024 ) SIGSISEC: 8 TO: 6 ( 6,732) NOV 0 1 2005 260 TO: 11 ( 4,034) 840 .v 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 T7 1. • /� c9 2 ew-t 61 b�e `" E •1�` 4 ° Bost 7/ 3. - P /D c Faso DQL-o— / /LfE tA' 6. / 11/48bib_ eikcit.c44--A/ &me elPk-Ar q0z-z. 704- 7. - batM19 46'44 die)a/W4/9r47,.../: ec(sy • 11. E �— I sGl: �-� * �m "��_� �C �- ,+" - �► o , 12. i- T, l�a Cwi1-�. cep Fcli ohas !-e Np 95OS� -hf IO%5 13. /144 �G"�9 r I I `�! / U l 051 ��1161 14.c �' ,, ci f9„-c- l�l_ f�OS'-C pbt 15. • `J I"i J 1 18. f Pc.taiti WI 511 k Vl D &Ne i' Rtr1 g6bS b� 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: 10 SECTION NO: 261 SEGMENT: 30 SECTION NO: 865 SIGS/SEC: 11 FROM: 1 ( 4,035 ) , SIGS/SEC: 9 FROM: 1 ( 6,933 ) NOV o 261 TO: 11 ( 4,045) ' 865 TO: 9 ( 6,941 ) iV 1 2005 - INAxINIINI Ur 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 7 - "a,-O S N Grp d WA!Waal I.I Lii 11=1 I Pli e - ti..:r JO trvs.o Cal velk_�_ A 0 hprow .. -gnu--4 - --- `` /V ; '. j - ' , e 1 .ult---- -6 -±7-5 --- --I3 Srt- i 41 - . - Iv' 5. C�p,r..,� e_ry`e c t�c.\�� 11�3 z Csa:r.I.S clvK (XIi'o s C\ 1'i7/ - 6. e4 e- �Qr\1 Est (�(< 1332 ME: Dova(( c7 cl of -7/7/a 7. l -C / e rd 19 � >_ 1�sz 7/7 -; 9. P _ ___ - -J0-7--4-ki ,t/7---/-/6,0----i---,5 ,s /f1J14 £p /1c(e 5(eze Xbr( PL./'C Kkii ton to . 1,n War- f�J 2 !\1 �U \ic .1) *3-32-2 '-r /r> ,, , ,f-^-if , , , ,,, (A, Z--c-e'l 7 /0/ 7ce:fierco.-, i4--c___ `,96V- 12. C[ _ - ,tom ow6e,t/c.c -*tAi l ee,i) f / id- ` 'b 9 £l me 1 -t_-NE 1/'A L . 1-4. --Lf - `51 P- - 9 << 15. �, �i er�'i/ 6U�kei^ b b& 67d� r�aver v w/e �s- ' >`s"-&r 16. J *6 1 i5 Earle 44117"q09F-74/, 17. CWiet_ ,' WM &l 't le / _.eA-4i - acip tiEel -Rel ggo56 Wo-, 18. _ ___ .----- 6V-t--6:,--611-&—fieytar—ti--- 3 e 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 RETOr. FIREWORKS CONTROL ORDINAP ID: 28_ FIREWORKS CONTROL P 28 SEGMENT: 1.0 SECTION NO: 262, SEGMENT: 23 SECTIONORDINA NO: ID: 598 NOV 0 1 SIGS/SEC: 11 FROM: 1 ( 4,046 ) SIGS/SEC: 2 FROM: 1 ( 5,705 ) TO: 2 ( 5,706) RECEIVED 282 TO: 11 ( 4,056) , 598 _ _ ___.-_,- - 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 9 �� Date 1 1.. , Jen ► I 2,60 SW , 4C . r= -�$tub 3, _ -= _ t h 4 _. 4. 1M�?x oe f l ,e�' 1 . L ii vi r /o 71 ip d+ owl �'g��l; `7 =o,�' 5. ,3-g,�,� dtg_i i4 iv ,eys Loop) 0-n..C..el A, c _ `7.5 -; h 6. ✓ .►,t Rc Fit ' .2 Y s"p►or�ir , .'c J..re 7--�-vim Jr- A\l .its,* 1,�;t li tr! :n , 1 -o a �o 8. ` , Z7 /fL 4// f 1'7 G- ,,,,k 4._ 763 6 --? -le s , / , 9. ..r0/ 401r. 4/3 r*I Beirtyci 5( 477' I) 4t e 750 ) 7/s 4 •�.s:.G -/c.),s--- .rYJ4C-m-�"Y.fRe^w — - 11 ,, ,of-Te a Lc ; 1 ,tsDK3c s b .. , e y: j A-Si 13. ...(.,ti. ++ 6.4.1—.fr„.'.,"..6......,Irar6 f c5-' Al ^ ' 7,0,95b 1i00469. qee - A. iigil WEaAl r.i1ff0-a- , / may"° 16. / , AEG i \ Ci'l I(F g 7Ags-7-r0F So- ._ rhh .6-66'I' �..�,../T�..©l. , 4.. : � ! - /lH.Q4b &4 � � ? ir�7 O5S 5/ d_5 is,1 th , L` n i, b l ve,r5E 9 o 19. 20. 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 yes 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 REr:TON FIREWORKS CONTROL ORDINAP ID: 28, FIREWORKS CONTROL ORDINAP ID: SEGMENT: 10 SECTION NO: 263 SEGMENT: 28 SECTION NO: 28 SIGS/SEC: 11 FROM: 1 ( 4,057 ) 823 NOV 0 1 ? ` SIGS/SEC: 7 FROM: 1 ( 6,600 ) 263 TO: 11 ( 4,067) 823 TO: 7 ( 6,606) RECEIVED CITY CLERK' 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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A .4io _.&.- ..A -9 . t- Za e11€4 °4y J 6---- lit i -r � 19. � 20: - r .65 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 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON 4'I ®E RENT®RI FIREWORKS CONTROL ORDINAP ID: SEGMENT: 10 SECTION NO: 264 SEGMENT: 29 SECTION NO: 28 1t q SIGS/SEC: 11 FROM: 1 ( 4,068 ) 839 • NOV 0 E 200 SIGS/SEC: 8 FROM: 1 ( 6,717 ) 264 TO: 11 ( 4,078) 839 TO: 8 RECEIVED ( 6,724) 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 1 ETITIONS, 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 ` -. ,„ff.-fidgPrif.. - ..-,.,- - - - - . . - , i - ....- — 3! - 6--. , a._(.//et (re rvd. qe'/" u(1/' •./ 8//'z A/F e.,-s/) /!3/�C..._ • re-7 6.- L-*, fi3147 7 4 • ? . /.-/ a 7— rre.-v--I<€ - ice r, , l o. _ M,o t _n text , /3 /, /erg Si. ,,�: 7�u ti M i� e• T 12. i- !". Derek 5v4.01a. C616 / P 3c`4 �,,e 7foy. 15 105 13i� ik)'r eidA-7 74- 1- ids,j, ram/ id- 4'� &gym�N,DS c2 t E 9.1- /e - v ' , R,tf I� , � 14. �� - -d; 7� � ��, moil �'"D�� u r� � `� ��/j��T/t ff'4 Ccx) ri 15. z� 1 ,=J 6S iC -t 2 Ltl�et NE J7 1 fr:V''C— '� 16. ld" Ic/l- 02 - �t e) eJ £'E c7 f 7�\ 17. /I/ it, pm ciA14 AA 1 il'ailAS (-1570 SO (frit) 5-I- /01'51 70/6- .� ---1 . - 1661(Pt've--4 V , 20. idokut4 , ‹, 5'442a l-- C-A(4J313 5 0t1 N4- l 1 f" 7- -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 PartV 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: 10 SECTION NO: 265 SEGMENT: 27 SECTION NO: 784 Nov 06 r,:,,�.585 SIGS/SEC: 11 FROM: 1 ( 4,079 ) �U SIGS/SEC: 6 FROM: 1 ( 6,361 ) 265 TO: 11 ( 4,089) 784 TO: 6 ( 6,366) 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. c \(' ja-il L �Y� 1 �«t iIl l�.6-Cow y°1..,. 3. n: M4 f Lo �—foci /V 76 c 4. r6'A,662(< /7 )9 ARt- ) AVE AM-7 (1 �,f� 05 , --acitS1 -7r1054-7- 04ct----2/7//71- --- 6. If oe, Let, ( - 41lJ f/ s ° .:�r y�r "`� _--^- ,,k-r �� ?1 j f /t r�?)-5/ -1 ' 8. 'i . �/ 1.- ; = 1 ;. � ; / 7rd1 A 1 e1 9.r �� 4.7,4JAI To.A 0a"JGL1 23 -Aft. " 10. ! - -� ° `. r,-,, ,) Er-te,ks0 L/ o G E ' t'" P � . y,ir svtr rr, ;ram Ir� � _ , -� ia/it�sw} _v. 13. , `;•L 7f /1-f-€4 �lr-Lr.�l%J/f 07'fie _ 4. /�l ` /`�/�er AIN _ o 16. . :/ V1 ,ram T r'1 f 71,,e)n (10�,2i� 71616,. 3 o3 Soo re 4 0 .1 � � V.vps 17. '� l�r --� �. (7i/ f / A 6-/V%G A/ !eY0 < 7/05 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 CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 - SEGMENT: 10 SECTION NO: 266 FIREWORKS CONTROL ORDINAP ID: 28 1 SEGMENT: 27 SECTION NO: 783 ®� 2005 SIGS/SEC: 11 FROM: 1 ( 4,090 ) SIGS/SEC: 6 FROM: 1 ( 6,355 ) 266 TO: 11 ( 4,100) 783 TO: 6 ( 6,360) 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 ? 0 1 Ck C . `AJL S A �,,o ' '�,iZ — �t� �1L�6�0 uno, 3. blr&- Ro(,in Cam . 12451,Fck__ ZZL3 1(2,a1 (ed So. q ` -o.s r 4. `J( %vo- 2°22 1171`= 12i�L 7 i ‘100,4 ,©P -c��, - - -- --�I- -- �510 - - 7. ii ' *410 8. •• 7/7/a5 9. off: ,rvP� 6 9go ' � ) c,‹. o t7.41 .1.0 ,..r, pg. �-q ' u 11. _ _ -f - � y S le riff) i - �Ue 7 o 12..7" � I l��„� .•1_�i_�Imo- airIP GIVAO : I, se: z- kebrfcM 13. r/ ,.t.V - •� . 4•c,LnS ��C� �,� 7' �CS' 7a 14; LEI ._� ,1 . .I . t� J ._ , ' � / /, � (/1/ AFL / (-AA ? I5. fit`•+. _ ErAgnit: • , o) • 4 I�rrr�ii vrl"i��i;` 111 16. .14 l ' G 0 18. Olik �(J�IIIVI(c)� -1j.),dVil ), �� 61�1 "` '' t' � kk W t 9antnblLK j G(�L ' JJ i y �1n 19. -. / L-ar� Jc��'llgi S-k�U��y�'f 1 'D/ y �1 i�-��. � t/L,�r•i 20. -- - Sc eJ 5 o t� (1 �o�i �.1JI;a�Tk� C7 " o�J % � �jr '� •�'/o'� "�' -5'- S ir 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: 10 SECTION NO: 267 SEGMENT: 22 SECTION NO: 532 NOV fl20® SIGS/SEC: 11 FROM: 1 ( 4,101 ) SIGS/SEC: 1 FROM: 1 ( 5,610 ) 5 267 TO: 11 ( 4,111 ) 532 TO: 1 ( 5,610) 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. Si nature Printed Name Address Date 1. La/` Z " 2. tan— c•v=-.:L 8" z 3. CLA-Ssf)\A-(4,e- Zc o gsic e G 4.; .41 7 7- ® fl 5.1 ) ipicv-k4v , ,67 )42:3 6. 1.(241.4, !T Drfc n ,44,01-- e i oo3 co I cj m1 ;`0 ! 7 Z aV-o5 r • 7. v1 � �y � � AAA � ,Tri C . 3.40 8. - No(.7 yp rRw:xn z k//.e fgT«S 10 Jc- (, ;:t zs S Y I-34'( S 4 ✓J '7/i3/0 S 11. l' t 4 ' \ ii , ct I.-- 12 .)&C. �, ` lt( tJ EiW?JJ 13 d '44( � / - - ) ,/14. ' 15. 16. 17. 18. 19. • 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes,forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 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 ORDINAL, ID: 28 RENTON CITY Y OF RENTON 10 SECTION NO: 268 FIREWORKSCITYOF CONTROL ORDINAL, ID. 28 SEGMENT: 29 SECTION NO: 838 q 200 SIGS/SEC: 11 FROM: 1 ( 4,112 ) FROM: 1 ( 6,709 ) NOVe� 9 TO: 11 SIGS/SEC: 8 268 ( 4,122) TO: 8 ( 6,716) RECEIVED 838 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 _ — .40._ _ _ . . __„.. _h---- r-----&r-ijT ----- ell.e44-641-----44i-7--3-. 0-----4Z-P-1---Ar -----7-4----&-c="----'-- 1 -5 ---(��q-C,- - J 9. S att., S(-cvs 4. (1 t 1 EA ►tiwo bOr .� Sr Re,�� 'ism 9_i_oJ' 10. ! ' Fhcn. : J; TierZynsk; 55 5'Brerherfo ,qvc,440, /ei2for7 y'65y 7/c1S Jp n,� 11. c f Y /) i A-0 y FcE td7 c9 @i iif/Y t''�'Ixi q 12.W. /U' /14 e, a ;\-\, 1 0 /-h a.F41,1, /, ,r_;,i,iT ..12 !i., /✓ti V0 YZ, 13 % 6 l t0 7 71-- Flit "krp r d 5J 3 14. `I 1 5 g0,S lJ 15. c. °l , cS2 at .' `L�12 c¢ /?ww Zc1�'a 51- 5z%59 1 -4- _, D %. ,) I`[ K?c- .ill Ia /. (fv-7 el i') 2- L ;.'r:Q / &. i,. ,54{ 17. 18. .u, ,�-r1A �`�'• 6�;'��4'I1' Y 1'*,� Q Per(a �k PN 1 7- Y�� 19. . t� ,t e ilr.,. ,R,r 6%1;1 /,'/i li -4f 5L'.o7 "so4 t !. d - 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 ROW, 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 CITY OF RENTON " SEGMENT: 0 SECTION FROM: 1 NO: 269 FIREWORKS CONTROL ORDINAP ID: 28 SIGS/SEC: 11 ( 4,123 ) SEGMENT: 29 SECTION NO: 837 NOV 0 u 2005 269 TO: 11 ( 4,133) SIGS/SEC: 8 FROM: 1 ( 6,701 ) RECEIVED 837 TO: 8 ( 6,708) 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. Signa ure Printed Name Address Date ernfiktA, 5;c--#A,.(27c.- .27,S 0.04o6--5c15, 7froS" it/2 �/1r�+u i t./ C1 Dc ,1( #4:It !i( 4 � � ---� 4. f',.4.e.." ✓ • /c/44 - I J ei! 'r`�T p . . V w!F 11-1Lia." t ago 6: 1 .A.- ' • ' i 15`7) .►�= nl��V.. k1E 17 7. � _j_ �_r_ ' lh..� ii. p cc�L it• til 0 AtVe kt ` /3 OS- ig 8. / �- •.y _ 7 lo 1 l 1 e t o ve k . - A),3 L / 7/ s- SiV/67t)- ra-veive 713fis ..0--/-737/14/e470-a/e,r4,2//7 dd 140 . i o/5I I z.a kL Luc o2,7/3�E la ta., ,/3/43 .� CL 15ii ��,i �� 16. /�rPO a . I ! (isiC �,t` ),Q, agiu IJC� T 1 a /�, 0 .• -Fs: --, •. - ,�.a .�I 1- 15.li`/ii1tlP+IMIIMP%JIFF LC-^"'- r. *02W _.Crk. :. fl!Aqt'iz^ommor$p eas •i y lima v�R,T/,tl 3 43 20. �/"`'L f�04.4, CiA/g•`C(5 S.S P/'T77)7, f 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 bf 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 twentyeighth 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 permitIor 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 Idisplay 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 ordi ance. 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 ��gg SEGMENT: 10 SECTION NO: 270 NOV 0 1 2005 SIGS/SEC: 11 FROM: 1 ( 4,134 )• RECEIVED To: 11 270 ( 4,144.) 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. 14/7! �rvice . .v"t 114 /a cl�� G� E<C�� h j- 2. at Le C V06 ti/e Z�7- 7/7/or- , 3. n fL(1acg�c N `7 4. ., .4- i . 11 5 sei-ibly �� `�.� � , tint e �-� u-n c� /— �t� 5. v g�� 6. O I ��er/ �z1.� ,Z,Z/� n [� • 7. 0v1(dc C v\c\ 1v' 8. 1c 6-r 4 2-lob 0,)eovi e d 9. `a//e$- /70$ /old,v7le e e/A/e- os� 10. V''' » ti ivF af90.3 S&ram Lune kr `7- f'� 12. • 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. • 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 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 applcant'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 consumerlfireworks 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—1 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. fr • 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 las 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 meetirjig 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 ORDINAP ID: 28 SEGMENT: 10 SECTION NO: 271 SEGMENT: 23 SECTION NO: 597 SIGS/SEC: 11 FROM: 1 ( 4,145 ) SIGS/SEC: 2 FROM: 1 ( 5,703 ) NOV 2005 2 271 TO: 11 ( 4,155) 597 TO:<,v ( 5,704) 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. tune Printed Name Address (� S(_ Date Lakt-rl.'"C• kovw C--W6 9td.ft i- -_,L3g#4-44;140: ; sue ' 5. — ► I ° 1 (k 1 .5 ee- asJl 3 ilk_ 1 6 1/� !�� - 1�/�/.�1r. . 11 I. !Ad.,/ ' it ?Tie �l-0 f 7. 7L:?.. r-L(/ k;(//-P--- zti3iyAL-9PQ-‹ 8. Ya k/24,_ /1//2/�Ti// vs- 9. •61 d r e /f lj F I 10. 1 • .�e er e 12. /16 i `tom �� l A61hf q7C-A13(/L,YPN /d3 7- 7-GS- 13. NN-N leV‘_' 'c\ <, 2e�bL�Y+� .�1� �cnr\C Cav NA 9 wss-' 7-11_4 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 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 NO V 0 7 SEGMENT: 10 SECTION NO: 272 SEGMENT: 24 SECTION NO: 667 1 2005 SIGS/SEC: 11 FROM: 1 ( 4,156 ) SIGS/SEC: 3 FROM: 1 ( 5,873 ) RECEIED V 272 TO: 11 ( 4,166) 667 TO: 3 CITY CLERK'S ( 5,875) 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. Sigl ure Printed Name Address Dat �% 3 • k .1\ , ! s 0f4 P� 4.. ("eh,- (add -4IWris /rI{//P,l«e ��(�/I� a��Os .540 5&1 5 , ` 4 of Li 1 O I ;-� � ls� Ati e- ve t�-- z►�� - ( ' t 7. Attila i//c a� / 44 /I awry g7-pew I o_5-"6 7x7 f 9. Ark C d /'f5'1t:;GC.i, 1 .M' get7' .." c1 10. "f__. 677,1`.d4 e rbuiv , /5i3 3 A b 4-ve W0,5r.)- 7-‘71 --oc I 1 -.-.---.-,7<_c c..A4 &LA I, S.A. s G S%‘7/5/3 13 ? ,: l i �h zya;ncr 3110 Yr/Paolo/0 Ie/U % `ICU 7/5/6L5 14.-' j11 fat V i 1/1- C IQ 5T-. oKb5u (SlOc 16. K�I I ''� 5p ei4n,e I3o0 �a�le�I ,IJr 5 P110) 1'fo 5 Zl'/a1s 17. 1 F 2/tic, 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. w 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: 10 SECTION NO: 273 SEGMENT: 24 SECTION NO: 666 NOV 0 1 2005 SIGS/SEC: 11 FROM: 1 ( 4,167 ) 273 TO: 11 ( 4,177) SIGS/SEC: 3 FROM: I ( 5,870 ) 666 TO: 3 ( 5,872) 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. Qea�� Signature Printed Name Address A^ZOL0 Date 1. Ci(11 1 ,, �. i Q �( 5 r gOOu.n i ►�1 e L �7" o5 tk.MIManil 0- try _ u 3. 1119MIMVIIM a • IP reS j 7 4• /` 0 Ill �vs%(Lih M�e� > 79 U 2 A� 5 '� y r 4✓Ar 9. ��ir -rz>n >Q � 3 el 5T (Ze.v`► \ wA 7go, 7 10$ l o. Cr-a_D6tv EA0.&r,7-- �Csk7 f/E c7 g • 11. t( 1.: 0 iNict cfP 7/7fir 4 C fvoVi _1 13. o Y 7"4'1 Te• ' ,° g I,-qe4 iq Reid- ., .1 0. 14 .2ff 476 e / 6 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 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 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 10 SECTION NO: 274 SEGMENT: 26 SECTION NO: �I SIGS/SEC: 11 FROM: 1 ( 4,178 ) SIGS/SEC: 5 751 'NOV V 01 2005 274 TO: 11 ( 4,188) 751 oOM: 1 ( 6,187 ) 5 ( 6,191 ) 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 -7 %Z(6� 1. 1)eJ- C\\` TAv1 J ( .~ he- 3'( Si`c ,'\s VCt-uz. 5c,-) 16;,,4, q 6c'Y5 fi #Al' -,.__ .E r �t ss�.�-•� /� °� x�Cr i� iS4�2 7-f`i n 7`L rG S 3.7-- -- TA-in AN;l,}-u ', rlaz 1 ti,iry lail emu' 0,w Tb°s s z-fls q 1 , 4. -`- a� i ,n c, �-Y--cA S_ y a (3 u r e -i dtl eh'�+ o( SUSS 7 a of . -F°7-V-Ic - 6".g- �. . y —,gam`:_steti: -.�.,- • %1�//'re�-` ��'.r+.r `�aa ""'r�� _' { •f%s.,. ems , -7..1 J ,� . v ://'I `cif 1 ... _-te e.' ,sr .,w t / 0 na,<m:rn w,e9 ryetcfc,1, _(__ Zre w =a i.> lJ .5-A fi✓ir .c ,f v !fa U �ak S� A �.le3dki -a(o Si-lath/4 fir At l2o*41 W l 4d'4`� -7--9'S� ...._ -- 1-1—'tewo -_ � zu 4S �..�"�of . , � ? �7��os � � �r 'Gi �Z ( �r2Z'''(G f2.e,/9�2 ,c 1 /m rim' I '' i q-lz, ,_ ________A ..,-, _ CfL��I, �• JrWaai', �,�- �!'�-,-►p� ►` ill' : - 0:61 �+nany .�1111L, `a0 its c Sir' b--% A4elt / �. !� d,- �s /li?a�L1 lv- 6azot t So(X 4d" V4'/2 ?c I?i P i- ...16;. f/ / 17. r f 1 . ��!—Li ; ;e/a /. / S1 '` /�J % t� sh1e it ,F0 y-605-5 18. t►:.�.la_As_PL (1j,Ai Il_ ► 11 t" '/V�V,—f, 1LJ . iti l " '\';1‘0 . ; h p7/ - • • -,-2_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. 1 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 V FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 A SEGMENT: 10 SECTION NO: 275 SEGMENT: 25 SECTION NO: 709 NOV 0 1 2005 SIGS/SEC: 11 FROM: 1 ( 4,189 ) SIGS/SEC: 4 FROM: 1 ( 6,011 ) 275 TO: 11 ( 4,199) 709 TO: 4 ( 6,014) 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 )),rvy 4clai h J 22o SE a s 2 3. _ - a/r'c-: 4z vda-p<2/ SE �e-o/ si- a/�z/6 t� As / ' I w/ / 4. -41(Wb". -.Air' veirtigIWINNWEIMMEIMITXF--"fill7 r--.- 6. fACc /d-�--""e55 `78- 5--i-il 7. 5kAS ti i 1C A`I£ 1'VLAK Gz_ I n) -&4-Ma/AA:--t-S-4-47- --6S- 1- /1 _ )1:4-\ ---,__. "9. C-,(!‘;\47/t< C.-ki 5 gv59i6 90a�56 10 Gi gg055- -tp 10. i J ✓7" _P-T Vf/LQL44J-�� /�,' g.-T/l/ 99 b 5 -2& 11. Ku,a Jl'��r � 7 G 7q�r- Cam( A . i�� r7, Ce)4 ` 7� � >— $'/L6 i�-4+1� p K., d 1 e_y C- 12. 13. e Card y. CS4P co e-P_, (n o-7 Tk c a a � N 1= g- 2 6_a 5 14.4 / A'/€i/'� Set ;i ev hd, ` 2io/ _'k' Sti14s'/ B/✓v% ,�2G'7o 4Id 1e 15. IN\I✓�s-� ��) c��S 5 L2) L( D ` o7/ /os Sher-er 69-5 41 18. 19. 11l vect dew i 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. 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. S. 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.