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HomeMy WebLinkAboutFireworks Initiative Petition - Vol 3 CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 , FIREWORKS CONTROL ORDINAL ID: 28 N O V 0 1 tl 2005 SEGMENT: 11 SECTION NO: 277 SEGMENT: 24 SECTION NO: 665 SIGS/SEC: 10 FROM: 1 ( 4,211 ) . SIGS/SEC: 3 FROM: 1 ( 5,867 ) CITY CLERK'S OFFICE 277 TO: 10 ( 4,220) I 665 TO: 3 ( 5,869) EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING'AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of RentonState of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of ' Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON; AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. S' nature Erinted Name Address Date t -‘'7 �► e / Q HH-c P 2"7�� F��l�,,��/o ��� �'c. � � �7'P''?? ---yd -7-fkmzi=Ai-ilivkfirt6A i g`I i OL se: Icy: 7ii1 L/6. ,V U e Troy /8,e 4-‘,23//vre0g.5-t. . 7--, jg., „.,y--4 ,-% 7. �', ` '6 4 PA,9/1,i>5 �9i n rO I. ° i 8. i), ';, ► c i eQVOC- 376- (Ji►r;i .4w 6€43/4,' 7-3-( 9. 044), A)eVfMeet- .0O2 tij/ ; 3W/2tog'i l 7-3-- 10 ( ' . , / qi,I at",u A -gilivcuL_) 7,, o4iY-aiiiet&PA-1 -3 Loci • y' -�'C PE, -------f S---es-- - - -4 'S — —4 —47-- ., .-Z-g-ke-W-dr---r‘illy----iito--e-1/610 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 CITY OF RENTON FIREWORKS CoNTROL ORDINAP ID: FIREWORKS CONTROL ORDINAI, ID: 28 SECTION NO: 27828 SEGMENT: 30 SECTION NO: 864 SEGMENT: 11 FROM•: 1 ( 4,221 ) SIGS/SEC: 9 FROM: 1 ( 6,924 ) NOV 0 1 2005 SIGSISEC: 10 TO: 10 ( 4,230) 864 TO: 9 ( 6,932) 278 xxriilv�i 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;rI 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 f k y-� i - - /� C�ri.4/, 3 -k _r„, .) 'f// ' �c �- � , .2,6_ • i , i , 4 ./ . -1-- . 1 n , . -6:-, 3 Eiv _i_.,e)Vieedo.-7,---) -NIP nic k„.../. IAA'I I iq ot-- g.1 0/1_ .G.VV ao.e-1E: , , ,/ J / �• ' .,'�' i� � 1 7. — t'i- - ' .6 / a ._) (/_ /AM R t(3 c:tict c \ i1: r- 0. ye 0",; r'Cg _ 'WAII911=1 , .-t, 10. °I{ Iwja • >!"t (• '� _ ` - • - . S� ( -A 7 a Ll. a 1 \ 4 I li, .((f 100S Q(`--01.2 4,, v,tA).-svi ud t '9,,s7 4 I Pim' -A.r$„_, "2. . 11 r .,,, Xpxs tiL)C7( :"7"- i-,wAk--- rrit cY2 ?,9 k �l 4 / T I4111ff e� + � r� Pfst�i . .4 'ik,.1' ^ LIPIVIMISIMANUMIS 1 ' '. -'. --• wtfic ' ? ff C..--------- x 4; it.7:46 ./g - I___ :" - S -. , M G. r , 17. i,"7 / _ Ii <i���t . ��� l� 875 t-elYI L S ' -e rY®/i .171 17,Og,-i,l, /f P 0�c l 18. O Lv1) (ZG\ '-r"rl- l Z 2 7( fD f/t e f r I c 1; t s 1 . - ilin�i , .�.-� t.);,�.,%?, E'er/ Art/` - J V// .o iA :-1t- (y/Lci c�7�,f � s , C�:� s� �(,)j off ;: ( I jo S E,.C-cv-kc-c-r.1 � ( J 0 i it 0` s FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes,forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or • thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and,for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. • Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006,from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. • , Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. 28 CITY OF RENTON CITY OF RENTON CITY OF RENTON ; FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORD NO ID: 279 SECTION NO: SEGMENT: 30 SECTION NO: 863 1 SEGMENT: 11 FROM: i ( 4,231 ) SIGS/SEC: 9 FROM: 1 ( 6,915 ) NOV 0 1 ZOOS SIGS/SEC. 10 To: 10 ( 4,240) ' 863 TO: 9 ( 6,923) rrtsiarvuly RECEIVED 279 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 Isi. -rL U 1`'t os 6 S t o'? &) l V 5C 043.2 STr, _IA_ 5.K: r 7 4.,Y ' &MI" Naffs icat--ff ivE z-e-&- ts-7(-- 4-4,4,-- 7--(yel7 fr 6. "i_41.�/'0.`7 U I J '',` to '1 'A )1 ' AA li L_ k_ z ° 1 J i4k r ff i , A /.!'�Ogviovyn a f 9. A~ ,....i • /i. . _ _-re) 0 ' /a Al 'ii ii 16 '. , - --/i �� ? "—Ith W/ +_ _ i ter.v --- tiu1ie�r iw i.- - - _ill .41*~�ii1�- _ .- _ 1 - - /� / wig ..._. y 1G. i`} Tt►.. r tiii'" �'• ff % Bf_ 1_. .4U . fir' 74# 1 i ' (l T l f—46-l�s Q *s.&` 7b o s- -M. iii7 Aiiii isAib ar.rr»iarJA I!aI[iIWAM04 M AMEN 1a AE • - " r A!fl� 4 s 17. . J At Kell, I (1 -1(it,i!lt, c' 6 W-Ai pm kir, ( )(fasc l�l y�pf.C°°C-1 19. Cia---- -.0, ,-., kx. , ----,) ikti 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. ',I-his council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior CdUrt. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage,to the property of another. Section'24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. ' The police chief, or his or her designee, is,authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain'to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce,provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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 • CITYOF RENTON FIREWORKS CONTROL ORDINAP ID: CITY OF RENTON SEGMENT: 11 SECTION NO: 28 FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 2005 280 SEGMENT:SIGS/SEC: 10 FROM: 1 ( 4,241 ) SIGS/SEC: 22 SECTION NO: 531 280 TO: 10 ( 4,250) 1 FROM: 1 ( 5,609 ) RECEIVED 531 TO: I ( 5,609) 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 `l405`1 1. rAmk. N 62p, 3. va SOS - � � q00 'pima 146 to S n. 0,5� 5� A6e4ri ov ,6. -e yn a yam- 9iosZ a1/9.10s 6. � jeSs i(a 11 vale 661- S 010 IPL It D OC qOs- , "Ay/ 2 • so 7 .�� _mod, Lam\2 ,,.�, ( .4 LlN co �,�� 9 g 12. 1 b • 1 1._ ►, r%. .__.u ar\ 29/' ,tf ±-1- L �f� Rcite-o t-t_ w0.5� 7 /'2 10. j T tl.$61(zz— L• FILP 37 riv;4 ) 9 �s 11. ' c' , -I9{ C Z! ?iYoS 1' 12. alf0 1 N 331Sr -kv` (AP'g°5.2 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: FIREWOR S Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purp se—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of ag- prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state s ipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest prot ction. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years f age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the ollowing definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agric Itural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salut s containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces con aining components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device design d to produce visible effects by combustion and which must comply with the construction, chemical composition, and lab ling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive meter als and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together e ceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices istributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for profession I use similar to consumer fireworks in chemical composition and construction but not intended for consumer use Which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective d e of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition o flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements r chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, televisi n, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature w ere the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effect or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or ay cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by per ons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for'resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees., Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be'hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. 0 Section 8. Supervision of public displays. • Every public display of fireworks shall be handled or supervised b�. a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. 1 Section 10. Dates and times consumer fireworks may be sold or discharged. • A. Consumer fireworks may be sold, offered for sale, or exposed or sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. cn each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on tl-e fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section s all not apply in the following cases: 1. Public displays as authorized by a state license pursuant to R 1 W 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77. 11; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning n the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or wliich shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which I shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all th se persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17 B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail ale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler,to magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washingto State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny ny application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the rovisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of ag prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued byl any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any perso who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state s ipment. This ordinance does not prohibit any manufacturer, wholesaler, de ler, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for d rect shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, 1 special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. P • Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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: 30 SECTION NO: 862 NOV O 1 ZOOS SEGMENT: 11 SECTION NO: .281 SIGS/SEC: 9 FROM: 1 ( 6,906 ) SIGS/SEC: 10 FROM: 1 ( 4,251 ) TO: 9 ( 6,914) RECEIVED 281 TO: 10 ( 4,260) 862 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. 1 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. i ' Sig Lure Printed Name Address Date 0 Un rv�. ` ALL r /q-0 f 2. • i C - A°' ...nie;;9"1 (870S- InE-�1S+S`i- :Re41✓ let" le;.'.. - Kt4c4rq 'ak. �81) , P 4- -` gab (r4 �5- -- _ - Vie /' w e_ 6. " / �.,... O'Dell 1/C' 7GcC4--it 4 v-�.. f#14/ __ `�� r /1 ,Se 9. _,.. i ,<,r AEt- '' ,�r{ -I"/ ,� '' -IG n `�, fd !'I `, I A 0:01 2�r— - _ ism( .:tr t '� ...a.-.A. - `�-r,_i�;rr ter:_sa.�si _ �fli�.i:i 1 r�l� ./1 p,.1111/n!' Maw s!r■ri r rur.►���-— .rr. �.1..L—_; - Lk /��..f� ice., r C� 12. ipr Ulti tx 0eti'L .V.,- ilictie /'o‘hJt'1Nl©t-d #41i © G°176,4 of 7De 6 /7 l I.2\ °MUNK. a' Mika k VI ViE \t-.\--"'\S-1)-- (- Nts.,,, 0(.4 qn,__T-- 1 14. f� 7e .e e etc ZbY L_ 4e//,1 l�c/e $t " `ry' 1 /4 er! Ar dr:4 ..- .."Mir! "e i 1..r,-17.3 . • / itiv 16 '''1�� � �` PI)/ lAaat . Q1/ 1 6O3�'7 `'176 [ 7-(q- I'. Rr11 i►i Yth II1F1'rkik-_l s►,nw C__ wz r` , I - - Met 1 T:Soo .j , ,cbl AM Cti41SA-tre Al• 7-(91 19. .,, vc/ 6b ' ► r t _'Z7 M l0 , 71 1 I N�1 !I ITM14 a f . •,,_ ,. r 'c ZY. 1 r - _ • 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. iection 1. Definitions. Jnless the context in which they are used otherwise requires, the following definitions shall govern the construction of the arms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, leflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special ,ffects, consumer fireworks or display fireworks. 3. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, leflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of xplosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces vhich exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks JN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the ffective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of alute powder. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which nust comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce iudible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and serial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United states Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not icluding fused setpieces containing components which together exceed 50 milligrams of salute powder. ). "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local iovernmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical omposition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but vhich are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of -ransportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to Iroduce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not here an admission fee is charged. 3. "Special effects" means any combination of chemical elements or chemical compounds capable of burning ldependently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or iermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live ,ntertainment. �. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to iew the display or discharge of articles pyrotechnic, special effects or display fireworks. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or ,xtinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the iindrance, to the prevention of or extinguishment of fire. . "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the lirector of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated herein. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. .. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Thapter 70.77 RCW. • M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. 'Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for.which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July,from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1.... Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the-City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. • E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON CITY OF RENTON • FIREWORKS CONTROL ORDINAP ID: 28 , FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 2005 SEGMENT: 11 SECTION NO: 282 SEGMENT: 23 SECTION NO: 596 SIGS/SEC: 10 FROM: 1 ( 4,261 ) SIGS/SEC: 2 FROM: 1 ( 5,701 ) RECEIVED • 282 TO: 10 ( 4,270) 596 TO: 2 ( 5,702) 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 Pal) ;?c'c 7;--61� f , ""-.�'f �l\� zeram, ��"��� ►C{' vs+. Mow m ter. ► 1 f 1 /tt + se 3. AA 4. i / t 2/ E ' II l D, j�'-�'�i� �� `' • =f— ?ill tiOal 7. /L1t ,r (.-:GLwo ,vv-l-k reD\reA- `l rtd-1'� ►O 8. P C \ ti\111A_Caksw a` 3i ' 7 i °� 9. ' vu 50(5? it e,n cc e. - al e t I In Q /01'531°5 - 11. ..0AAG\ AA, I --vD j o-dyyt b `7/ 12. r 7 i Letka W, d S p '310 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. 0 Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer. fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. . D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. . CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAI, ID: 28 SEGMENT: 11 SECTION NO: 283 Jtl�g O V 01 q 2005 SIGS/SEC: 10 FROM: 1 ( 4,271 ) NOV 9 TO: 10 ( 4,280) WARNING RECEIVED 283 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 ://41-7 r? 1. A riic(R/ovtupid6 a IA Nt c (," k !)ir-‘a ‘14-t-cr N -,;t1 05 2. ..n a (� Cam- =1�,�-CI . rL` 0 >, so► '�1„N--0 5 3. /-920 6r-)� SA 10c-K ac>-c 5 7Teci Z7!'d,5 (4�// d'1` ( 1 • -I i / G � ��` Gt, --- -- .),Q.-L___ Ct-1-1-6(:(k ii-() 5 (9. *7-..-Iti-dc 1/} -1 bgf 9Anfn- ,i , .. (A), L je, k., ,, , (DIU '4,4)1Prnkrk, 4 il I n A 3, 7. �`(. ` / `!� ,I` —7 Cv t�(� 1 t�U,c , 1�-c �� c n f dn y �)-. n ► C'� � � - ter. 8. r �� `� . 1 i I� l - kn _ ti I- r �. 9. _ '`-/ z C /ctodtci Rc et— 63n Burne4rJ l ,)= S 4 1Q-e4,-A'vl .7-0kJ-e3 1 ,l.lt rgimi --Q__- <--.ii. i ei-r_a_ . A 17IAIDA FRA,51-1 4705 041<thRri/ . - 40)714-OA 12. i 610VIAAA 0 --kb _5110 -6(10WCv( C109 1 - V.P/Yq 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. 1 • CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAI, ID: 28 NOV 0 1 2005 .SEGMENT: 11 SECTION NO: 284 SEGMENT: 28 SECTION NO: 822 , SIGS/SEC: 10 FROM: 1 ( 4,281 ) SIGS/SEC: 7 FROM: 1 ( 6,593 ) RECEIVED 284 TO: 10 ( 4,290) 822 TO: 7 ( 6,599) 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 /1 /�, Printed Name Address Date 1. � �i l.� �71�� L� C�V�\ IA��IIMIS 2- Z T�J i Or ,- Dr, S _ - --6" - =A . - 3. 7 4, , cP b o L1-�?J3 rim rr vg ,C 7 /7/c- • 5.'/� 6. PGv ( ,c),I+ -7 1 or (go "/ to;( k;v9Pul 5 (40. S 1 h!<r -'8. -dA ----- —�--- -- - - -;-(9 -1 z 1 -� Av g '/5-1 - % 9. �wrc�t lei" 621 :�� yam, /Or l'm of � 4-1 1. = 1 \ ) '.7X ,0 irm 14 50 (. '.,- .r> ,inoni-oe Pto Q1/ 13. . , ( L U \/ &� `I�)iiG /K \7i `S '�1 i7 c 14. T N / ' I l& 16. r / - ..t -a--C. 1 '6'�w- - ifi / 5 18. .1 lD 4�Gf/. ,� �� D Q,T Pfi rt'i'o- A-0-Sl"�.J--j-•� �..rz ,mac �� -=- =- 5 -- ram- ' jJ Oa , t-rr , w, Mgo / 7// (1/4s FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. • 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks . UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce 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. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 FIREWORKS CONTROL ORDINAP ID: 28 ' 2005 SEGMENT: 11 SECTION NO: 285 NOVFf SIGS/SEC: 10 FROM: 1 ( 4,291 ) RECEIVED 285 TO: 10 ( 4,300) ' 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. L fRiviK91/4 i 7 , L.s. . zRotw A . 4 &sC 3.Nc\NO\,S212U VCi0/421 r o 1 0,-e L kl p-e z C .'J k- S - /J/4e 5 S A(NvZzi•c 0 , (.S S 1.A `7 gUS.., 6. , A,I\Y Eat: lAi ,FAr—�L c �-;l� 4{- t g I S "K 1A,14-, :Y� A .�. the ilk}- hl rvl 1 14aLl_ i s°�, �l�G, 14iue �- ►"'��%� 1 IJi M�r c \2SZ5 c\2. Aye.S p ran'iD 3 144260,vi iniri 9P _ 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes,forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D.. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. ► l • M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs,fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets ofpackages containing consumer fireworks items. P. 'Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than$500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. p Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006,from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. 6 Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority.The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or •3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation.When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of The permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee- within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal.The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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 CO NTRSE O ONINO: ID' 7S8 NOV, 0 q - SEGMENT. 11 SECTION NO: 286 SEGMENT: ( 6,343 ) 7 2005 FROM: 1 SIGS/SEC: 10 FROM: 1 ( 4,301 ) SIGSISEC: 6 TO: 6 ( 6,348) RECEIVED 286 TO: 10 ( 4,310) 781 - _ - 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. , 1 INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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 1 f(�� pate 1-- ho f//0 r� =J c;l- l • __/______ :1' .-"�o'er` 42 (=-Y , , 1 t. 1� L-�►�9_ -c- taat- wi 4/-.fir ,- _._ _ — - 3.`- it 1 0 ,-)-,0, t-el(-c, -D t LUC/Lt- S f A)V 4. =.,._ --', iL.i% - ;, ---— - - _ _ -!-- .f.47: --'---c ,...- }orr• ; / ) / r'�i, V — - l//� �� - � � _ ,��m.��� �" ,k tom '' W - —A: , -17w.717-177.11r.7771117r".ifo;r'7,_-,--..,...,0m, .... 'c litiOrtalir -4/& AirdirW -1114162216-:WrgAilliMPIWIF""--- e :AilfW4: 1.-yr.P- 1---, -. . - -T 'li.--- - ' ,,:AildEW-- 770:4-tr4Plprien.,4":_iir.----_, 6 .e4 fifF' JO-. OVA VI ,,- --,-110(;-0/1 _Mri.e, 7.VN-40---W3S-------S -443-- - '7 1 '�/ 6, It( ct, m(t 12. 0 ?aa 04 V(Qct- eek (4/ `� ? 14141Af--4" �5 3 QJet,4 F! l a ' 1,,.t `i;v 6.-tl4(G,S < wie.� �v: � (,�S-S c©r• �/ p1!�f- ' 14. P A(, (/i� /lc,---i---4e-r- -7-r--------t - -,----_- -----/ i :RV gjk 9X5-1.. 16. /' ' ..) (2a./Ke il44, Yifi rizqlomvi1.Pi h 41/ f b 44 - 1 . ,4/ Ai rte's-7iNh' / 4/W/7r 3 nfJ/tE`VI ,2625 /2A,TU.q 0 v6 r'/V:45 18 .et/ L 6 V t / ? �e� �l�S'��c1�i � � tea//� 19. /,./� ' / . gt24.,/ ark /47/ if�U, 3 R 74c 9 C 20. C4(---1-L-1-7/. / .-- I__,;vI de, (a r l i,44)-1 --• Ar) f km_ 4-1, e_ k(-7&0,;'-_ -i1 q N' 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. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than$500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting.cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. • Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, 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 stpre temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1.. Violated any of the provisions'of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection.B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON TY OF RENTON FIREWORKS CONTROL ORDINM ID: 28 FIREWORKS CONTROL ORDINM ID: 28 SEGMENT: 11 SECTION NO: 287 SEGMENT: 27 SECTION NO: 782 O V 0 1 2005 SIGS/SEC: 10 FROM: 1 ( 4,311 ) SIGS/SEC: 6 FROM: 1 ( 6,349 ) TO: 10 ( 4,320) TO: 6 ( 6,354) RECEIVED 287 782 ...IY 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 2—V—gas 1/ 4 /4l ey 37-?/ A/2F 970,4 Karol ilk y,i-€ 1 ) d)O L'�u�n Aup 9 t- c 5 -7 "c'-°s 3 - c1-1e__ //_-3 �`E 4. /�� j / —ZiiJi, - - 6. -os d 1, .T /4ti f GCc„ 1�(�(.nr ( 2 0C IJ. 354 ft. 1 �I' Irk / ' I ' l w � ' I } ` • b- • :� i. II r fry•. ►`� mir�r - I '� ► r '�' j Q . Zak 9 _: ea:a2rS71.-'7 A.�+t:YscM1.^.rsv +M3rt:�k TO l ! r -�•. amrr. "" - ` 11' wy - -e Oe L-V8 I\ aA,S l-S ()-c.I 12. ���'� ►, I�/ I 1V( V e 13. .a .1 _� 4 00 (JdI1. uC110 F E 14. � La .; )-5IS (,)144-11v.., 61-0e" 1 ros-q W �J 151 ' �,;)�.. , 4" eed 2:701 (`�-(1611 Sa n(„) NC- Bayfi-e Y) tjA /8"050 14 b,c CAr I7(7111 1.56 A X ci OCSl - 1 8 CDOSt i1/0. 9pp2. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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: 28SECTION NO: CITY OF RENTON530 NOV O 1 ZOOS SECTION NO: 288 FIREWORKS • CONTROL ORDINAP ID: 28 SEGMENT: 11 44;321 ) I SEGMENT: 22 5,608 ) SIGSISEC: 10 FROM: 1 ( FROM: TO: 10 ( ,330) ' ::IsEc 1 ( CEDTO: 1 ( 5,608) 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 4Printed Name Address Date (`a_ e / iten �.aa (Q L B 'iMan 1SoR- 1 ,ffarrr1� 1-)t P4.� ( v ts: 2252k tci i" µ CS ?&SS 7 2-C9� 5. Li - t v 3 i oc 6. 551 t Way 4/60 /41,o4rc eive v '*pi-3/5 9Soc6 7-a-cam �� L;-.,.s;_ :� ;r•�. :„-"-.v.;:. lk"Oc5-y` t �A:�i:_:c� a��r-tr�� r• 6iciL 9 � ) (C tY,s�i +l D7 S 1 tint A-dt 13E a 80 S - -a 11~� ,, (fiAdiv4,03-ecchh(4e i m coc/!i;:? t Ste'/ (j/ 1ec j7O2f Q4 6(g'bs (o ›�cs- 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 ORDINAP ID: 28 CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 31 SECTION NO: SEGMENT: 875 i Nov1 , 11 SECTION NO: 289 SIGS/SEC: 10 FROM: 1 ( 7,032 ) C�®EJ ® 2005 SIGS/SEC: 10 FROM: 1 ( 4,331 ) 875 TO: 10 ( 7,041 ) 289 TO: 10 ( 4,340) ; - - -- - -- 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. 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(tom (ahI A , NO .3)- S6r1 ii ,101 cz l\torS Oa, 5I~ ea r D►S 71,q, ' - 74_4 .1 I s-e A 9,---r.._,T ci, ,_..--:-., ;7-11,,,/ -4/7",n..,, . , 4,e9- t--, .... - : 5�. % / /l1/1 . � 0Lrc _ ' / /19. / . ' 41 � - ( i- � //, ,� VIr__ 24..._ rr1 -�) =� _/ - • r 1 r j= 1�•�]/.,. . -te� 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. r - Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to , enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. - - CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 11 SECTION NO: 290 SEGMENT: 27 SECTION NO: 780 SIGS/SEC: 10 FROM: 1 ( 4,341 ) SIGS/SEC: 6 FROM: 1 ( 6,337 ) NOV 1 2005 290 TO: 10 ( 4,350) 780 TO: 6 ( 6,342) _ 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.(41 # n 1,0400A.,tv, Aky '12g g14)10S . 4.7 yrl i +7 . - 6. AIALMI 17 ' 4 12111WrititigimEMILVIgIV 7. 8. E ;goe, 7/3`-7` Lo e- P&i 9sier5l- 9. Mit Zia/ z tanisd .e 7 ly rye � 9:0•s-� CCA 11 l 12".tie � A UE , P-erViU,N to fA .9 G 12. ���Zi�vZLk. ell . 30D p -a-n-e ,S . 5 13. ,YYr m 4 f.1 l 5 �' 14. IS • 'ZY' koPt orKoc 15. 'b, 0 to 330 M ass,12c.,. cJ ct, 9eoj 16. 4r ` '406,0q 4,dtrn 18. 9. 9-2-/�� � 1 L- 9,3 a l S &--""` te. 1/494 gea 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 safelysettingup discharging pyrotechnic, specialdisplay ability for and dischar in articles effects or dis la fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol,through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than$500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit.... No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006,from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006,.until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. • _Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of The permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to anotherperson or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawfu`,I for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section25 Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross-misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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: 28 291 FIREWORKS CONTROL ORDINAP ID: 28 �OU 0 1 ?��� SEGMENT: 11 SECTION NO: SEGMENT: 22 SECTION NO: 529 SIGS/SEC: 10 FROM: 1 ( 4,351 ) RECEIVED TO: 10 ( 4,360) I SIGS/SEC: 1 FROM: 1 ( 5,607 ) Y CLERK'S OFFICE 291 529 TO: 1 ( 5,607) EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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 Megaphy ddress Date �Gl�s /4 2vs r 2;fioym 5tincip - Li )P. 1030 Al: 3'4 k 4;ga -1-a l 7--.)-I-L).c 2. fi. 2 ea-7/14,4V C sr soctte��LI 713o NI 3. r . t ,, . I � i2 �Vl �� 1't�2� -P� Cr WI J>� L • r ►2 r� ti 4 •� _"�. • f _ I m p / .� \_ %IL-1 "5 LOi `.&dt. 5. / l Ai fz i A 1OSs 7 ‘,/," Migide /*fi//t/4/ 4/07,,cfaad (37/'0_ 8. �h Ld,Or ti� (� i � ,;,- (dam- ��� (,,,14-q-ALSS7/z i � 9. .� � -9,��j .� .�-z- s- �r/�.���:r �,� `p `� ?,</ aft: - - 11. • a.t,44 Q 1,=(Sdier I 7 ;;L-03414 P en1 H. W1/n. W-P 5,5' 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 ORDINAP ID: .ITV OF RENTON . FIREWORKS CONTROL ORDINAP ID: 28. SEGMENT: 31 SECTION NO: 28 SEGMENT: 11 SECTION NO: 292 SIGS/SEC: 10 FROM: 1 ( 7,0224) NOV 0 1 200 SIGS/SEC: 10 FROM: 1 ( 4,361 ) 874 TO: 10 0) 7031 ) TO: 10 ( 4,37 , 292 •�a=--•_- 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 Z.---- Car .-7) £ POI l 04-'-() 2. .C2 " cl E cl v,14 1'al CA��P 1°+� �1 b l` Ai ' I 7�ll 3 3. tic(A 1(t fO 1 trot.� . ( utsl11aa/1 L J � / / is AVVe.„, illYt-,11 6'0 Q_. -\_,60 va „ F___4-?/i.Gi/. 02 lit 1 ® • �Cf. /l ►l.� -�I _ T/iV •:�.-; '���Af�G[T, � CJt/1!LRI1/ZI/i�G�3Y ��� ^, • ;P��/�� ' � J /, `_ ►. _ !, CI ' CC_ /,i r. � " , g1 �. .. v,E. i � -' wimp � /. .,. . . C1/4-L/M . ' 1 J / /— l / , by ;,..8�ry .A i''., 1 11 M .''F / .2 r 1 ": Sri!/) ' , , . -- isinf 4 1 I ..... 4. ,' 1 ,) �'! II % S�Y.rC 9 II�C C1 (41 �IV I I X -'f A° ri ,+ `-7 6,5 . ', ..irAtti ' ij ./- . . 'ip• r-1 ' 0 ), ..2,. 1„, 1 , ,an "- ,., . ,_ft,tp.,/ itzi,_.0., ,.:.01k . :.. , . .,, ._ _ ,.._•,-„,_,A.Ac,,•„),,,„kw_w_,E,z_44._ - • , , . , .i.,,,K. ,„,,,,„.p_444 ,_____.. , ----. ,.,- • 1 P b5 I, ! VAL.-:_ A ' _ , L :i_ m Ae---. F---=---g,r—A. /-/--t_-42___ kr-.:1 -.=-__,-- .4,,,L__---- ,,,,,, - -)cf8 , , i, 1 1---,----34-Agretn-gieri--1:74-c21---45.E----4 . °6-4, 1-,-4--zur---47-42_,A. t I; R ll lf-�-Y__y _I__-__ies:if � -., CYO. t�j � � • 1 V " •=4- . — 447/ —4-g' AQ-4)- ct-49(- 7—j-1----4-7,4 ,-4/-t----(-77- ;, 20. = ARb lm �c(o�65�� 41.LO f( A/i /, 1 s° r r0,)7 7 geb-pi FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. • H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 trarisportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3.• Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit . issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of The permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. • CITY OF RENTON CITY OF RENTON 1 CITY OF RENTON FIREWORKS CONTROL ORDINAI, ID: 28 873 E NOV ��O FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 31 SECTION NO: SEGMENT: 11 SECTION NO: 293 SIGS/SEC: 10 FROM: 1 ( 7,012 ) . RECEIVED SIGS/SEC: 10 FROM: 1 ( 4,371; ) 873 TO: 10 ( 7,021) CITY CLERK'S OFFICE 293 TO: 10 ( 4,380) EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the-Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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 r Al ✓f�e1„yY�t,C L' �'�e. --��'> �!�i'� �`����LF'/ /77.&�7 oz G,) 4. a& .5MdOGe, 1 /7 .4k d` _ct7...e"' • OC AY/IA/V/4- 8. < 646(60 j�'1 �fR�,�-� � 1 f2;7)Qs' ;4 - / - Q44 f P-•O " . V/ Nir .0 IF vi WV • W J " �U(/Op I �,�,�( / u�2 r�-G�Nib y 17. vv, V t i jte SkvP 'eV /0 leap/ 19. E , '- . _ fj - 20. !!1 fr i3� fate cs cytA g 1. 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 governir�ntal agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance,to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 s M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. 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 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 11 SECTION NO: 294 FIREWORKS CONTROL ORDINAP ID: 28 NOV U �yE,005 SIGS/SEC: 10 FROM: 1 ( 4,381 ) SEGMENT: 30 SECTION NO: 861 ! 294 TO: 10 ( 4,390) SIGS/SEC: 9 FROM: 1 ( 6,897 ) RECEIVED 861 TO: 9 ( 6,905) CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT,SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington,propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signatu� Printed Name Address Date 1. l 753E Jaa 5(� 2. L ek,A v CIA4C4=7)---e, A nevi 17S J "`"v .i 3 7/ '7o s- - ifte- 4*07r-- 5. (Davi291- gieti 1 Dtaidin 3601,0 7 .2/- 6ifirk-4840-404 • /360 , 10. v s.b .(oW -(43 12. �,. "l� C 6kAfil !?_ t.i` `/ �-3tt +41��� ��• -__ _ _. -- - � / �r t/r/,// ��/ t / ,/, /,ice_ 3112#4 * 14. '-6 (1 N 334 (otu--q' -7 --2,3_as-" 15. iteplaio J61 vt--Fez.a...-veto 2257 71/14-*11- /yt 7-z 3- - 17. e 7 oz ''� .) - 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 C11Y OF CITY OF RENTON FIREWSEGMENT:ORKS1 ONTR LOIONINAP ID: 8 295 GMENT FIREvv0RKS ONT TON 0 NOV 0 1 2005 SIGS/SEC: 10 FROM: 1 ( 4,391 ) SIG 25 s: 0t1No: c RorN qP ID. 295 TO: 10 ( 4,400' 7p85/SEC. 4 : 70828 RECEIVED TO: 4 ( 6,007 CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITIUiv--►,s_ 6,010) IER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN l,AE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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. term ."."( i/c3(i4& gip,.,, 64 u 7—cs4& 4. ^OP` -Oikkp/u4„\ C -%tAm\C 11) N(ogt\tOn Ve-O gcO5 G 7(o /0 5 5. ' ..) 7.11 ' � LxvN P Maa �� � ' ��;�, j.V\ a PS(.0 1/lo, 9. f.VONti • l�� Y�� l� •OU 5�Lni S LA--- C I°I I cJ 0SS?-v 10. 1 ,��a,?,� 4.4)6 %�-Q vI� 1��sLl �l1 iU,� at, m- g ;e 051, 7-f 6- 12. i 4 4 1 , I ` ' �bcv�;� �I� SS�r�jJ(� b/er A)r qe0 -7 s cas 13.; � ' �+ \J d •" _J i7 — .2J W l p5-� ! 5 D✓ 14. �'�1 A,d'N/1 .. / ; �RLttY�UA A.1L �� h��IMTY`Ok A t, V� .(in-1t'6 S/6 j 15. 1 '�� �5kOxi _Ga1O , h 110t N 32h(1- 9I0 "r/J bS k 1 Yl� • � _ /L . I! r ' IA' . VS 110 4/.... k 120416 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. 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 FIREWORKS CONTROL ORDINAL ID: 28 CITY OF RENTON • SEGMENT: 11 SECTION NO: 296 FIREWORKS CONTROL ORDINAP ID: 28 NO V 0 1 2005 ( 4,401 ) SEGMENT: 22 SECTION NO: 528 SIGS/SEC: 10 FROM: 1 TO: 10 ( 4,410) SIGS/SEC: 1 FROM: 1 ( 5,606 ) RECEIVED 296 TO: 1 ( 5,606) CITY CLERK'S OFFICE 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 IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton.to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth u of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signat ire Printed Name Address el�L7� Date 3 11' �,��� d e4re.y G.w:IS)°h 23 07v01.3 y Sa- ► �1 3d� %—ps� . � �� / ,iti�i7'�_%.i� Irl!if tzar. /- - _ — -- 5 &it _ � �., sI 1Y'1 1f e 6. , 7 411a ,. .mom 3188 67 /645 8. Wft`^le —44.0 i/ o1 H-oL 1S 3/11 NE i0-h. Lae SUS-6' 1I( 10s la, k gfisn 3a31., dAv Reid 9 go55 7-T-O ' 11. �-✓, l -I"i�lrl eVf?Y1 5-6't� U� 7- 12.. f ( ems' A-t-Aapirict la 375 lfitinp ftec5 fell?c i bv, 9Jl'5y- 7—s�vs 13. , -2 2 2-i /ea/A F°'2XC 7--C---G 14. bt £ILYfrii 15. l itutiAki44,fi, WA . ', )11 it 2.9,219 / 7 Lc QL' 16..z0 .P. ayy ctn -h' d72 S/ S I kte 5e_e r`2=(1. 17. 4v A 'X`fu 4J o 8���/e- 4 , teD z`Z :�. � 1 {.`l7 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 ROW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. • Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or "2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 ` SEGMENT: 11 SECTION NO: 297 SEGMENT: 28 SECTION NO: 821 'NOV U 1 2005 SIGS/SEC: 10 FROM:. 1 ( 4,411 ) SIGS/SEC: 7 FROM: 1 ( 6,586 ) TO: 10 ( 4,420) 821 ( 6,592) RECEIVED 297 TO: 7 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 Vi/r) A 0 . . - 1. . _ _ i>s ....-.46u itt r ri�alga;ti!! _ I1L� ► %mil G ® /. _ r 7110 - • - Ale, ..AN, , 0 W '�' • \\ IA fa 4 mo .j, I ' i ikkP- 14.Obe,i 6 \ • . t-I i , SA mei- `-1-t o Ll 7`� ` 4 CA 44 _. 4 i4. _.____..� �i 'W r. 46 ( - s +____ -- -J IIr , e 9. .....----- -— I ,�, / ec,_ )" 9 1 al �J -s-e0 00 i,eiti. 10. ..r/ ,0 4'Z �/� but e1/j p".l. 114,"�,vnN�1 1 V-o 6 UAL, ..ti�r�.� '2�4• v?: ilL �;ecJ �a'i SI ..;% --' VI-0,--‘4-k—.--4 -i)6M CLE-.9<,--Ogg-D-5-E-4(39ST:41-iLeril - ' '''6 , •7 0 •a id, i ii, ( kJ., 5 5 ll,„ ..... Ai {7.., 1 nn e a. (A, 1 i t d,�r,930 6 14.1 . ck.,r. - ( .o btu a.i N� •P Q F (1_12=T 1-1 2.6 k ,n SG- - i U i " 15. fnallioffiliKPARIVI'‘ iMalA. ilik „\ Ztbq 6` PI- 12QAT *tic o+ e-yrin aricv i 20. e►'f/ OF ' /'I *a' 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 act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, 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: 11 SECTION NO: 298 FIREWORKS CONTROL ORDINAr ID: 28 NOV 0 1 2005 SEGMENT: 22 SECTION NO: 527 SIGS/SEC: 10 FROM: 1 ( 4,421 ), 298 TO: 10 ( 4,430) SIGS/SEC: 1 FROM: 1 ( 5,605 ) RECEIVED 527 TO: I ( 5,605) 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 /•er Pr„ohinted Name Address Date j / // rwr�+ _i►j . Lll � )� // `-- n it/b.-- 3. ' e // l' a _ b4/ ) ),(_ )t7 �P / a 4. lil,� vQ3,eA ��.� 2_0 /�/ l Aq � S ' 6. Ii�l�V <r l V VI 1 V C(GG �'d �Jl�`��/�-/ /ems 7. � ,,bLL N � / R,s J� °) — a � s 1`�� l 7� � 8. pik Pl. ('t IA A' \�� • ./rin.a rvd. A/emu' thfranakia, 9..,.. A. . L' • Nfair _ f l i Wit, r`�7E�i--_ .1: 7 U t---\ - 0 c---- 1 0. ir c):, -- int A l , • 11 ,- 13. j l??=l , _ � 0`12:-T, --- --:�:-. . --.__.--.. «.. __-_. ._-�_.�ym_��..o..�-- 12. ir re • .4.9 .- irM 61:-. .__, b-,____±X_____g_Zaylir` 2, ; j � 1 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 ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 1 OF RENTON SEGMENT: 11 SECTION NO: 299 SEGMENT: 30 SECTION NO: 860 SIGS/SEC: 10 FROM: 1 ( 4,431 ) SIGS/SEC: 9 FROM: 1 ( 6,888 ) 299 TO: 10 ( 4,440) TO: 9 ( 6,896) )U 1 02005 860 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®/k eh S, JC3MP s /I90 a .4v-( /%/5/ 7/-ram 3- - �l '4. • � l� i 1N i 1 t Om S Altd zoo( PL 74 -or- 5. 411, i )344A ge,e,v4g / '7/i 7. I r12 6 7 Ce 7-1 ' 9. , '11 / 1 Ili! Ar-n, ti I C/1. '!V / //i 97/64 10. - .v 6 2 72G .16-7(/iV.tAc/i c.<- 1''J I —ir'G✓ 7j/C r-- --11-.IwcW 13. d?/114-- C-F cd 3go6 Pi ' ,9L /zejmnt. 7 gO s — 14. 1`�� IiLtit h ip o� % Z'F is � : -1 i/ G / - aW 17 1! , nutiem.ydr, i, d i,u t w OgS L i f /i i �y♦ IS d2S 18. iff IX�.A! .��f '/.l��r��`: �+ Air - 2".1'�J r -�., ,-'� iJ!�' ' / . ''o 19. ►_J, PIMEWF/ir�.! /ilr�%ice { ' S j , 1�- i4J-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 1200 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when 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 SECTION NO: 300 SEGMENT: 11 FIREWORKS CONTROL ORDINAL, ID: 28 NOV O I ZOOS SIGS/SEC: 10 FROM: 1 ( 4,441 ) SEGMENT: 22 SECTION NO: 526 300 TO: 10 ( 4,450) SIGS/SEC: 1 FROM: 1 ( 5,604 ) RECEIVED 526 TO: 1 ( 5,604) 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 L4 G-1/7/1 f( v/ 5Ws7 ra Pkle 7�,� � / / A5- 2. W JMUL 4 c o(3W ` 4. " fit MI v),t A _0 01 fr- 7 � � 9-1 5 , , S.-64 eias c9 C td S. G---to 6 a w q—l: 8. 24t4 D I c7I13 ivo � gl1 ' 9. 91\N \-)C\1 0E-15 loitoakuSeck, kitc. 10. ,�e. 1 I/t6lc:e.I7 r� 11. ee,-474 '>'ew IE ete-/ 12. I'ew RGA/) .3 33' �� 01, I-?4 Ayik—F-, t1 sloC��� 14. 15. 16. 17. 18. 19. 20. 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. 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. 11Pw— --'' / 1 CITY OF RENTON CITY OF RENTON ITY OF RENTON FIREWORKS CONTROL ORDINAI, ID: 28 FIREWORKS CONTROL ORDINAl' ID: 28 SEGMENT: 11 SECTION NO: 301 SEGMENT: 24 SECTION NO: 664 NOVLi 1 2005 V SIGS/SEC: 10 FROM: 1 ( 4;451 ) SIGSISEC: 3 FROM: 1 ( 5,864 ) ON tl G • TO: 10 ( 4,460) TO: 3 ( 5,866) RECEIVED 301 664 - - - L I TY 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 �J Address Date 1. /.% T-�. R6-be ',. ,. S bAbA4 6, C • ."--;27-"- - ''a>'Ll '''''". ' '''' --'77-1-et-deR9T-T-c. ----- --t-h 5--- ------------- ------ ----3-:41-0-1----- ).....4/4.4 ..„........„...._2_6_,.._.;_c;,7_,__ ___c_j____ 6_,__ 4. � 1?).livcs_"(g- 7/c' 'n 6---- � Uf —N � A ` ..`.N- �rt�4 i-4--:fi4' � �✓ _- . 7. G`-57 `i ,l d/4v `f / A) id . 1. ?--i' `-- s � �. "n^"'ir"-". . ,...�_^..f'-_- _.. - - _ '^.R:" .•-�._ _._c ti._+.s....._,...ram..._.�.+ / 9. i i ; �. ��b .�iar,L; r t I r ' " 6 '7—, -,o� U/ j 7 Waft —10 '`�i i, iV t P►: '--f= name �'.a d'. �.►/. Sr:�7>✓Si _►�.�K 111111 ,41011.11 Air: � ='"�,=v--r� c'. J-�;(_—f >.,_-.�'� _ '�l.. ../ sxc _..c���rtz_t,,, - Il�- _ / ,�,�L, P ' ii.---- r '- "O ; i ✓i _. ._:sue _ (�N' 1sG C c (......�/AI 12. "._-—* .6_ -. ...-1 _`" ' , 1 k ,' ; -, i v • ,` -- —, - ....E ,_ iert •---41 ief'-1/A+, ec---- • 14. .E ,..1-_— �� w k u - — C' i7 •-1--•AIM AS - r - c\----1,04 ------oiiiTA— - w--,- Ik4.1 a - , _ii - - - 11 16.AJ ,7)i•SAT -(4) `? L N C R lA)i VICQW � jc,, . bum g fi'D�7K, 7 e/-c6 13,E ,�.ccloS 17.JJ �.;,� ��Itkr• . \I C�30 _/emu osc,� 1&\4../\\�/ 5L. tvg �1, e1,0 , — 1 `',—a 18l-7 /. fr • .! V old Ae `7 l-q /' / G- 19. for L' ".,�', �c� ' . 1 ' Arm.. 1 ' ikitioff 2 - s---- 7_Q.z, --&--a /OF �� -1 I t 75 s 5e � j�- f- rg�--- os� 7 y,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: 2E FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 11 SECTION NO: 302 SEGMENT: 24 SECTION NO: 663 SIGS/SEC: 10 FROM: 1 ( 4,461 SIGS/SEC: 3 FROM: 1 ( 5,861 ) NOV 0 1 2005 TO: 10 ( 4,470 663 TO: 3 ( 5,863) RECEIVED 302 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,`t OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN.HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT,SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact:said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AMA REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address a Date • ,2. U 3. 5! 89 ao�5 So 90� 7_Z.Z. 4. , _' M $ Rd• L1 si tgu.rhQ so. 98oss 7—Z- a -04 7: r Sky / JA.I. cl•ega 7-7t,10tJ4 `r'+s# Ric `7 f(e'lr1c 8. PtokleAS Ay//k3 224S teS4 Rocs >/z6-/aS 9.gip, c 311 NA 02- FIde, /84SS Va4/1:7 5 10. -% s Ao.as 5 aco�os 11. • SCELMAN 4036SE I (*IA . 7 /& • • • 13. s - 5 6- 9e o5c? --dZ 6/OS 14. 15. 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 FIREWORKS CONTROL ORDINAL, ID: 28 FIREWORKS CONTROL ORDINAL, ID: 28 SEGMENT: 31 SECTION NO: 872 CrrY OF RENTON SEGMENT: 11 SECTION NO: 303 , SIGS/SEC: 10 FROM: 1 ( 7,002 ) SIGS/SEC: 10 FROM: 1 ( 4,471 ) 1 872 TO: 10 ( 7,011 ) , NOV 0 1 2005 303 TO: 10 ( 4,480) V Y!W.A.,\i1 1 v VED CITY C ERKI 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 1$ :),5q Date A -bath rr -0 L 1 36-=I t-I P E • - 11---.JK. -05 Lie ' � F('1 � '__2- ��%JAL -�Q 1- - AD I rri -� � �.Iwr ' =-�-�l �i_�l ��` �`� L , 4 4 -- ••--r i...—c — -- ,_-`— — Vv'1-6-• L-14--—s7-1:2 L L56 t?�,-1-.,-- r Gj,- 5. Atif '/ Ore ,co 38// 32t Cr l 7 10-05 0 , - _ :--:� ' i�� 0 V I 1 ,i e , .c I ztofl cV• • z v�AJS t C 7 FQT.� —4121=PAW/ ---/-.-&.agAZ.-1 If '----&------ -,<6.5=-_--/elAgzw- e66:-=--6LL,7445- - - 8 _�yI 'I �- // 2 ,4f he XX ; ri 5 -7// : •Pt - r 9. ' gl a d l Su vn �77 I b 1 N e 2.-f ri tree F- wove° 7/0/ 10. r ' 'M j / . ct Len'i a1 ;fb'An cern 6-66 f/0 i e, ?e'O 3/ 74 les S� f i / 12. �1��' \ f ' +ter:-,;%tc�(? 5; e✓/i r<v DT . ii",-eZ _ --------------9e-(--t-4444:;r=----a - -/L ` n � X cz v � of -71«lza)15. n 16. 61'-'19(frfi ie Erabkt, s , PLN y ._,II(i as---- 17. abef,O 511/JIM CA/1-4, 6�3 44 Cf t 9go ?////, - 19. . c , 4 - . , ATE /---- 1 7S763-1 a 2 '` 7b`1 - 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 act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. a Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B.of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. - Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance,the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of The permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. • E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON C 'OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 11 SECTION NO: 304 NO V 0 1 2005 SIGS/SEC: 10 FROM: 1 ( 4,481 ) ' ECEIVED 304 TO: 10 ( a,aso) WARNING 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. Signatur-- z Printed Name Address Date 1. __ l '�I Sfr iryo b f -AJE# _f� vas, i tie i oc, 2oxlE % G 7A- / -E 3 C_.41� .I -� f y . 7),/ 777 As 4."/� mow ,; , , - g_e azoi /4 )Q //e y Ix 6. .fr�'_ "/k� - 3 l yj (,ch( / .� / W 4-7A.35 7. r1 /-l° � ,, � o M a344 ,e 7 7 cks"' / 40Az 9 1 l /�� 9` A acorr.�c-s 6/4. . lo. ger-uNf 1 ' • 1 I T -- /7! 11. 12. 13. 14. 15. 16. - 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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. C • CITY OF RENTON CITY OF RENTON + FIREWORKS CONTR ORDINAl' ID: 28 CITY OF RENTON OL 28 SEGMENT: 11 SECTION N0: 4,491 ) SEGMENORKS 90NTR0 CTTIION INO:r ID 836 NOV 0 1 2005 SIGS/SEC: 10 FROM: 1 TO: 10 ( 4,500) SIGS/SEC: 8 FROM: 1 ( 6,693 ) 305 836 TO: 8 ( 6,700) CITY CLERK'S ECEIVEOFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL . VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer''fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth/of July, in honor of the anniversary of the birth of our country, and to celebrate New Year''s Eve. We petition to Council to enact said measure'as,an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted fo the qualified electors of the City of Renton for approval or rejection at the next regular or special election'in . accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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 ter" r re-.crq L c i-7 r b�(,� pk - ( cki�9-o5 6. Meu tl E,`` Sc 2 `�'` (• �<; S E- _t e,/1[eV 7. �' TRY i :771 U� -/C_ d,� A r Z l r, IF `7 W iC Mt1006-- OV.`0 132(� V.E:K4\4 k/ice It VEAI€ 4 1ti �4 ---0- rdNelt --- -VO --- � '�' �� ��as t - ue p� • _WA.. _ 416 _.rn a € u•IF : •. . u• )O1 !' • 1 - it rla , c 5-1.1 J 14. / A _,ill 15.4elt �Q" 17L ro 5'0 ,U Awed/ live. Ai6 16. t,e4U,O,ej :/ 1)evit�5 r✓ 5i� (/,�n5-6 V1 �F[O( N q 4i2 ir . ), 1. _ , f _,_._s_ . -- -- 1 70S _____ - , _ ` 'tom Iv 427---- 20. WAA-4,4 pO,.,,-- 6I 65-6 so 'pu•v-4 e,r-c N �% e11•�u;r\}VV/- e1cc FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 11 SECTION NO: 306 FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 2005 SIGSISEC: 10 FROM: 1 ( 4,501 ) SEGMENT: 22 SECTION NO: 525 TO: 10 ( 4,510) SIGS/SEC: 1 FROM: 1 ( 5,603 ) RECEIVED 306 525 TO: 1 ( 5,603) 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 ofWashington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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 Iwo ° it v c isilye cost) vvv4I (Avevte40 qxs� 617/oc 2. Oiro„vir-ickbvtilythi ��65 S E 1 'r f5 3. C 'k4 /ei vee7I f 7k4y-,.,f'64-/ 7-45-- • `wce�; ,; - t�-- —e c' 10,6. b-XLA-X.-/ 0 41W• '-e,t1Ai- 6000 Pa... C,r, P-/174-7 hdthikEtad--C).'arT$ dab , s ��, t�W co(7f®t�_ �,Je ice�,�J/1 Gs j 7Si �� / _ , I .& ,./ / �( ( CC �c � d1 g ja r'! � 4 Vie` “+v�t� , : `M 47 Sr— se • No CA e /2/5 D 1740ALE rg4)17JN--10 Y/ 1 1. ��°- () 2A5- ln iv 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 CITY OF RENTON FIREWORKS CONTROL ORDINAL' ID: 28 FIREWORKS CONTROL ORDINAL' ID: 28 NOV0 s� 2005 SEGMENT: 11 SECTION NO: 307 ' SEGMENT: 27 SECTION NO: 779 SIGSISEC: 10 FROM: 1 ( 4,511 ) SIGS/SEC: 6 FROM: 1 ( 6,331 ) RECEIVED 307 TO: 10 ( 4,520) i 779 TO: 6 ( 6,336) 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 / Q., i / . . 4 ®iffwc - , r • r c -7,- • a-jam ,- .- -. t n ;L:.:���- MStt- "I. . 3. ► oore. /D - 7�� d -� s�1hA'lCs ,�1- �1 1 -d,ep S _ -' r-4 d 6. (ak-- A ,4, 23 Lot IN r" AE .--100, imac. qP 7 . C C�� ram-- 7"- -, ' f ? °-�` ,-T6---i Luh 9E0 r l o. 'c' C/0:La e.._ ' -4, f . C/C1- .Li Nek_g__ ..../.2 12.`1, CAA 4SQ--f\ ''ly oti ck Qc 1.4 i l g it yet (1C 1(1ro-c.i ., 4 r P-ut. &v_g,,,, ,....i.,,, 13. .�, (...�n,2 ra 1.4/6 L1't n f 11- )1 ` 0 04/1Q ti 4✓r oci1�5 et- "4,0 ef 13'v s 97 1"I/ 14., /1-)orti,c., le./At aiteel.wf !yg.,-:.74‘-r ,+,--6/I/� ,v: 49ejz70.- `?Yab- 7 if-.S 16. 1 - ef b23 . 4n ei l �e 7_I,o ...-4*, .`'Fiti______,, 7-11...:,< 17; '' g-- • (de9eA2 6/fficgt 4-0Z I 19.4'Pka' '.0 fn.'A-Lrel-e-e-- f'1411641 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 rlevocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or herjdesignee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions'of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to,this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 ROW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than lone pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter.70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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: 11 SECTION NO: 308 FIREWORKS CONT FROM: 1 ( 4,521 ) SEGMENT: ROL ORDINAPJ U V 0 1 2005 SIGS/SEC: 10 SECTION ID: 28 24 TO: 10 ( 4,530) ' SIGS/SEC. NO: 66308 662 FR3 TO: RECEIVED 3 OM' 1 ( 6,858 ) CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION W 1 t n _ 5'860)ER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE ORSHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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. 1)/Lea ' NGi�USrlla �, l s 31 It SE LC k coca r +- t 05 I-4 5. FT' i /17,1 Id ,f kZ c$ ,5y-(.1"" L ft :5-- 7. gez P2 __evri 8. /�r �� c_.S 7, 2kZ' c /� ' -S7 ,(en 71/4, hh � J y Gc 9. _ • r-- e• e w1# 10. l.Sf7i11-0 S �J` `C1. `Or �� 11. kve S (A: -Lc) - 3-Ts- al A t/t v c,J 9-9 0 di 2 b. 12.f I 3 P(1141A ( 1 q Pr- 4 C 1 as- T 7 13. 3'9- .d<U 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 iof wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum,the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than$500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, 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 alicense; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the°_provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. • II CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 11 SECTION NO: 309 SEGMENT: 26 SECTION NO: 750 CITY OF RENTON • SIGS/SEC: 10 FROM: 1 ( 4,531 ) SIGS/SEC: 5 FROM: 1 ( 6,182 ) NOV309 TO: 10 ( 4,540) TO: 5 ( 6,186) NO 2005 750 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 WREN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE s'CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City ofRenton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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;f � /'/r I i( ,,M 4 tie(( fh° �... _:._.. - �s��sri-_ .`;__- A % c riii:aY �J it ifitp^ 'r�i,TZ. k✓.��.vim �w��:___ _��" �: • � � /I.L�LI 1 i 5`1-1 I IL f Irt�- )L tow Qf1 )10-7 -7 1 0 24-1* ( 7/2,47- 6.-Ey Jr-V-74-541 1 ! car-DI 7. �, .� ,e,c _. 60;1 ;1 (lie l.:. . 1 a_ ,�. , l _ i 1 ir% ewe s `1•111Mw..F i_r`"Asp - % ( grrrtg 9._ 41 .� � r : % ,Lear` S`0 /J/ ( (2r / 11. ,J / '^ Off/ 14� Lrrlrr� /�+c l J,5S-P/i/wPti Afrk/r/F U 12. '''.710- .. r � Z5 13.- � ,,,7 � d"�.y� f//1J Cc�,. Cie ir �- . l.. ;-� �5� 1 �': m. rtri icmai alit � � r3 +-� �1y-'.:..-:� .F.i<71�z� �.i7Aiitri• ���^...�-� ,--�" nr 15. _ �!`1. �'/ tTb$ 16. dv- Fia-16‘ 1 ,-,75(iffttf—ft:T. 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 ROW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006,from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006,from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority.The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of ' the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON FIREWORK$CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ID: 28 CITYOF RENTON 11 SECTION NO: 310 SEGMENT: 26 SECTIONORDINAP N0: 749 SIGS/SEC: 10 FROM: 1 ( 4,541 ) SIGSIS EC: 5 FRTO:OM:5 1 (( 6,177181) NOV 0 1 2005 TO: 10 ( 4,550) 6, ) 310 749 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 E Date Cj�`p A t�"i � y0 �/-OS? '- t� - 7 • LLjA/bf)f/ V,Mo ,d4ciE-5- 4/4 ff{/ s.�11 oA 5,ilk- te&"4' S 6/6 Gf2 ©5("5 h f v k V0 V —+/ t Cr.S 7. AN en f> lV t6C�� �r2-erwker. ell op? { 10. cG/l T41 S. be. 3 °7 -0- S S 7 = • 0 . ( ° 10 _ x. 13. dIrt0 L•Ple4® r 1435 im (111q80s6 14. �2 43024 JO IVY-. en *7Or /V1 tf FL felin 'arts-to �_fat.d 15.J _ _ � ;ibLe 4 Sc. 7/ $ me - 7-7-0 1664 ca: itzle__ C42 �,4•77t 4vesdll:fie A41I f(ore1 • 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: 26 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 11 SECTION NO: 311 , SEGMENT: 24 SECTION NO: 661 NOV 0 SIGS/SEC: 10 FROM: 1 ( 4,551 ) SIGS/SEC: 3 FROM: 1 ( 5,855 ) 2005 TO: 10 ( 4,560) 661 TO: 3 ( 5,857) RECEIVED 311 - 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. � _ S( `c Uit1 `4".- 1&1 U)1,41/ fig' zed , Lv/a 9 31( Ss- -7'7-O.i 3. ,' //Nuh C7�T ,, -- /5/5- i- e,�d�). �N 7cres.r 7/S ` % o 4 C(i 6;-(4) /��& '-L(tfi}-,'C.-E 6 .f'l rGitJ ,: ges-- 6 ( 6IQ-�,p-, .; /0GS �`,�' 5. e_ (,___-- Pa 1,--t .11) . ceA 7 t'41 . 25--,^/0 ;/7 4,, < itt( R,L7-11. - _5. 6. 1-- , i1/;cr74 e, GfAan , (Pi 6J/a 7 t906Ju6 4 6&_ 1 -75--��/ " / /I - // 7� syj, Anttoikt xf -r, -, R- --. -- ._ ;�--F'i.l i" l '_ :.:�-,:,;,_1,. C _ n . i/l c'd �lJ� 9. ee ._ ��- -- ---s= . , s - • , �,�� -p, --lti�, I'l 10.Lot pae t-emu lft s „ ,.(t ,,_.._ 5 �-l-j t f`t 11. i&-. 1 (, 4A s. L.- MitX/ ITOs-S-,� 12. — - . - — -- ---L-Y—A-0"/ "---- (1. --—- °- - - - ----7- 45-- 14. F\6at Il"r u�S S nE ia`t 1\e'l0-U'1 q 6q - 7:144 15. ✓�6e-e c �� l`C(C (9�-\CuIf - 9I6 (3(it 1 V �� �772/L 16./ / d t2 5 y ,/i'A 4A?S, plc., f,1 kE1 OAsit/;zrl6 C✓cj/!✓) 17. A K`tt G( Pipo a(i)l 50 Suter ef- 61() cl a R)45ht 4,1,§3 9 /r-e= 18. 1PAP4iv .()yetQ aT()ist1 so(' LUii in( rer�x>T 5 '�7 20. --6-1.;- _ _ 6 ' V,,-Th FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose— Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to;salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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. f Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes o.r illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. . The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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 TY ®� RE1JTrJf� ,. FIREWORKS CONTROL ORDINAP ID: 28 SECTION N0: 820 SEGMENT: 11 SECTION N0: 312 FIREWORKS 28 �� 200 4,561 ) SIGSISEC: 7 FROM: 1 ( 6,579 ) Fa IN SIGS/SEC: 10 FROM: 1 ( TO: 10 ( 4,570) TO: 7 ( 6,585) 312 820 _ - 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 Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions • authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth.of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- ' five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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,77,,.:1-,- ---'1,-,'_,,,,- :.77,4i„,,,,exto. - 1.&,,,s,7:421.1„. 41.:17 . aliev bee '7?-,_______)7/ r ' Rawl4. a0 3. it • I-3 .K T s ,(C,l -\z vsv per,t 4. x,0 1 j i o j/ /cam /003 al_yru—pi,vily 4 7 L1 bUei _ _l. , . 'l / -b vt p0 2 r a-d,1 0 0 / • 1` 10. .of?' '- ,,,..U,—✓" fv` �• A l ;- -- .-__..---—— _.x,__--- -.--- --- 11. "V���c` f /!esv dti fiotiz irn-s:/, , ' p 7, -49_5 / e 4.J ems 37rvn(0„ rig. - s$ <-? cJ,.r —1-4. _ — ��- , -Q--� �, - 8" 15. �' , G 7 7e6 ,S(L e?)`"-- 7 o --9,/ 7157'os- 16. ,�,, , r ,)(,,,z 1</e ai c, u_S et.0e- ' JY(/e/ da...O - , War 17. - 0_ CA 1L a S Ce q -r S > - /p/ 18. 6 'Al--" ,11.VL� J of 'i�1314- 1"`- ice- 1/6( . 20. if .( c (g) v 'V it'll/0 fe241k1 P. hputpk 77510r- . FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit-Conditions. 6 License required prior to issuance of permit. 7 Public display permit-Granted for exclusive purpose-Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts-Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by r-b- ter 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 L FIREWORKS CONTROL ORDINAP ID: 28 NO V 1 2005 SEGMENT: 11 SECTION NO: 313 SIGS/SEC: 10 FROM: I ( 4,571 ) RECEIVED 313 TO: 10 ( 4,580) 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 --.01 v hi 4 VF S►` �7`006S- 2. dardi -1A-1 W-)11'1S+. 3. a A 6)A yr ' /s z s Ada r6--,�,.,, ets_ 4. 11d,{/6A1 a eur.lr.c LAI 5. /f AZ, f. /VI -wN Al L 1-L-I 6( /d- I G 3 f'1-( &e. 6. (,/ L(�` �� Z`Ib Kc c �c n d Au{ �o S( 7-,, G-is�l� L Ie a‘ock �� �aTUi �2�2 ,s 8. ._ (A k 3/3? , _ pi// `/y- 9. �a 5 i J-2i dp� /k'7 7 �" ® low � 2� � � 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 ORDINAI, ID: 28 CITY OF RENTON SEGMENT: 11 SECTION NO: 314 , FIREWORKS CONTROL ORDINAP ID: 28 u y� q SIGS/SEC: 10 FROM: 1 ( 4,581 ) SEGMENT: 22 SECTION NO: 524 O V LJ E 2005 314 TO: 10 ( 4,590) SIGS/SEC: 1 FROM: 1 ( 5,602 ) RECEIVED 524 TO: 1 ( 5,602) 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 Coun,cil to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signatur Printed Name Address Date 1. T. /11(C.(, �� 1 0 Al5 o2. )3ao 266.s-r • `1 off 3. C7RA-/ nfo na-iur 7/1 t-►- ���`� - �,c e�c� a -2-004? 0\1 A) E 6 ' UL V144aJc I- I( 4g1a-1fi ( ( I4 • 8. if �� V�' v 4 al I r0411 r/4/ L/7 d'Y ia444,,y, ,t11/,57Vcc-?9# /4_ 9 6 C ✓� �"� �y 1 a. 11. Q 1s 12. �LZ ! 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 maybe sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for anyperson to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when 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 OFi9 QQ� REIVTOIV FIREWORKS CONTROL ORDINAL' ID: 28 CITY OF RENTON SEGMENT: 11 SECTION NO: 315 FIREWORKS CONTRSE TIONINO L' ID: 523 ® SIGS/SEC: 10 FROM: 1 ( 4,591 ) SEGMENT: 22 8 5,601 ) 315 TO: 10 ( 4,600) SIGS/SEC: 1 FROM: 1 TO: 1 ( 5,601) RECEIVED 523 • - UITY 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 ire Printed Name I�j Address p / Date 5� 6,%f✓Gt9 7/F ,�"/Q� / 7-9/ , D • ' 2 c' ///1 ,/ / ez'e----' 333 U. . ,o,T',a, 2 3. J. ,,,: Cit.al ((9-o3 WocI u14 1' E- /(/`)s_ - —C Win" 5. �/ f A rp //2RiM i61 f4 14e��on (.49. / 7 .- C'-- 6. l .1 4 1 0I'V6• / �` , JS (‘ Q j 7. ,— I - - '1'1/ 7 ,/„_F---ii4 ,:l '9'7;_ 4L1-,ct /6,/ -51i.-(0-07) 8. 1 aP CI �e.0 o5 LiAcac cIN, 351i) N IN s4-vne, - 9. tf(giC 1/9 /{/ /1' 0U - i e R 'Q _ i o. /c c� UZ ll<D 0 3 1 C3 S Ci im,,Leiathyok nvitsufintztre ;bog ifyiketudenlfte(Oc 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 forpermits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, 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 ORDINAF ID: 28 SEGMENT: 23 SECTION NO:SEGMENT: 11 SECTION NO: 316 595 N 0 V 0 0 2005 SIGS/SEC: 2 FROM: 1 ( 5,699 ) SIGS/SEC: 10 FROM: 1 ( 4,601 ) 595 TO: 2 ( 5,700) RECEIVED 316 TO: 10 ( 4,610) 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. M o5-� /'h. 7v s.`e7 S v,--k 309 Nits.). 7 se . '7`i/ ` Og 3. a --RI‘CON116, /-/ta- .S' . 5. .r( .i# / 6 - o 5 L, 2 Zy f/.�.2z< <�--, 6Z-, R� -/�"/� — 6. , V\ylApf 0 • 0 0 n n Lt CA el C j, S i,' .Svc s .:�- '(�� 7— //,- - 7. i ' ' 1 ', 1420 / ivr) t/'ec�/� deP6( S6 PI e9:Clir1f//2 7Pnitin legS 7-11-etr- ' v e-/- rae&--L‘e-Ate6t '*(9 t•alTitd, Wilrz. 44, 1},lj. �;,.fi 00ittAi4S 37gg. IV6 10. ii7 "` _ 1 4_01Al Zit , _ 71 / 15 k Igrtri 0 qb\Z., 1-- ,. 191 ckcAc Lk) u-i, , Ick - 1.1. 6-5- wr 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 ORDINAP ID: 28 SEGMENT: 11 SECTION NO: 317 N O V 01 2005 SIGS/SEC: 10 FROM: 1 ( 4,611 ) 317 TO: 10 ( 4,620) 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. Signat Printed Name Address Date . ,��- ; c O6/2_ /e/aT-Z r/A_ wJ 'f3//s-- Ir r e '' '`_ _� `�� . i I11��L .�.� s 141-4 ? .w`Uc ..M an �, 3 1 5. D�..-� ` Wm = ' i 4_1C II(DO be/03 eva iiVc IlE ?fa r3/oS 6. /. /i. " I A )5)' r003-sr r I 7. 5C1 1 &t l li `L 15-Q Yid•3p-,D. 2 zsO `7-4', J 8. , ffla �r,_✓�.��-1 ��`�`�-�'1 5153—Lsii���et� ���� 9�5-'� �"� 8'"e� 9. # e.L SAME5 E. COY i nz i 33d. pc .�00% 10 at AL.�/A—%' _ ,II L":r' . ag`aM-�:—: 11. i L id 362 it eI f4-(JP UU , q5066 7l4 12. t� 121 Oh Seri .JN 5,03 Pace_ * i W8M55 /y/d > 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. Agrossmisdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. ��f -- r CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAl' ID: 28 ITY OF RENTON SEGMENT: 12 SECTION NO: 318 SEGMENT: 32 SECTION NO: 880 - • SIGS/SEC: 9 FROM: 1 ( 4,621 ) SIGS/SEC: 11 FROM: 1 ( 7,086 ) Nov 1 2005 TO: 9 ( 4,629) ' 880 TO: 11 ( 7,096) t7 318 ___-•--•— - 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 —ire fair ... - ` � � I� - f J-/-6- —/--/ fie% -c-- � '.ice ' P`�� �/'r �L' ^, ;mourir ciarawurl><'am _- I_ !`► Fir r NILAPat1►�r i �'i• 4. `' �O I k c 4 -am M .1sl.. ct Pc, JU6 7-1-0' .!, ,'y 3,- - , , r ,off r's, IBM _ l__i _ �►ri`%: f '� _ 8. - ` a zy''1 }"1 �\ C)� �D 6- 3 `'tom &'• :Ps• '',1 ' i3 (u /////, '� lop . irk L-4i11L tA, II II P Pl,°,6��'.1.1 Al 3 7 CO Al - 'five 1‘ il Ai ICP-A-ci, 'i.4 ' d, 0:5-(k; `%1 ((C,1:1 '' 414-4-41_ — "mil , , r ._� _ —'�' Fes' fir , v ®—� '1&\ '. a J7 f al )gy v.,/ ry� /y ---m �[qy�^ I ❑❑❑p/ �nI __.-- 15 /�f.` /�J •\I `P' .� 1- C / 1— J'\J' lv.,/a •li- fZt r.l�.; fA5/4.�5y-, i ,f�ixt�' �cJ ,D i�t'fi. .�� C t ux-�tt.i la Td CI'f i 1�r t `=(1- t s9.2. � ,-4.u... i&-lye, ' .1'J ,-4- - / --7/ —7/ , . is t�-fir _f s _ G .4 'c r :J f� r L 19 � {� j 16 S1 S•I 6 U,-786"4- 1 ,3(`j '` / ' &,,- 3' 0 20. ,,;:4-✓ � � 2 !: _ Cam;ire 3 EisZrsa.,4.4 /54r SAC-- 74/z-b3." 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. cI I ,° Or RENTON 319 CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 NO V 0 7 OI:'FIREWORKS CONTROE TloNINO:P ID: 28 SEGMENT: 27 SECTION NO: 778 SEGMENT: 12 ( 4 630 ) g FROM: SIGS/SEC: 6 FROM: 1 ( 6,325 ) RECEIVED SIGS/SEC: TO: 9 ( 4,638) 778 TO: 6 ( 6,330) CITY CLERK'S OFFICE 319 -- - EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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. f(-clZ'-it-,S -7,,. ./ K fC - .. I 7-/car n g 6:9 i? _ . Cif il, / .CCU, „ ^v 1r�1 z�' s 2 ► PL ��ie .i,\ 0 ( _ �A � )U 4 1q 5. Ti `1te '1•JV V f D... � - 714✓ 6. 0606 4--i-ob lc � Z lOi 6 W 5't -�3�.�,y fr y-3(25 .i b ---6• -< T . 5-1 kayo 87;:),p-k. - r 7 .i _ ;:r No azi'Oil 1.1)6 L1 26 �'r e1,O\ e 2 }N y 6/(I 174,) g- 65'0-5-77/Yke_(. "9(1,6--,,S.7, ? ../Ly ..,/,k„j 1 t i 0 9. G dr' r ir-- f /Af - _ , _ ., A R;� . 7//file/ - 1 1. _ im p-� a�r�l 'i�Z���I • `1' v( r nr n n�,f. , q m # - _At IA •I l r ►..' ■it :-im](�iril��1�-77"� 13 f �•1 •_ ... ��_ r ' »Cot..,' g� P//-Z C 4 i - /0 0 7 ii �. lir mr mil` 1 .v, :( ( %/�I1.?_ J� :. .17 d1 l f lis swig y .4111n . vett 7/'6 i fret .17 ��_ i 1 �flflt L r 1 , ' 'It ' kl'1 1/)P 61 . '#,G F Z)/ 7/I6/06 - - . —.,��.; .. ., . ._ ��all iili ISM/-" 1 •.' . l.. 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. r: ;l his ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. 'A.' Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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 f FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 31 SECTION NO: 871 CI RENTON 12 SECTION NO: 320 SIGS/SEC: 10 FROM: 1 ( 6,992 ) SIGS/SEC: 9 FROM: 1 ( 4,639 ) NO Y 01 2005 320 TO: 9 ( 4,647) 871 TO: 10 ( 7,001 ) 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 asfihe Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. • We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for (' himself or herself says: I HAVE 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�,6:5 _pt ---1 4, grew , , ..----- - ., ... , i ir.4 , .4,_ / I _ qa Aw ic'4fntiln ny 7 � - - 'WA ' (-:-;u0-0,-.444 -1-!-; 14 /iMr- I r�� �I� r • 1, , 10, v i r ! 14 �r■�rr`+iu NMI! VIM _ artir>LA7 Mitia a.iv,�tI�.�s=.�u a.n - 8. y 21 /VL iG 4/(I C '2 ? 1, C-,- c /2€4tAVYL `?-=x 9. f ty /r 4t4- 2- /S g �� 7�� g ; 11. Q 'om11 lfp /1/0"PL.. ` Y vl —7/G d . 12.?. ilkMii 1 ii ` 0 iC- S s- - Plat,, 0, - 7 `' ° "�x— 4 . - ----etu--- 6, Ir e 1 1/��(i t- c i &-ais- C 4/tr- tei 1/1/111:11 4710 Ci-(4450/- /Via bAviv),,_ --7=-_- _z__ _/----.1-- • w.7t1iM L v1.�a-.a�'a i•ti fin .1.014 la:.i''CC"i �aaINIla7w�ssaaa•re trosri 'ais.'x 1 'uutr: Y' a 17. 0 `�,I - Walt DI _ .W veil ei 3j 61' " \tv 1/X)O�- 18. � a(J i/+ 7�c-S 7 j. iv5 4�c411r1 •i—,I.475— an (i (�i�iar�9�UYUI4. ./l✓ ( A �N/A/' lCi�]Y7 14Z�►-s��.ct' �olJ[�l m�l..n. �7_7.. 1c _ 20. edei4e17f,6i G) 4(L iZ i '7- �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. - 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. r CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 ®`� 0Q ��® SECTION NO: 321 SEGMENT: 26 ON NO.• 748 NOV8 SEGMENT: 12 6,172 ) SIGS/SEC: 9 FROM: 1 ( 4,648 ) SIGS/SEC: 5 FROM: 1 TO: 9 ( 4,656) TO: 5 ( 6,176) RECEIVED 321 748 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 firinted Name Address Date 1. , - ,(7-_4 /1 41 4:rig / 10 # . . r4 4,1 gri 3 07 ✓ $is 4 �� i�!/ i'! // O �d_ !G �/I��if .- �. T-B y DES /� ,% ... R P . . r / 7. .7 /, . 8. 1 . 10. '. a 6 l l� � Ozillria VJ►\ IG1+�s I�.�-Ol y RIG ��eSc �`‘GS% R� taa ?`��,5 12. ,. \(A 61 -0► ADO S , 1� l 11S'Py 13. /�IA �Gier /. !G I f �I,l����5 - j n"" ,A . � 6� r' � see�t -�]-U� f ,11s ,. /' • / ► 'r. ► ,• 7-9t',)S .�r,I/f7i�1li�1l��L L1IIwinari:�►.1w.iii\6) ��u.... -.,,���� 1.-•1..- ----i�--,--'/ ,�,--u:.:v. . 16. 'w ► 11A61 I ►r Q K 0j `V•%t 17=.. '--4-.. - A c 1 - nr,- o4,..,, _ mot l ?Rc- S F0, 4 9-1 •1 d...1— , .�C69.e44%r.- I 8..i—. /4 .- 'er'",:",,�.Amm9 /=3'7 ,4�',-1 ,t-. a •7 ,�Ak, -iu'Ale-lie 7 (oi ae 20. ! ,!`--' l 1D `/ r 1 i�`� �d V ( ,j i,v v � 4-�-O 5 Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required,by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation.or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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 CITY OF RENTON DFIREWORKS CONTRSECTION INO:: ID 322 FIREWORKS CONTROL ORDINAP ID: SEGMENT: 12 OR 28 NOV 9 FROM: 1 ( 4,657 ) SEGMENT: 22 SECTION NO: 522 v 0 1 2005 SIGS/SEC: 4,665) SIGS/SEC: 1 FROM: 1 TO: 9 ( ( 5,600 ) 322 522 TO: I RECEIVED ( 5,600) 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 1VIISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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/pi71 f 17f 2y7 Pe yH i 7/� c�a 2. 1 I Al, ,. 'Lose • raig • ' 3 DO it/Ff S •ARM - f - 4. (Obey' ui Loy imLon9 15 Gf h 5. III . ,, _ 3l . • 6. / j sRr 1,4 7. / ! r G dr I� (1'1 Ie 5 7 44610) GvY /(/ 8. �, rc �, (o� P - o� P y � � 9. Mc • ,6 .����� �y1��� ,� �q0 ! 11.L-2, `2- 0-3 1•. or 7 7( 1. 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. 1 CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAI, ID: 28 2NO: 309 SECTIONSEGMENT: SECTION NO:S GS/SEC: 9 FROM: 1 ( 4,666 ) SIGS SEC 9 FROM: ( 6,879 ) N NOV 01 2005 323 TO: 9 ( 4,674) 859 TO: 9 ( 6,887) 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 tune Printed Name Address Date 1. - ) OyI,VVie 01 50VI NE a/ 54- W O/ 7 kfaoos" c9 beec dL. e iiir r � 1i�Qcor S.�vp ', /n b i3i,,/j0t, ,,r/ C,,,/,‘7V115-#9Nfid,teS05-L 6.7g. 4. W-- # A) ---71 - 6. ad ' , ,J kind 4lOJiy(ovfiukr 10ii 7 770 -O5 - r ..`I/ i - _ ' ' . • Ai _� _ • '�• illif/i/w ,"� _, !! li.►► ram . . .fai#2- I%1k Y k 9. ( 1 / .-- c I► Zip 1, {w J P,�I��,` `4'b3 ,A/•� c' f 1?OSs-? 7 2/pc r,, /L.e/d' fOlie / ////) P/�(', r�k i,,�.3 /A,4 A7,4 ? -7 h/o�S� i 13. C - n—C� ll' 5- t "4,2 Les `� ® ��/ �- 14. ra—�4>.�� 7, �.�, _.4,.., -, 4/40;'r .." %t'ea/4,7 sdv-i :�90/ /l/ f///??r `?/y//& —I5--/ .. ar/Fri 160a 1; 7/ —T , , , ,... ---- -----P4e:r---6tv,-„-krb------t-3-6-z-r---j---e---t-I 2.--- -$74-- -T 7--7---6.r" 1 ,eik W1 PA7�/es.9 ilibig6ihr, 34l r Alt= 9J 5.46 9 gas-6 - j-7- 6 a o 7-'2-fl> FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable.. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including-fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 ORDINAI, ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 12 SECTION NO: 324 ' SEGMENT: 24 SECTION NO: 660 • NOV 0 i 2005 SIGS/SEC: 9 FROM: 1 ( 4,675 ) SIGS/SEC: 3 FROM: 1 ( 5,852 ) 324 TO: 9 ( 4,683) 660 TO: 3 ( 5,854) CITY RECEIVEDLR S FFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088•and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. • We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address D to ct U\----- ' t 1.. -6 di ie ViffielnOR 1 g / Pic j ( __/4 — ,__ , e064 ieW ec-dfild(0/ 7 '1''Ale: 2. Nilo +‘'4 41) ,lelr'N vlq /�r�u .lz1'' ' ""A)/ //�d 50`:seer-1i illi �.2Z 9,fcisZ ?/fr`Qf 4. _.,� .f-ail... I/= >'' ai�4-tl G 'C',� Iri�_ .i�, 1 ;t' -✓ /`'� : .Yi�rl/tii►r - - - }--'� . ,1I'-'... ...a•'; :: - ..<__..._ . 6. °°:41. . i ,., I IL ,+�dg 7(1)r 7h/ r I 8. 4tr v 6cc,dwir, v /13 3 1D .) hd5 qeo s 71 q(cs 9. St) I* jh1n 1 3Y/ 3 S k' V- S t PJ $ C 7/0— 1.0:,, if,y-ci , , 6,56 ucL, -Qc 7-1-6C -- ./e--0.- -=--2(-)-2_--4 -- N-E--- -\PI---7--- — _- 12. dr �i�:= - .= Ill• `-4p . �A t i Rt -77? c ©� 7 • ,��...;.. :,,,,..,.-lit ,may%'.. 1 .I 4, !I/,� r'"ice, ,+'V,' '' l e ' 'fir►" P I ir 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 ORDINAI, ID: 28 N O V U 1 2005 SEGMENT: 12 SECTION NO: 325 SIGS/SEC: 9 FROM: 1 ( 4,684 ) RECEIVED 325 TO: 9 ( 4,692) 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 tea;r .-k; t L 2. r. 5/1't 41501. -Q Pf 3 obi t k� ON 3. Otivwx,t S--1 ,,Jpftrue,c tqcx) tx_iniosruval°2- - 4 . 769 4. 6 \\CIL Q' p 1n c t C\\C\i 1C 1n �h�43,1 flC/ \1P�f�-"' r r 9 lc u 1 ‘ S 9 ► /9-. 101445 `1'I 15 N.E 5T �(1. _ (/ $ fo50 a4 /( 6 �t fG�S"tP 7. =-��� _ 5� �i��� ��� ,je Z 3o a l ?i/170 pri8. I Ali ,iffili tAaP `f /cgoaailvi 11}6. ' 7(/ D5 9. �1 yeti ��, r���ltibsJ S10. . \co� 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as"consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not • including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 RE CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 �r01� FIREWORKS CONTROL ORDINAP ID: 28 SECTION NO: 747 SEGMENT: 12 SECTION NO: 326 SEGMENT: 26 NO V 0 1 2005 SIGSISEC: 9 FROM: 1 ( 4,693 ) SIGS/SEC: 5 FROM: I ( 6,167 ) TO: 9 ( 4,701) 747 TO: 5 ( 6,171 ) RECEIVED 326 .."y`.`�1`.T CITy CIERK'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 , /a4 ii1 Date 1. 42rf /? ( JTflT9)\J J i-i 6 7`�S7" 8�-.�--b - 2.�c4, // C- - f ut M f�. f 4,tiqP. F 9 S.(. c.--- 3./ .1.,(- z tel-;.9 k= -Stk C•� & 3,/7 7,9C.bi-O P'�� B -r- • l, l _3 1.-1u 1 C L 2./.3 ze sum}t= e- L� :v f_ 9&.) _ � r _C 8. L.(L u n� ( PtA,J I no 3"v 0 "--o,� �� � 117 5 i'l G��!/I'1111/ir,, l J `b ad �LI A 5 9. - 10.. ,1 }1 'f111/41 i'- '0. k 1.-)O j .'0Q ) f CI !. 'D-S"., 65 ., -i±� S' -p er 12... l,/�i�� („_ ..„ / i L/ci, U e, , / /u,.,/_:,---% i.0.--r, 13. r�n � ti� tom'"I (DID A?LJ G f Q � -� L 7/F 7�6 5 -y ( 14 ) _ S}II 6 ,-- 15. k1 u1 P �� it ei nj —�- r I r 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. r- CITY OF RENTON 28 CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP 10: SECTION N0: 327 FIREWORKS CONTROL ORDINAP ID: 28 ( 4,702) SEGMENT: 22 SECTION NO: NOVO SEGMENT: 12 521 1 2005 FROM: SIGS/SEC: 1 .1 SIGSISEC: 9 ( 4,710) FROM: 1 ( 5,599 ) TO: 9 521 TO: 1 327 ( 5,599) 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 816i 2. t,t�N �1w�1. IsS 3.)a5 `� � -4"� 3. 144 l i-e2 JI i- c(i 14/1' t'61K ? t k/rA 4. --6(44s. E;t1-f uk. k 4c.1 (,3 ci VL9 ltw goaGt. u.)-A 5. .,.r,!6 i � 1 v�L , tid 1�\-1 i S-i ) ; ,04 4 Ave ,.'*5 Y'`� J 6. - . 72-t ?5 i 13,-;}s>/i i! !t'/i// Ave. 5_ .�p:, L�I�Q `%$� -5 7. eaA Nii►1»Lie . . .e .R c-hFs to_ • n R' s, (, i, ; 'lost r ca r /' arer;y= v2 Lc:rli ' J& - f o : i�. 1Ju'!/a!a' � ?��ld it CT�rairgaD �al.111•111' . . .. . 11. 12. 13. 14. 15. 16. 17. 18. • 19. . 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams.or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 evidencingthe carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, 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 ORDINAI, ID: 28 CITY OF RENTON SEGMENT: 12 SECTION NO: 328 FIREWORKS CONTROL ORDINAI, ID: 28 NOV 0 1 2005 SIGS/SEC: 9 FROM: 1 ( 4,711 ) SEGMENT: 22 SECTION NO: 520 TO: 9 ( 4,719) SIGS/SEC: 1 FROM: 1 ( 5,598 ) RECEIVED 328 - 520 TO: 1 ( 5,598) 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 Date I ` Fos& /1/8 kfres7-147,2: 7-e yS 3. f I Li� 0 S T i'/�70i92,'r 1 J9hipaLs4i.t1C-; OS 4. � '�''��G'%��`' are,-6'u le D SGd P-1/ (( 3 6J C'W a al L r eV i 7— ?-•6 / err 11 age- 4_. 7,,, z)-7 7 7. t dfir4d 6 4 f�9 ��� 7—f—®✓� • 8. 4,ta. d� 5 b c rt 7- 8 OS 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. • 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 28 CITY OF RENTON FIREWORKS CONTROL OTIONINO:r ID: 329 SEGMENT: 20NTR0CTION INO:r ID: 3 879 , SEGMENT: 12 SIGSISEC: 9 FROM: 1 ( 4,720 ) SIGS/SEC: 11 FROM: 1 ( 7,075 ) NNOVO U 0 1 ZOOS TO: 9 ( 4,728') ' 879 TO: 11 ( 7,085) 329 `""'`"' 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 WASIINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address Date 1. 446 op , s c5-- , ie / .5- 4. VAc 03 N - S /Z /0_511zA 5. -till', Ow ' s jOOdieA74b0Dmox) ko� /(-/:7. 7 - /LL.L7rA g-P S66 Vti pRr2,56---A Aft-- " iiisp Ni ._ 4 ccs , 8. e \ C a>1 )n1 ^ae. - g 7-z Os /Gs / c- io. C . ei®'0 /4- Soo (`1aveoCA ' try- n' 191 /2//7s-‘ )I / #01-td-A4-/-Adara-fii-a--06--5---/ Cfga_i5_043- . ,_. .. .__ , . , , ,P-4-- ---0/--7----(-----,74 / 2 .-/-74--cr--0-7-'-gP-g3.446-19----kos--4- 7-14944 1.1 J 1)' 1f- -r= bra= �;: L- �c� —1- T1 &F.� c/20, ;c4= G -W --- en- ----1-}1. 0. --� 6--fib-+ ` SG-- ,,;k >1 , l 49767kitiey,1"„3..(.44...tulet_75__ - ---1-7405° k---L'i-''' '-- c— ---Z_hv r 20. fb !--- Cie�E --i —f-� .--Z lam., l1-c—q=7-rr-sus `�( t II ' 1. 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 riot prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: CITY OF RENTON SEGMENT: 12 SECTION NO: 330 SEGMENT: 32 SECTION NO: 28 FROM: 1 ( 4,729 ) SIGS/SEC: 11 FROM: 1 ( 7,064878 N O V 0 `1 2005 SIGS/SEC: 9 TO 9 ( 4,737) 878 TO: 11 ( 7,074) • 330 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. 40 IJr) 1. 4At.-Cmir %f. lar` tLLr JYL/' lt 1 slakda.` mow 3. r�• cc_ 568 yell . vimN /zy/O5 5 r e 1 JI "� ' L6 G Y J 4. ` 'r �. 7. , �S . 00 r - _ �� leW . J. ari Jfife / 0 � 1 14 - t. KW", -r ) (15% s'do 4(er)4-4,--ti 9. s' C kcev(eS S t-04f z 2 ( Fer-,,da(c cj. ✓ 1,1 1©. _ • • . n(zs , �'aq. '``x1`-cfri---16fr` � _ % , 11. able€S4 ( rize�2 4 5• c. /�fi h 5�' qgdI 5J' 14. `-(0 �Y l✓' 3 > 2S� �' S� /�c �,�v GI C205 77 4S " 7,71(41a 53- 7/ o — •16. u . �`s 1 -I out, , f2T7c SC s® {.," ( `7 U < •17 rr �P — v. / >rl(Ct7 ci? 4_4(41.C., „7/m 1 �./ . �r�ice ,2 �I a 20., � ' ��U1� 14 i te,cr '14 Lodl`n 2)-e /11,0 g has�� 7-2 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. 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 ofThe permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer, fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON 1 CITY OF RENTON G° OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAl' ID: 28 SEGMENT: 12 SECTION NO: 331 SEGMENT: 23 SECTION NO: 594 NOV q 1 SIGS/SEC: 9 FROM: 1 ( 4'738 ) SIGS/SEC: 2 FROM: 1 ( 5,697 ) NOV 0 2005 TO: 9 ( 4,746) 594 TO: 2 ( 5,698) 331 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 R � cr( `r ( (3.04e ,- 2 t• h)1 l�. P , `fc'3Z Sq" 5-1- r„f,A 7-lz r� 3. 4_t,I11:1441 o1Q 3i Irde)o ,O5 �� iz,o 4. ( nn H2 l c 6/308 N'e Euine--1-Bioovii 7. - field- Pca (e_R_ ter' 5� 7 is z 8. ,C I�-- ' `F) 3?PalI 5 Rzeiir44 04,9 Wet-C 7-(z-CY 0. �% � O(cJA '3O --.(c.DJ Gw_cC- E.P.36„ 0 762105 / 12. , ri 13. c1JZ� 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. is Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other,modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22: Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1,. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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 CONTROE ORONINO:P ID: 87208 C6TY OF RENTON SEGMENT: 12 SECTION NO: 332 SEGMENT: 31 6,982 ) SIGS/SEC: 9 FROM: 1 ( 4,747 ) SIGSISEC: 10 FROM: 1 • 332 TO: 9 ( 4,755) 870 TO: 10 ( 6,991) NOV 01 2005 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 '�• � r1 -- s3a /Ve- d3 t -� jai--_ _? �I �c�1AlF = i A1`'rC= =yra�3tr r �. / hj ' a Ir[���. l�- are „it • •. 7. i) (s // e. i/' ? 5". 2l 8. , 1 L ^ ill02(6 it AnimMIL, 57-) kQ0 ``K) 'VI coI ;- swim. Ns ritiiwt-iiiiM.1 1 1. C .t/ %Ll L/7 +41 J)I:fP LL- P ,9V, , g s 13 97g r Ze-A, Ageza_tx- ov 4/ 9- e.-se / 44- 4A-Y/J 5 s 1 z,l l 4- 'G- /,71/6 T— .17: /0, • J. f�!fir. tl�l � (-011 S.- 0-07 /(c(fis(VG-- ._ ° _ 1 8. • r;-r ln��--._.�,.� =i�° r" "/. >Ji9.•- tC! -c.='�-yi s's - I l ll%(-') ._r_ _1 I� R1 J' 9� t_2'li i!h'Cl \~•N.�- _ __�/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 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 file chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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 1 FIREWORKS CONTROL ORDINAL' ID: 28 CITY OF REV�TOiq SEGMENT: 12 SECTION NO: 333 SEGMENT: 32 SECTION NO: 877 SIGS/SEC: 9 FROM: 1 ( 4,756 ) SIGS/SEC: 11 FROM: 1 ( 7,053 ) �� l9 1 2005 TO: 11 ( 7,063) • 333 TO: 9 ( 4,764) 877 --_ _ _ 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 G1702- 1. : Gt• 1 a 7 , m K 5 -12-6( ._,Y ' --47---‘ 00.-1 -- = - -6---t-- -13-9-atArit5'---- --- - Li ,---- ,�/^ ) p n 6. C'�f/P4 4.� ° I/O JT`F IBC I Mgt 6- ao`t AM-, corA04\-)z) s --7 -i0 -o 8. C ' # rl -frICIMer q60 inonfae Are iki il. alt,41 7- 2- 66— • '."wie, r54lthdniLAV - —la lg. -_ tzt--E&7s4, :ft:valo , N.3aw_�l =_. • —� —wa tr"�ravaaa7_ a.���-- 10. ` •z {� / �'1 V11P .s l e #,.S. /c7 7- r Z 4 1 1. "-i j 't4A_Acc 1---( r(-l,. .(.//1-1 -c(I ,S P�c.� e i .#(�l � >Aq gcfo�5 p7if4/_ '4(zo/3a Ii r - - \ic)- r7 }� ice z. x _ \\6V lm, k Alt 15. • />y,. je b n i f-e — J L,m 5-FocLrr 1 lido s-Gvh a/ !LK r I c, l m �� __ � �I_i/l� l_ 1 17. /1 O A)/ , 54 IC? 0 7liici 18. O Ga- 7---/in 9 e Ll l Diu - P r \ , 7-I3=es .._. lidv.._,0 -%,_' 7-13-G. 0 .yam O. Z r a. a, ,k i(lylU�i FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or,could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued'unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. • Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. . Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City• Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 12 SECTION NO: 334 SEGMENT: 31 SECTION NO: 869 NOV 0 1 2005 SIGS/SEC: 9 FROM: 1 ( 4,765 ) SIGS/SEC: 10 FROM: 1 ( 6,972 ) 334 TO: 9 ( 4,773) 869 TO: 10 ( 6,981 ) 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 Nam Address Date 1. s ei /14e r/k/ k 7' 1.1 .IwreliarlaP .� �1`" S� �\J\� i;\i _-�-- 0 4. 'lLII .� 4c q 26 �� r - 1�� 13 51.22A. )5.oz,4-,,-7-i:O c5 _ pgtiv - ;- 6. 4dieW m a it bin- ).A7--‘ 7_20_65_ '6" All 9. � \ 52c( IQ) -C�- cI�(� � �({zN;c5 10. emoii_vaci4L5 ?in IUD lq-/-11ef ire4 to n 7, 9 oc ,T _ —1 CI S �' ID Q � 1� �r IfQ Al ►� l . 13. / % 14. 7Z ? ` 1' a 3b1/ve t ' s'( cur 1, 6 /2 Mole 1polo� 15. , _ J 7f k T-{7}y j Old-- z e S c Zrun -- 6 rarr rmx) os- 7/go/al 17. d/ � 5-6,7e 7 o e G i8 S 1 G Re,, ci AiddiA - M R O® 7/zd/v5 FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. • 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 forwhich the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. _If a permit for the public display of fireworks is granted, 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 firework s except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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 R.ENTON V FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 12 SECTION NO: 335 SEGMENT: 27 SECTION NO: 777 NOV 01 2005 SIGS/SEC: 9 FROM: 1 ( 4,774 ) SIGS/SEC: 6 FROM: 1 ( 6,319 ) . 335 TO: 9 ( 4,782) TO: 6 ( 6,324) RECEIVED • 777 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,,.- T , Print Name Address Date 2 LoJk 1-N+fS&L-Vial-1-1 C,f goi 4 /5' I : ..ir i g ;713 be b ) 1 r e -4. irwraimigappip ,mgmtv i 1 PI J ;i . �2 �'/q elLea`� �! r�j ,L % � f'12.S' / lj�P � s� obi - ! � ` (� e' q —. 7:-_ - ;.A."_/ins�� - , r� + - , !rA— is rs -- ._ �. - - -- b, r'. - ` Pam, w r ✓�l�// i AI'� `:`- 'ilk liAr a'r� .a m u �iir4roviiii.� —� ' -'' � b �' '--anillnallirdiri.111MILIMIllilb s-6-0.7-..6..: Ill �ri �� .G-'—Y `` C ``�'� r=��`�.."�:-��" .ice— c_ 1, d / 13.. : �� jca/ L • a' Off` 14.( ' e-i,s- ` S i 60,14,'a c.- 1-45 i/7 COO l <S`,, t 69 '� C':I- / r w-0S- 15. 0 �.)► 4, 7--2 (74iQX c.'770A% C 04 ,)° 3 7Z 0,17 cr 7o/ 16. (�e inn\ 10/ S 5S1. C? . J''7C)17 Cs""/a`/�' I✓� 1�(,'� 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 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. . Section 21. Nonprohibited acts-Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. -A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation.When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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 NOV 0 1 2005 SEGMENT: 12 SECTION NO: 336 SEGMENT: 23 SECTION NO: 593 SIGS/SEC: 9 FROM: 1 ( 4,783 ) SIGS/SEC: 2 FROM: 1 ( 5,695 ) To: 2 ( 5,s9s) RECEIVED 336 TO: 9 ( 4,791 ) 593 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 , 3.5 Date (-LA CIOS 1. C/IftA# l l`C1�Y 2s �j� C3i�� ‘1".P 14.04-r�T 3 4'' -G ' L/, IL'1d a liJe2. 2,2‘ lee Ci7c.Y1ta Ld,�/es 6 ln � 5. ` a L t 4 t1-1V l(� •• S , V v 4- &iA.Yu( taite/t.. %hest c 3ol Ntc� w3 11§ESA Aarc, Lte-Q ddos-5( - 2/y 9. ekr/J 500 I"l r e e . `„ t� 1 . � e DE6/1,4- 14-2q--07AP tVs1s1 A)16: q n 12. 13. 14. 15. 16. 17. 18. 19. 20. 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. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at anytime suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. • Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON NOV 0 1 2005 FIREWORKS CONTROL ORDINAI, ID: 28 SEGMENT: 12 SECTION NO: 337 RECEIVED SIGS/SEC: 9 FROM: I ( 4,792 ) CITY CLERK'S OFFICE 337 TO: 9 ( 4,800) WARNING • EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions- authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. • Sign re Printed Name Address Date /(71(./-i42 4 8 9- 11 if 7//4)- 2. Kket- tre-s a-7RCV 9 3. , 3dZ41 1 ( 3 C-B Rocie_7 - 4. ,� 'I RqWbgLL 'a (R1� RIOO! �GC-�r�VWO ' ky/c(5;-7 5. 6. J3 aaz 8. a12cA Caw-0ti • 20 , /Yela 9. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and,for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, 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. Jnsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth Jay of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be ~eturned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the 'ire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day Df December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved Dy the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved Dermanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by :he fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Jpon receiving a written application for temporary storage, the fire chief shall investigate whether the character and ocation of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of Display of a driver's license or a photo identification card issued by any state, a United States military identification card, a slid passport issued by the United States or any government recognized by the United States, or any other valid dentification with photo issued by any agency or department of the United States federal government. No other forms of dentification shall be accepted. Section 18. Sales or transfers of display fireworks. \lo person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this Thapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of :he Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this )rdinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses s 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 4 FIREWORKS CONTROL ORDINAP ID: 28 ` NOV 0 1 2005 SEGMENT: 12 SECTION NO: 338 SIGS/SEC: 9 FROM: 1 ( 4,801 ) RECEIVED 338 TO: 9 ( 4,809) 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. /vS A-j G7 v /t /V,/ avi, /j 5-71 ( i'/c lam, /,.�, /Yg. '�r.G/—OS_ 2. J, A c7r LEs S- Al C0,9R �J0iNL �6-Ac�T�/�. ' d 3. v 5 —33 & '7 2- 7/9/a 3' 4. A4.-/r,/y '-P Ire,e ie o 9 L y e it i,D t, ,L 4-.v. t/E- tc-ciiic-- (t- 31(5 i'r -i-x-- q(65-P4/ ,4 ,--q1o: t7. 1I I( _ i _l•W 04 _ 22,k-3 Ne (1?"' f- 1r5c-G 7/vor ' 8. ori12& Utbk, 27A2) () 13-Ky 11-4 ion 9. " O' fftcli'V' xOga 7 C C'e211/1 1 A 1 I 77 7,1141)27,x/e ./1/c7-q-d, 11. • 12. 13. 14. 15. 16. 17. 18. 19. 20. • FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose— Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 perrnittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, 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 CONTROL ORDINAL' ID: 28 I CITY OF RENTON FIREWORKS CONTROL ORDINAL' ID 835 SEGMENT:SIGS/SEC: 92 SECTION FROM: 1 NO: 339 ( 4,810 ) SEGMENT: 29 SECTION NO: 6,685 ) �N O V 6J 1 2005 SIGSISEC: 8 FROM: ( 6,692) 339 TO: 9 ( 4,818) 835 TO• 8 ( 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 _ __:.a YC v ).f-Chet•---z/-.- - 55f Q=8- l — (05 3. _ rnr�. _ -, A• 6,41 5G L G5 aLiA tiA.e U 9116e_Ai E, Sagzij ?fLi.c 9 744%S/ . - I 0 //o5 - r ;IP ( a_mrifitw ••,r. A1 V P1 • 7. Cok.)\Y•Aln OCcW\\� 1 L L ch c —r\i —1 i 0(0) 8. —9. L, y - 60\k—--495-5 •=e--14 _ ro. ey- -401,1 ifouriarvelir . a v Gok 11. cr c_ �.,. 1 Li (/0 ,� .(,O G.4• VO qc6Cr Orr/ • '�`!/ /'� //♦ Jy /! �+ L. a/ E? lej 161 to t��C c, 1: K b e I e_ 7/7 /v c,z3` ��K e`G° ,0 1/4- 741743 r_ = � 18. 3 • r 1 - V . �! 20. A.-51, 6—Ogg1 /lit /tY i Of-Ale cve, .� FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and include; but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as"consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance,to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 NOV: 28 CITY OF RENTON ` J� V � 1 2005 SEGMENT: 12 SECTION NO: 340 FIREWORKS CONTROL ORDINAP ID: 28 SIGS/SEC: 9 FROM:1 ( 4,819 ) SEGMENT: 22 SECTION NO: 519 RECEIVED 340 TO: 9 ( 4,827) SIGS/SEC: 1 FROM: 1 ( 5,597 ) CITY CLERK'S OFFICE - • - 519 TO: 1 ( 5,597) EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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 p 1E) Printed Name Address Date .y G (� (A4L-Z4-40ea.4 4C-ZO /66 q's' fi 2. / ��lr I k 330.5— 3kvh e 1 /A U !` // T 3,=- ri mei v l b 3a ca�as A J e_ �e 7-'1 / ji/d,440 7 - D r -ou2- 00 7 46'- 8. ,f1 63.0 P /l1l(r1l011 AJ 9. LT, / a I L �,cIt / vc 719% 6 /2 lye'' 9 M rt 5(060 7 Ai 11. 12. 13. • 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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. w CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SECTION NO: 341 SEGMENT: 12 NOV 0 1 2005 SEGMENT: 27 SECTION NO: 776 SIGS/SEC: 9 , FROM: 1 ( 4,828 ) TO: 9 ( 4,836) SIGS/SEC: 6 FROM: 1 ( 6,313 ) 341 776 TO: 6 ( 6,318) 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. Sig iature Printed Name Address *0Date / ,. -/p-`i,ir r `•�z. tLrrt I`.. I. war. -�m - --- =ice — -4-.- /lb,. - ---i ,-7- -------7444-1---&Ila 6.WO'.' '0'.--4---t••• --.:,..,-,,,,A4,3D*02‘-•- --;-='-,,-,,-t.--,----,---,,,_,____ A.'Air • � �) I e I 8. Cc 1 t (// ? S ao /�- %�rem,, , ! -t2� 4.ht `� ?c) -c, 9.,.Ft , 1 . � _ I'Z'U1� X �)J'�br06 Ai6 S C)� t-- St-VO &' *os- ' , 0 fiAtadaA ,. ic,I 1 1.Alleirld I _ (,7(( c,fo , e^ ,L- f'U. ,` 7��, J� ` 1 � <�, i f � r 13 I �\ J 1 . rzi�I[. L< 13, - �.,,,.,..N. �.:.,_ /`I IQ ei2.-In-Q: , -I 15 >-`,rl '13 71 -tit -y—q,r66 y d5 4 1 `` t oZ �54 15. • a, t„/a(tres u-Vk p - 107 T( J6't t O S `11OSS- `-- —r6 ,d(76, -----gr ---0-eff -5,4,---,-IF..-t6c.-"(----f--5"--M---:--1-44----hc-- -- -- 1 7. e,41/,,tt, /7.- Ze., &Vi y R, ..te_ pito ivk 574—PI c 1,Coi-z.1 -7/Spc-- 18. 19i' \ 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. e- 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 [he permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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 RENTONFIREWORKS CONTROL SECTI ORDINAP ID: 28 1TY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 ON NO: 592 SEGMENT: 12 SECTION NO: 342 SEGMENT: 23 q SIGS/SEC: 9 FROM: 1 ( 4,837 ) SIGS/SEC: 2 FROM: 1 ( 5,693 ) No C0®� TO: 2 ( 5,694) 342 TO: 9 ( 4,845) 592 _ RECEIVED v 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 ire Printed Name Address Date 1., t,J Izewi Q lri Ja ree n a g W c lore LNN C has -%r-r_9- —----4rIcio`r----4__;(7 -4 -(eqe-/LAI --- -----7----c(-&-c-6 -- 3. ed,to-e , . ,.rr mv� !me,/ i4• .S 0/0443' d' ip2.s-e_el t d f-7 y O s-- -6--)L). /-ite*R tcy i-. (--/-:1 DC k e-s•E-e.12, igklyi,„ ,°,e,771 ,C1-ft,„ �/t b s— .4 elfAcal_eA_.%/gitAie J bi 6. ' e,c-t S 7-�k--570 S MO &c,1,2216nrck Ode".moo 2 a5 7. &rfri (6 [MCA LgUr V5 Ti �)E. /�f 1��� 8. ` C(7c I Pc_ KC elms.. 7/54 9.--4-= - -- is oft ?7Q . `--=- --twt og _rk, v,,,, 4 4-97,1 10. f m. ci3Oo° /ir�: pNrg - dh��&-ai 2I rn I'l�Alu s G f A - 5(t l-3-�- /c_ 4--147-- t .a,e.61. .-..7a . J 12.f c T-I A 9-0..." kv-Q `10Z 7( 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 28 FIREWORKS CONTROL ORDINAP ID: 28 CITY of RENT 819 SEGMENT: 13 SECTION NO: 343 FIREWORKS c$ON NTRSE t ON INo. I 6572) ®� ® � 005 SIGS/SEC: 8 FROM: 1 ( 4,846 ) T 2 FROM: • ( 6,578) 343RECEIVED TO: 8 ( 4,853) SSGSISEC• 27° TO: T1 ( CITY CLERK'S OFFICE 819 - EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED . TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. • INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which,is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted withiniforty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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 '-b1. ,�,. G.c� _ ta Y✓i o ict IU I I 2IP�l rP ram. �ii 5 E k r-,,.14,-, ° , ori A P. Vol 7,„ %` r,- MORINFJP.A ✓ r "�i , /_ _ . ` • !. t�r��,:�,1fru�i ��a� risnr+sri�.��:.sr�.,Tv��.s �L//�"� n / s - I-11 4/ — 1�i�4mrl �ili► Xi(ibilleal l I •• Jr,4141-4:1-,=-----4449---=54M -41914114-4471:7-4-4,1"--474/4444--e" 7 7 Mr • 8. i <j' lrt_ �� F_ �. iiI3,10. y (/= 6.f Y V.�.-r r/ -Agr. ryioamEr.wimemm!'wvaiC iOra �=yO 12. 6I24)11 1(. 'v Datoa A. 311 One IGt n Ke.rt_ivst ��o:� • jG+.r�; 13. Otett • f,7 • / a�` Q rJl .a �' �1 /ram .._, .1 �,r1 / (�` Y /�/ ��i/ f`� ' J/ °���,,;r�'71 I tit 1 s. \ -- " LI,N��- , S ,c\''4(NA avid. tvz e ��:A k-J 1t:; 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 „-9 entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day . of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions,theatricals or operas when 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 t. other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The.City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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 OF RENTON CITY OF RENTON - FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON g86 �N Q 1� 1 DO5 SEGMENT: 13 SECTION NO: FIREWORKS CONTROL TION N : ID: 28 344 33 SECTION N0: SIGS/SEC: 8 FROM: 1 ( 4,854 ) SEGMENT: 12 FROM: 1 ( 7,157 ) RECEIVED 344 TO: 8 ( 4,861 ) SIGSISEC: TO: 12 ( 7'168) CITY CLERK'S OFFICE 886 EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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. — - - bterft)6 -0 -5=►6d177,---- - — ��- -- -- 4. `, ��`��, � L-kit �-_—�.ti7 3 /WIC.= l5id-- �6 .�:" `F 5. ?Gr,� �Q ae z PL��"c ,� (Lo., �� l 3 • S •'f Aft 2, 7(VAS 0S 6. cy' //et ,J S7 Y ��'r�-�s2 /'( /1147 �- /0 oe '111 . W.V1 1'Irk-477 1 TANIS - ig‘q0 AZ 1 e&I,-U2- earA.-) 7/dietc 1 . ka N1' t0 y5 (cif JI4OD C.-.,ire c /csi, ItLdd N PS 15. 11VrUf' �i,�J 0i NA/ ;Sr jui '0c1 7J7 b< 16. 1 t, &, fty pI% r/ `J 40/ ni.2 571) Q> 9 /dam , S ' —5 sly's 1� -ryry •. l-,..m�'1 �1/r? .', i.�1�f1=/T► 1atlaZ�r✓ 'al ilk wnpr �L!k.-sn t'.wier� 19. l7 0/41( vim" foy C ! //-1W' ,y4:, .7- 476 s� 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. 41, Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 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 pers,in 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 FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL D ID: 28 SEGMENT: 13 SECTION NO: 345 SEGMENT: 24 SECTIONORDINA NO: 659 SIGSISEC: B. FROM: I ( 4,862 ) SIGS/SEC: 3 FROM: 1 ( 5,849 ) NOV 0200 5 TO: 8 ( 4,869) 659 TO: 3 ( 5,851) RECEIVED 345 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 v To? /a-- /FM 64'71 f/A S- �l lJ� A ., 4 /40_2#-#4v I / j'/� • P117*i • I G 41 A.�� 44-- (4 45 q 121-itfieft— ,272M321:61.5 8. .4 *eyhei-Ie Melec4 ��iui� i 1 I +� 9,S 9. tiomy\A god \e, 1 ,.42 Umiak &pa_ fc 711, �� j 6s ] ennc_Cctr [ Gl eef1n1,j oz)4 Jve ci644- 12. G � 7-1-6 c 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. e Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, , authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. • No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. - Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads; or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge"has'. 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any..::.. act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. t CITY OF RENTON • CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 • FIREWORKS CONTROL ORDINAL` ID 28 N O V 01 2005 SEGMENT: 13 SECTION NO: 346 SEGMENT: 22 SECTION NO: : 518 SIGS/SEC: 8 FROM: 1 ( 4,870 ) SIGS/SEC: 1 • FROM: 1 ( 5,596 ) RECEIVED 346 TO: 8 ( 4,877) 518 TO: I CITY CLERK'S OFFICE ( 5,596) ' EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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 A / s11.44,d216 / T1) ?ail 7kk/K AA p. athilki. o. e.I ,ve cut 1 /q/y moNFve rubg. u-" cno5a 7.-2 5. PbeAcLkik. /-kcJ-ier Coie,cir° LIISk AJ. E, ,20tks4 7kOsi 6.4) ,/ d;c( RI c4a�e 375 (/4,50 dk� M'%/7, 7a 6s 7. - 7 " -( C //67 ,�9eitdus.�i7-�-c le_ `7/zio 1_". 8. Akogco Pac l 15-17 Li�colii '\w l)E leas-6 -F/2. G - -_ -�- -7 --_ �_-= ° - 1 .(7 efgh L rU� �.O'Tc a 4e.S .NFU;= 14 E_ 98-059 /2_ • bet. ti`�O'1 / ZZ fJ a�!%�'crn 'l�L i�K S 8 05 6 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 perrittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any • act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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 ORDINAP ID: 28 NO V 0 1 SEGMENT: 13 SECTION NO: 347 SEGMENT: 23 SECTION NO: 591 2005 SIGS/SEC: 8 FROM: 1 ( 4,878 ) SIGS/SEC: 2 FROM: 1 ( 5,691 ) RECEIVED 347 TO: 8 ( 4,885)' 591 TO: 2 ( 5,692) 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 • c r w. 1 11%0z ,CI -6 . a. , � ► - I � Shei �a 4a� �e� c b�� (e&iY,�rnDr� e D3 JASOW Aci '4614 illfgg--5•7/904- jor es 5. /2NvL "'An II ?.T(( lac Li ST 6$uZ "1rdS�r --3-a 6. . ► yvoonc. thirst ZS11 or_ (-IN sr 4- Scr2_ cOV0 -3-a-e' 7.' �r7vxa i 1 c-�• .i 317Oo s-Z\ t is i c' si '?/2/off"_ 8. AY 1 reoz1 N S& T 4)4tflv! in-A.-6 0/as-- 9. � Lahoe.- Wtic7TAI Its- Z`;k 0 00. 161, 44e. 1\16 1gOS% 7/3�+ s 11 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. • 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires,the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 ORDINAD ID: 28 SEGMENT: 13 SECTION NO: 348 N O V n 1 2005 SIGS/SEC: 8 FROM: I ( 4;886 ) i�Y� TO: 8 ( 4,893) RECEIVED 348 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. R. ciAlrt..k..►, Ck 2c,beRiaa,z1a,.1. 221. 1211• 7 ,nos-6 7�--�s- 2: i J400-44-1 qt t.); ) ��y e- �,rC 7fos-5-- -5 U -... h.M t. r:?::��-_:,rv--��trs-sX.x1^��.•^'., :. .�uw%,rva_-aQ,�7.tr s..:.F;.�_::..:w.,.,n raiz<.37,7 'me 1 —�\7 Sr , e dtaC s x_ c z- c 1)101ltk &Mg/116 gfgl 1on 4- q 0 7fr/Us MAT 8 aide SAertN R-NsNim lc&Ib\I �#ea6-+ `i525' 1-s-a5 9. 207- 441/1SS.4kt-VD - el S (v c 10. /�calher&�.1v;•n PO/ N7773;-nd5 9. / 7-5-O3 11. 12. - 13. 14. • 15. 16. 17. 18. 19. - 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television,theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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. d • Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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 NOVFIREWORKS CONTROL ORDINAI, ID: 28 CITY OF RENTON N Q 12005 SEGMENT: 13 SECTION NO: FIREWORKS CONTROL ORDINAI, ID: 28 349 SEGMENT: 23 SECTION NO: 590 SIGS/SEC: 8 FROM: 1 ( 4,894 ) RECEIVED SIGS/SEC: 2 FROM: 1 ( 5,689 ) CITY CLERK'S OFFICE 349 TO: 8 ( 4,901) TO: 2 590 ( 5,690) EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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 t - Printed Name Address Date kAhlejtUADV2Q 53-0( Hecdeto pie El` I g`oc -Aeni,..1)-16I 0(Q\ -S"-\ gs_z 6.v 'aped LARRV POfiY1 C/ 613 YVi rrYv elli S 5- (( 7 7l� v i e l/'/1-1/4-7 36' e ,1/4 8.)-(3 � t- j 2.2 jam_ ' / s - ' 0 L 9. .e % =7��' • n i ? - �r�1 ,w r �J l LJ I 1 1.A� �� ' u UUl ipL . .)O.3 P 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 CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 13 SECTION NO: 350 SEGMENT: 23 SECTION NO: 589 NOV 0 1 2005 SIGS/SEC: 8 FROM: 1 ( 4,902 ) " SIGS/SEC: 2 FROM: 1 ( 5,687 ) 350 TO: 8 ( 4,909) 589 TO: 2 ( 5,688) RECEIVCITY 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 le' 'c-4-cl k(c°---i- 4'. .52 it Y T ,i, , Y i 6, 2. ,. ` '�l : 'wEU va L �,knjJ 3525 [17-/ czr AdiAmi / 63104,105 I • - -Lk r J tdrri-441 --- 5•-' j_ 6)1L O4 (9 81Lik& I -e 5_. (r��e� tiu 4J (jai 1(s 1 5. I� as 600 s-(„) 4.--- Cr 1---U ODN b 100 7 UZ (3, 6e) voemc, i. f'L rt'F /Me)V d7e,/i 8. l/CCU 14(1(1. Stal4s-\1.L 22 17 6)i-of AJ ti g - L-cs tWr� 9. c r;.101�4..e_c_ " / uSE. &oeN. De, 1 livf Lox_ Aq.c. 'kJ S'-6-05-- 1o..0d- - -600 Lax 1 k-{-)n 5, -71r, 5 F- 1a --0 11. 12. 13. 14. 15. 16. ' 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 Julyiand from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upo any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77 260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof othe than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twee ty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on th twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes,forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 2005 SEGMENT: 13 SECTION N0: 351 SEGMENT: 22 SECTION NO: 517 SIGS/SEC: 8 FROM: 1 ( 4,910 ) SIGS/SEC: 1 FROM: 1 ( 5,595 ) RECEIVED 351 TO: 8 ( 4,917) 517 TO: 1 ( 5,595) 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. �2. ,( ,��� S 1/ N ,a h 0 Cr- , 4. ;��'o.� �� j / 1/r�/i/cam '/Kx ' -Sir 1r G�� /U 4 �4 lc/y .. %�� 7. 6/`L � �/)/ifG�r—y fD o H a I l J (4_,c.6 If 8. , n4 o L (1-`/ --i v p / 7pc/a5-- - 10. : �— ,01V /? PC 29)3 /s &/ LL 6 7 f -D 11. (if`' (Mak, 60mikw- 33 5,Lu. Sc) tiT Bw0 Y i26l0 r 1 5L -A\�A\ �,K),qA ,� K f� � °I�� �S cj ?�4-0 5 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 CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28. FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 13 SECTION NO: 352 SEGMENT: 23 SECTION NO: 588 SIGS/SEC: 8 FROM: 1 ( 4,918 ) SIGS/SEC: 2 FROM: 1 ( 5,685 ) NOV 0 1 2005 352 TO: 8 ( 4,925) 588 TO: 2 ( 5,686) 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 subinitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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. e i ,FtTO,o 4(00,7 O S 4. �� c 2c<- toc,`f 1,el�l4Nc'r�u4 L %/77e) - I 6. V . 7. FrOr vc a)L- o- or_ 8 , L ici/ _•- -O "9. 4- - go)( L.-e_C(v� /300 ti- rq,e. Q.a,, Dr- E)033 1 -e IS • 11. --7as 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. 0 Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if • the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. • CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTRSEL T ONINO� ID: 587 SEGMENT: 13 SECTION NO: 353 SEGMENT: 23 5,683 ) ' .NOV 0 SIGS/SEC: 8 FROM: 1 ( 4,926 ) SIGS/SEC: 2 FROM: ( 1 2005 TO: 2 ( 5,884) 353 TO: 8 ( 4,933) 587 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 •e Printed Name Address Ctv8 Date _____scgn i . .; yam\a�. . ( s 192� 1-10,0(. \-bv. o7-G?- 5 o 2. . o-k CIO ‘ G 4 -3-- z/- E .777i 571 yz_ -1(i ro,a q b 47 3° .p(1/ Pao(l a n ii Cl eaer `124 5 SE LI 1LS Perk-6 7/ 5. tFZ & c5 34• 4i C L.fp- -7/1 0 .c' ni �tV- r1 �12 SUM kid • 05 /V l oWo k • RqsiQ ke L--5 owoce, IJ e i•2 5+ I IZJn4m 1�65 --)/qo5 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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. ary OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 13 SECTION NO: 354 SEGMENT: 23 SECTION N0: 586 NOV 0 1 2005 SIGS/SEC: 8 FROM: 1 ( 4,934 ) SIGS/SEC: 2 FROM: 1 ( 5,681 ) RECEIVED 354 TO: 8 ( 4,941) 586 TO: 2 ( 5,682) 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. 6)Alu-rr zerktfift rt PP37, 7/0 5 Acc- 76 Z , 4. 1, �� fVan •�u,l�T /� /9 O kciike,5. 7 6 7, '/45- s rnl t a 6(3 kI y/'`` 9e0 c�e6., ZS a. E 7. `We /varc6O: N-r?- O4( 7/4 v,•tiC #/q32. 57n�� ,�.�,o5-- 8 7 / 1//�c'Zlf� G90�1�' i-r��—L !'L vo. �°o ..TA' 'mac. 'w:�' �r. /' I 01.),./44,4,441, - lad 12. _- \� � o ‘- 7 as 13. .�,Ce � �'..Ank� ziIlii' ",./e/ / 'd nelave Aft- s jYork- 110s- 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 fir3 chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when 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 ORDINAI, ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 u SEGMENT: 13 SECTION NO: 355 SEGMENT: 33 SECTION NO: 885 yy SIGS/SEC: 8 FROM: 1 ( 4,942 ) SIGS/SEC: 12 FROM: 1 ( 7,145 ) NOU o 1 2005 355 TO: 8 ( 4,949) TO: 12 ( 7,156) 885 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 4q�1 So 1°A.e ---Of---:--;. --:3--- e'.----P"-(7 7---r7F-PO/e % - -of I V f C- lin* 1_ P .(rri s c+s PIIMIM' �.oi5�r +`IW Ii� i rIM �i_.'Mrs. .it.Vor_ri .e• :RA '!.c � i i 7. o . - CAJvi Q, \r '( 17.f5 Nrncr4 Aw. Nic Tal LniciI .` 0LlIPdo_i 9. �� �Q r e".0.} r 1555� U er ' �lE 1' . � �1 �12. ' i C 2Cls1 rAO-kS e1 Usese),--k- L �L— uo�(, 13. Cal LC-LA) ST1. NO ' a- S ..213apBI1 N 34 � � t 4d MiU tizI, �L14 u, e, ito9_Io 14. V,,4 UNVA/ g2.1MAt . 1l Uf rc4of � tLr6: Tvc ; .?(1C !;5. ( qU p Pr�ZA�/�1�� Zook I',s Hoy pv>i m E- 61 gt75 C( yak 16. ,� r _ ! -i _ < I e /kJ /-15-9 i14r4Lf°(' ,l11c we-rei 7-lz, L_____.....1.7...-4,-- - ./-."-- -- 11-P r P.,--147 e Z4 =-1 /,------- -'--------------Y-3- --.71- ----'-4-v(7'--'s ----- -Fgelet—A9te'rdid=3 18,7/ � 20. ;`/�1D-RY4- Tek0 ecce. A- 1,-P-\A-ecry S I fSc- N r?e<-- cQ-' 7((c4 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. CITYCITY OF RENTON OF RENTON FIREWORKS CONTROL ORDINAL ID 355 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SECTION NO: SEGMENT: 33 SECTION NO: 884 SEGMENT: 13 q,950 ) FROM: 1 ( SIGS/SEC: 12 FROM: 1 ( 7,133 ) SIGSISEC: 8 TO: 8 ( 4,957) NOV 0 1 2005 884 TO: 12 ( 7,144) 356 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 9 r- Date ;G--e - 2. � �c dcP6 v75o'- loJ? *JCS. < 6 Sc Gv ,'-rum. 1 7,64i0nc1 (51 '715 & dI 4, % 3-ass , //e/ —477 . /014t7if'qr - • 7--/A - cp I1, j l�C?f-�� f't f-/=/ /} 9�-�-� � rf /+� 1� iSS5 17/ 'Jj4 - 8 V"., ,. I 6141 _ _ -- - I` 22`r ('5E -1/1 r Or 1 / (1..A.7e/.4177/7, • 10- , ,CeAjt g/La 9 /lhd rr e J-e R13C5(I (1101 Ni i&-Ph sf. / �/I 1/05-- 11. ;t,.,� �c � G� Acts I/) i/lie-Y I 6),Ck- 3g/ �"� (l4�' l j 7a 12. Ir' a , - e e-- o c k' 1,N a tN`h 1l 5t 5 A.; a..f:vE c,5-v-c 1)46 ,,A A /1/ MX:751 15. I A..., CDQ (lA 6Ae 1 O0 E. yr f 14 1 51 F ( (-05 Ltd o5i) 16. ��_ ] G,l. � vy� '�5 � �. ;�� �r�d - /1 -a< 20. ( 44UGG� ,97- lG%r.1 X 32)0 h(6773)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. Ft Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not.be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when 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 SEGMENT: 13 SECTION NO: 357 SIGS/SEC: 8 FROM: 1 ( 4,958 ) 140V 1 2005 357 TO: 8 ( 4,965). 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. Od-h- Sr�D,t k a-,</ i Z /5-5L-2 L 7-3 5' 2. r e4ci • i lt--e / øAJ 90e miciffoc. k 7 74,41 i i r .,� r., (9 x,>,4,-u�2 e,� WO 1 Oe d T ) e m e /3 J 3. C 4. ,i_.. - G I ,.- isec,�61 i ..._ .4 # S'- . , 5.0 M, ) Orr//i' 'b' P(0)&636/001 i'L lib li\,51) a.// s — —.4-- C-- 6. t _...r1.%.___Ari.1.111/Ear,-- ,-.116 .L.,.. d. , _._ ,.., .., silr' 5 -it _ — . ' / 0 5 •* ' . ' ........ '/ „ ZI,,..„ ___1%lik . ,42-AM-1-Wz -7-3-,e. a 1, 9. \,___ 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 ORDI �� r FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: NAP Ip: SEGMENT: 13 SECTION NO: 358 SIGS/SEC: 32 SECTION NO; 8768 RECEIVED D SIGS/SEC: 8 FROM: 1 ( 4,966 ) 876 11 Tp FROM: I ( 7,042 ) CITY CLERK'S OFFICE 358 ( 4,973) 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 I'S OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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 y Date (` 1 ' �, r5c4 V 1--&t,7 1Fit j1-{i. -14AM-k-4M-f-14- -- -(p•S(3-_11.4--ty-44.-- 6 ci-- os- .�_-_ • q� .___�-- 12-6-11, _ '--___�..r-.69 —43 r`-=fie- - } —� 4. ��_. F 1��-I�' P�ag-9 A.--=-__—� 6 .6-{ `/�-�l./e:-5: --ii- 34 a� I, ' tt 4?ti7T Er .e.5. , l Zliyv7d tom:/ „/ 1 � .� __�`� � _=: e/C l ^ 9. -'% I IA, . -�ci iii ' k( In )L 7 .� '-� k l^ F- ,V V'`o', c( T o 10. fis . ._ - ... 10J 6 - r '.2i1d4EI lWa� �s� i�.�/LU'�i1SY as riarIreiLrla�i -i�T joy 14. . / " f � �1, e w; s� , (I �/ s.,41 M-P- l P -Zz -02 15. fl • Ir.. 0 t - . / I -,�"-_ ' ,/ Li L1-Nn W 3� ' z v L)/9 9 o5 - 5-cis v. . Q.�,,,, Qç of ,\b '4--)i`s1U1'm,1,I4- ei'm s q \-a-?)\05- / �.r b„66), Cc .0O,�so 1S`osC ,� �Z,JS���J_ 10 /63�as18. . - :E-' ro � 3 19. ' �s M !iG �Ifix 13IIs . ea le I i'601,c k l o L de • FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of • salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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. ,S CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAI, ID: 28 CITY OF RENTON SEGMENT: 13 SECTION NO: 359 SEGMENT: 33 SECTION NO: 883 SIGSISEC: 8 FROM: 1 ( 4,974 ) FROM: 1 ( 7,121 ) TO: 8 ( 4,981) SIGSISEC: 12 NOV 0 Z 2005 883 TO: 12 ( 7,132) 359 RECEIVED CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Sig ature Printed Name Address Date Ifl % ( —1e &x S j\on 7aI J Z J R Th3 ' 7/WWla5 7: a ® _ v ese( % 4. J�-P�-ram- a 7f L L LrA1A z ,v. y 4 yaii ill, 6 tX `914jV /i /(J 6. OW, Vr -5- -:a41/4--- --- -4-‘41,- Az&-Z-S19-ifa‘I 404 . -;:-,,.77.4,1 , itaL.1475__ .-----1:-- - - 1- at--- Z:/4----KZt ---p-A-<re-AT"--it6-5"-r*/---/P-A---"--9V-e'Y' -75703.*Z. 1.4Aii_ tt ��/l 6 / 7_11_ 9W, A `j �1 CZ Gi vct i3 v;ci&p V 73 3 c try n tea E y"s�s T'.o -ro. . - , --41,44e.n-irfrk,--14-- 12: .17-LAWF //S _ ,- t Vert------V-R-4----46-0-,, 13-: go-9__ , _ifft rf A. _.;d,ir/'.AAr --• s •s ,'a ,...-._--_.r_ --(" -:..,- _"`-c�-L=y.o.SZ_-r._�.---__��L �_ -- _�j�-=Z�-;��' ST 15. ek- ni(O(n�+ fB�u uv1 2 1033 2. dmor 4 AU p c` 7,6/I65 ...,— ---_,.y0- - / `0 4- fi e ?laic 18. i o� 37 •, e,, .4 .9'� / 19. r. - _ 4 �ay"r � ev3V-b-. t /7') C.0401( /eve �( ' kO 17/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 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 SE r ID' 28 TON NO: 360 NOV 01 2005 SEGMENT: 13 4,982 ) SIGS/SEC: 8 FROM: 1 To: 8 ( 4,989_) RECEIVED 360 WARNING CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A,PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address Date 1. 4 r �� yYt A f(2,Xe 1e/e67 (CgacAcS L 2. fat c.; Grp*Y,A r71 I -Sol �Cl CzS`- 3. f�J,b/J Cre I y 4. • 430 7/I05 5. Vqq/A,ne e1/4-44q-fi/' 541 67-A,b44r) 6. - lZ °�C3t���f� : ��/��U 'j`� �� /149 16,0,0� �� Q3`/1 //v S.Gt� s% i 3 + ' T\ �b 9. 0 44' 10. 11. 2. 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. 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. 1 IN, CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAI, ID: 28 SEGMENT: 13 SECTION NO: 361 ®V �7 p ,1� SIGS/SEC: 8 FROM: 1 ( 4,990 ) 1 2005 �V 361 TO: 8 ( a,9s7) WARNING RECEIVED CITY CLERK'S OFFICE \31J EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess_and use safely and responsibly State of Washington consumer fireworks t� , L iin honor of the anniversary of the birth of our country, and to celebrate Ni We petition to Council to nce; and, if not enacted within forty- five (45) days from the time of red qpa,� i1, then to be submitted to the qualified electors of the City of Renton for a oar n I �t regular or special election in accordance with RCW 35.17.260 a �/"-� Municipal Code; and each of us for himself or herself says: I HAVE PI 'PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENT, ___. ON, AND MY RESIDENCE ADDRESS IS CORRECTLY STA'i Eli.- - Signature Printed Name Address Date . aelAe, 6a-cAok. Ark& Vilsv 120\ sc,7 f 2. f[J ��n +, Lc)itvok 1 / Its I'larriS . & 3. (-kwa � SZz,3 13,-. 0 _ x 207— _ 4 . O 4 t -2! (-L1,16 Err-r-f L. ci U2i21- A245 eMa n Q� S-a LU toi C5 afrk [to sii-ei -i u c,LU ,g�,.9,0r,1 siffmioz 0-/1(` 5 6. Zz7,3 gf S y1.101 ?"l?-Q5 , e-CA ,�PI,toA t zl a /3 •,a-rr r d S ZQ / 8 Ma& A-Nct vftgikkef. stvimt 8-P8-0s- 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol,through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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. ti CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 13 SECTION NO: 362 FIREWORKS CONTROL ORDINAP ID: 28 SIGS/SEC: 8 FROM: 1 ( 4,998 ) SEGMENT: 24 SECTION NO: 658 NOV 0 2005 TO: 8 ( 5,005) SIGS/SEC: 3 FROM: 1 ( 5,846 ) 362 TO: 3 ( 5,848) RECEIVED 658 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 7te� 2. — — — - - — = 7 4. f rlt C t'a //I 6. Rice 47/ . /nI kp /• t7. to mo h, vva lkf7 tIb-T S, 8. MnjAk4 '')OOM wee Ale 9,;, �— LAu iv T IL 4 p- 27'cf lef ( mil Z " 10Pq (CA C:\c, 2-2 I1. , c6t ( 3hc c_T- A- , -61 1 /�/ / � � 3 2. lJ1ifJ6 Cj l oi Wa PiS 13. 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. ion 21. Nonprohibited acts—Signal purposes, forest protection. ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. . A. Authority.The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CRY CITY OF RENTON 1 CITY OF RENTON OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 1 FIREWORKS CONTROL ORDINAP ID: 28 n SEGMENT: 13 SECTION NO: ; SEGMENT: 23 SECTION NO: 585 • NOV (1 -1 2005 363 I SIGS/SEC: 8 FROM: 1 ( 5,006 ) SIGS/SEC: 2 FROM: 1 ( 5,679 ) 363 TO: 8 585 TO: 2 RECEIVED ( 5,013.) ( 5,680) CITY Rf(; OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and; if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be Submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED .VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Sign ture Printed Name Address Date 3. unarm` vk &Cu—tiara Ni�Hoiv 6 Z W� ifllwor-1h Lrv5 98oS� 7-2—OS 4,. i\p),/ fyi4 jpe kt. I)C)r I el VW °fl IthE%c, Z?.2"5 :3:4•1 ecI. 4 1t C-Z o-S 4rCb -1- Z..C :-.' s. l /?�4ao•4ll Loris tor- %t5 �F- rgasr 7•z •aS- 6. Q. )JeLI n's' Jo(q•.n 1$' 1ygrd,� tv. 78-Otsi 7 2 J1/4.C— 7. ; ', iDIPowiSt G cpirawee 900 m to iowilo-k- ci r 056 -Pi ID& ir it 9 9 L�aI�A �iz0� Ll?��7� s AtIE. ii OS' t gales 10. i l rs I/761R De . ' 4 36.19137 `q - 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose— Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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: 13 SECTION NO: SEGMENT: 23 SECTION NO: 584 • SIGS/SEC: 8 364NOV 0 1 2005 SIGS/SEC: 2 FROM: 1 ( 5,677 ) 364 TO: FROM 1 ( 5,014 ) 584 TO: 2 ( 5,678) RECEIVED ( 5,021) CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address Date -7 1. /5 L1 -y J.�e � ✓ J Z � 1 � Ve''-r I II 2exkto Ft MDACI5®/1 4,u4-1 aIDW E. as 7-/1-05 Afka k\-?60t) ,Clav , riADN• *f1R) ffit5ig-ti)-1147/ 6. c A A .. lvE 75 8. e ,,Z1t c43fil ' 1f 0^ - '1 11 i Ren t9n O7kj �_/9 5 9. _- �� ..�s ri,... tot _ . �:� • & '` _11 V of-Peril& iolerff\ r ire 1 < 'W) ton 11. l J 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. 1 CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAL ID: 28 CITY OF RENTON SEGMENT: 13 SECTION NO: FIREWORKS CONTROL ORDINAP ID: 28 NOV 1 2005 365 U�"SEGMENT: 22 SECTION NO: F9 SIGS/SEC: 8 FROM: 1 ( 5,022 ) 516 365 TO: 8 ( 5,029) SIGS/SEC: 1 FROM: 1 ( 5,594 ) RECEIVED 516 TO: 1 ( 5,594) 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. I/ ✓ :: Zi ei1//,.� Z.' & / 3 90/ IJE /I in, MI?60, 2. '`"/e 74 GY Ca_.'V 4�, 1''I . 'c�l�ick ��II CA I i /I�oS`i'`J 3.06(44,1M 401464 Sfweieo f�e/ vszy1 13 o© S, i/ /jJr✓ ? Yo 5 7( 6. ,,: �_./ � �, v 1/L / d5 5 7," -, /, / %r 7. ..�.. ipLcF/6z- ftho ,94,,4-63/1-0 .A(k sE R-e i1/4)-i-rs"-WA- Who 1 ;4 8. 4?-Aithrp bpeoct lb(.63 (Hexto ?OM eutir (rW i&nlart (-10147/4 9. 6t al ewe r AI( 10. 0, p 1. 12. 13. 14. 15.I C1` 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.iri full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, 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 FIREWORKS CONTROL ORDINAL• ID: 28 FIREWORKS CONTROL ORDINAL ID: SEGMENT: 13 SECTION NO: 366 SEGMENT: 23 SECTION NO: 5 38 NOV 0 7 1 2005 SIGS/SEC: 8 FROM: 1 ( 5,030 ) SIGS/SEC: 2 FROM: 1 ( 5,675 ) 366 TO: 8 ( 5,037) 583 TO: 2 RECEIVED ( 5,676) 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 -74 g8bsy- Date t 1`! I : AO/te l 4fie/d Good 16 qv l J%J 03/163— Av q_ 7YC �� ,3�,9 5 - I d,�r/1 k�, - 11& 3 as �- 56-6 8-Aidi«' /9140e 305 Rec./9de V 9 -as 6./ P e /-5D trsle jz ? 7. �� ) /t-4^ / v on o . ✓r � �` �� /�;�, `e 8. -1 v k)-D1, Al Zi�o L,4Ke P50/Z.24Pac 0 1 zc�o 1 , 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 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 - - FIREWORKS CONTROL ORDINMID: 28 CITY OF RENTON NO V 0 12005 SEGMENT: 13 SECTION N0: FIREWORKS CONTROL ORDINM ID: 28 367 SEGMENT: 22 SECTION NO: 515 SIGS/SEC: 8 FROM: I RECEIVED ( 5,038 ) SIGS/SEC: 1 FROM: 1 ( 5,593 ) CITY CLERK'S OFFICE 367 TO: 8 ( 5,045) TO: 1 515 ( 5,593) EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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 ll r _ .?-r 2 dillWijoiff;i: ether &A '# 26.2v Sine Z' (o • 4n / )U,1-r/ al/ -7/ z---/ 5 5. /_; /1: ;h m /azy ,/. Z8zi , Ace '/f 0 6. CV/ s6L IS/GYY.Sd.(-1111. (ail ?5 7. 41r) a' Gk_/° ��, �✓jb,sil°qO,3l /VC— -7 51- 7 G c r.� �J .S:tr F����a!p`.:'-^.TPf�.y� J.,._sR. �ae'.•s• .f.+-^•+G.rta• - _ i__ .++x.,.. - / ��03 es. .,21414 9- ' -A e *14fl laguae WlolnroeN d e . 7 /a 10.. arl � � I_ j( viiu_L Was S' 14e F 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television,theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at anytime and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. . Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. 1. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: CITY OF RENTON V SEGMENT: 13 SECTION NO: 28 FIREWORKS CONTROL ORDINAP ID: 28 1 368 SEGMENT: 22 SECTION NO: 514 NOV 0 2005 SIGS/SEC: 8 FROM: 1 ( 5,046 ) 368 TO: 8 SIGS/SEC: 1 FROM: 1 ( 5,592 ) ( 5,053) 514 TO: 1 ( 5,592) 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 Dat� j , 1. r • 4. c �t^ -54 /--e'S / ,5 rn g pi, /fir, 7 Ris. 4 ► - `�--5. —ate .'�1>b" - i�� n _ :�'__ �� 6rwmisminwr w Cam, �Lr,.►� �i de/ p 8 11111 A 1 w ' . 9. // � G -37 • 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. CM OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 �005 SEGMENT: 33 SECTION NO: 882 SEGMENT: 13 SECTION NO: 369 SIGS/SEC: 12 FROM: 1 ( 7,109 ) RECEIVED SIGS/SEC:• 8 FROM: 1 ( 5,054 ) TO: 12 ( 7,120) 369 TO: 8 ( 5,061 ) 882 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, QR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT,SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY.COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions 'authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in . accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address Date M/40$ c P.E1 o l/t, 1A)A 1. ls� I 4 AL A L ■r._ G _ r I aCo _ ,_ i. , . t.A, f • --27-C,,..iii,r- ya • OLL1142-4G-_________44 -,.. _ 3. Al ;t, 'jr, ,. .11,cic- tU '27 Will t'4 s /he, /V, k-- "t-u-a - 1/ Ti 0 Y.V. -_ 1 mac"ti65— 7. (6�-v K8 r '' V j k t/A '%V / /e.,cr--- 8. ,:..d1 /63 Aiht Zr // &-, -- -7/7//DS— ---1 .. 11. C C'e- 4-- z1 ,,c__ vi--, ��� -? �-Zi-o T- 12-. ad asl.) t�1' ,J/j\A-Ae Le 7 -,3-j_v S 14. 2v,I L4-7 /';Y''°7a2a ,q/ / i?i '7- D4-03 _, ' i-4492A-- —)4;44---.166 - • . _ . ' ,c--,45---_-7. 14:*---4I4-7+-C---- 18. ') /- f. 1115— 2 ; /A- 7/. ,/24.5- IA FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. • 25 Enforcement. • 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as"consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local. governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 FIREWORKS CONTROL ORDINAl' ID: 28 CITY OF RENTply • FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 23 SECTION NO: 582 SEGMENT: 14 SECTION NO: 370 FROM: 1 ( 5,673 ) NOVROM: 1 ( 5,062 ) SIGS/SEC: 2 TO. 2 ( 5,674) Utl 17 1 2005 SIGS/SEC: 7 TO: 7 ( 5,068) 5s2 - RECEIVED 370 CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signatu• Printed Name Address Date 2. 'G .1 ', • O�ac4�.. cLA,\�`e_ 0-cd,,,,<A__. nil ti� j 1 5'1— 7` a - 1 4 ,,, 3.\t„ i i ' 0) - .\ \ \ J, e� Moan 6 2. -Teu. if-Atite_ NE 2 -�, , rn0 Ii1 L ID1 s. 5. �I ( SST- -7 _ OS- 6. C< G/1 r fA►r aq W\IttMa�1 I L0( 2 , c . .- 8.0 M, -r - Pit-`-1)o Lt s(CP /11T�02_6111 G-�, 7- Z-z;3 9. �E9 n 1133 �,A—E- i/ 10. 11. 12. 13. 14. 15. 16. 17. 18. ,• 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 ata regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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 2FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: SECTION NO: 371 SEGMENT: 24 SECTION NO: 657 CITY OF RENTON v SEGMENT: 14 5,059 ) 7 FROM: 1 ( SIGS/SEC: 3 FROM: 1 ( 5,843 ) SIGS/SEC: I'�O V 0 1 2005 TO: 7 ( 5,075) 657 TO: 3 ( 5,845) 371 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 adze\ Date ti ho C v /--/--C4-5 2. - _ - __ _- 5 : -`J- --- .iNC2 C/ v- A-sH kb/0 haot{ 7- /- 0 S' - 3. ./(.-'4 ,c0_1------ c : 4. `i — c-�tii #e/-------m-r;va-7-----7 G�- ` ' /4d ; ems. --- 4, /44� - Z-vs5. .<Q,C - c. ' --- 07/iF �e18D5q 7-e-6 5 8 -.-1 /-,a/.Ll <A_ (085 3 L /opiLex.9 Ai czcg Rw itra cof---z- 9. �/ a /U 4 �J/` 2CS-61 fut_ (Q �� �: - 1 ha Bo; / 3/ r `7 Or . -- -161-4-6N-1\40-ag - ._... . „...._ olbt 12. Ow , c,l-:,'1 C 5- iI-)4 L l+i en AvC U . ✓ 9 t'cl '7-�-Cs��vr 13. j ,l ; 2-5 off - S 2 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. 4 M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00.The applicant shall post a • $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8.-Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. • Section 21. Nonprohibited acts—Signal purposes,forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. • CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 NOV a 1 2005 SEGMENT: 14 SECTION NO: 372 SEGMENT: 24 SECTION NO: 656 SIGS/SEC: 7 FROM: I ( 5,076 SIGS/SEC: 3 FROM: 1 ( 5,840 ) RECEIVED 372 TO: 7 ( 5,082 656 TO: 3 ( 5,842) CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Sign re Printed Name Address Date 3 a. /'7 YEW.Se- - ✓ 4. C 01/41VI C�,z(,� L&. vj tivarftvlcpvn -A YE cig(Y5L.97 3 O Frtia e-i2n 5'7ZI (`Ili 0 )r Z°l o NE- Pall' s i )4f(36 I 7&25C 7-3 7. ' Q5211M 5'4,0 ccv*6I Ave_AE 9W6 9 il3A25' pCtl1R� IC!Z'cri9. 0-- A �;ia COrCtrier �SI(� doh �-�e-K) 'V SLo 7- --0 S vt authl� 5�c( _ t u 5S(5 Z 3-sorci orc 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs,fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. • Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than$500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. • Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler,to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. • - Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON • CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 24 SECTION NO: 655 •NOV ® a q 20a5 SEGMENT: 14 SECTION NO: 373 SIGS/SEC: SIGS/SEC: 3 FROM: 1 ( 5,837 ) 7 FROM: 1 ( 5,083 ) TO: 3 TO: 373 TO: 7 ( 5,089) ; 655 ( 5,839) 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 q fd Y 1. c / 7 as' o, o �lo�� �,� D „� 7-6,d 4 v4 A%Z=" 03.:%i��/� /&�'IizS/`Ir tzter 1150 gemser}' aiv d.M L fUd7- 'or/7- 7 2 o cg-vv ✓ it, /9977 i 8 5-CP 7 s P6R-107"-,trie---/a_fr-6 • 5.. Ver. -cyivlszyjairtei tle 6. avt, ��Q,.xeyo J,zSC/1 979 6r�16N` lye i& & 1 �iJ Peij F72-o Tr- 665 Avg -p5 8. /(7, ea • l/� l-k ram' I k,/A(hf (eS Uf2f\ C 9 6.5-1 7-7-0 5 --9r 1 ' h '� �5 S I I( . b d--J C -?- cr 6- • M "1^_ v� \ ��itii- ✓ �. -bt:M bin-&- _ / - -- 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. • CITYCITY OF RENTON OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: FIREWORKS CONTROL ORDINAP ID: 28 28 NOV SEGMENT: 14 SECTION NO: 374 SEGMENT: 24 SECTION NO: 654 2005 SIGS/SEC: 7 FROM: I ( 5,090 ) ::S 3 FROM: 1 ( 5,834 ) RECEIVED TO: 7 ( 5,096) TO: 3 374 ( 5,836) 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 ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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 7ffe5 1.• �no�,4 S ct 1 ltl 1101 JO, 7-041^st- ta" 1 212_00S— 'sI�os6 2. e 4- 2 ) - 1,51 �incolh Ave A/E 3. */yam P�, .e �ic _ Powej/ ke./400, w,d mks-6 T ha-oaoosc 4. ,0,2,C iJ. bet_ Thet �(-- 1661 u e0 AU Na 5a0 51 —7 IS fr< ci -, - Doi a3 E. ears 113a 5 SE 3 re Pk Nosy 7/a/2 o �. c6-- 6. l; ���� / � ��o�_ . � � .11 � Asa �,• � , � •�� � � , . 9. ,L4,p/441 �/�-C/!' 'gravtnt o et 04 Ivvvi �5 'm r,acieci `7605L,. 7/Ll 0 5 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. • FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement: 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks"means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as"consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507.and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of,fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28NOV 1005 SEGMENT: 14 SECTION NO: 375 SEGMENT: 22 SECTION NO: 513 SIGS/SEC: 7 FROM: 1 ( 5;097 ) ISIGS/SEC: 1 FROM: 1 ( 5,591 ) RECEIVED 375 TO: 7 ( 5,103) 513 TO: 1 ( 5,591 ) 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 PrintedJO Name �^ ,�� Address �( Date I1 I'U SUN I I I1. cz,ifr. �,9E�'L. � �j ���InAupello* ��Sos e 3. 7-5-65'4 9 g.— 4. _-�'-/- u ti� tv 5. 4n()14 Lt&in nd GI f�hhrizidi p#i 4 fai 6. q Ve R ij SM'I P) io /Y, 6'14 a i&lo os().3f- °I S 8. /.. 9. 10. % i447 L2 /4J S • J 6/1-1/ �. 3 ,,t/7/6 / - 11. 12 9 a.e.g-- R,ub y Rivera 3c`116 (044% S4. qgo SG "7 l 6 I 0 5 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. 4 Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON. FIREWORKS CONTROL ORDINAP ID: 28 11(OF RENTON SECTION NO: 376 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 14 SEGMENT: 29 SECTION NO: SIGS/SEC: 7 FROM: 1 ( 5,104 ) 834 JOU 0 1 2005 TO: 7 ( 5,110) SIGS/SEC: 8 FROM: 1 ( 6,677 ) 376 834 TO: 8 ( 6,684) RECEIVED CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR•WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT,SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known'as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City Of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signatu- Printed Name Address Date G Lis 101.0(A, krn le' (A)0( 'D wm\*No, , vV( q? )s--51-I\61 4. w �t-t`r,i Lt d3 JaD,Utt�� /1( mT 7 /c/& \, / n a 5 6., n ! r 1_, vi (d C-ilectin Gam. i 1 35 C4 /e C.h.'i�, 30 5r 740--os '-'1.'.-_(-. _..== -:. * _;,,c6.- - oil- -v -E • -`e, �-�ftit y)03�`3`'7/ - 8. ,% _Cm,i- 32 II r 3--�a— 9 )sZ is--0. - 9:— ram= -, --4_. .-1-a - _ _ -i�-cam#- t - _ 10. I/ ( 1to-i etiV�T rah v 7 - J4 . 4N.6' reentiom l 7/l e. I 1. _ ,tug4q/C 4 6chavi .111004P)6iJoiter,-/i V Keri-re q re f 0-3-5 3 73 nj dj -12: ' ` -6 C, il C=eiC5-t 31-0= -_--�5 _--- --�O-3= -tbf- ---9�S-9 ,-/frO • 13'. 1A-► a1n . ()1:34,/ 64LCt14'7,' RZot 6APAC6iL eP 4l-Ve fre . j' f 6.q 7 ((-c6 14- _ ..e-._....112 ------ 76 c,,i-3'.-P L A4L _ Ceot-o.2—S°tC / //�-T ' -. .y �3=9-�7=�/=-0s I s -- - - AX- ^Ffe/e `',)7`}�T�' a�7_C-,5.&. �3 2, �.�.- 9 Ou 7 7�//-e5 16:/ 1 /e -_- -4—`-----/ llV l4-- — U rf/ �=7-=1 ;r6----ate47‘" 7 a l'c 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. I-I. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. v M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs,fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. 'Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of $500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, 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. 11141 Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire,l! ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day li of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. I, Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. rl tion 21. Nonprohibited acts—Signal purposes, forest protection. .„T.I ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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: 14 SECTION NO: 377 SEGMENT: 25 SECTION NO: 707 NOV q SIGS/SEC: 7 FROM: I ( 5,111.) SIGS/SEC: 4 FROM: 1 ( 6,003 ) Otl��1 1 2005 377 TO: 7 ( 5,117) 707 TO: 4 ( 6,006) 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. 0A94,0,i A 14.A. Y r1c : , t-A5a s I��o --► 1� 2.11ortaVyi gasi IAN Pt_ __1`( 11/4S-1 _44.65,144:h&,4. 6. , QXU(�,l- ,if .\C06 YvWv A l0"3 i O-� S4 `keo P51 - - I l- DS 7. 1 4141 14r c-Vln sue,A c-tq IXrcet -1/I 1 b5 • 9. ti( S/A g-3 I VV.c 5*5 'E' :2- g 7 7/(i/ 11. 6 g3'r_cs)I)UJ 344/E E ld 1rL ! (7f//lam 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. II 28 Construction 28 Severability. li Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the, terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product', Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 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'I the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m.1] on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school ! grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer; for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day, of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief maygrant or denyanyapplication for temporary storage. p 9 pP P Y Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when 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 378 SEGMENT: 26 ORDINAP ID: 28 CITY OF RENTON SEGMENT: 14 SECTION NO: SECTION NO: 746 6,162 ) SIGS/SEC: 7 FROM: 1 ( 5,118 ) SIGS/SEC: 5 FROM: 1 ( NOV 0 1 2005 TO: 5 ( 6,166) 378 TO: 7 ( 5,124) 746 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. S' nature Printed Name Address Date 1. 1. /' ' /, J"/ I. 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' ' 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-eighar day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, 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 Me permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to • enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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: 14 SECTION NO: 379 SEGMENT: 24 SECTION NO: 653 SIGS/SEC: 7 FROM: 1 ( 5,125 ) SIGS/SEC: 3 FROM: 1 ( 5,831 ) NOV 0 1 2005 379 TO: 7 ( 5,131 ) 653 TO: 3 ( 5,833) 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 /� Ittpp � y Ttra—m-A-34- tin- gip-5c e .-7--- ,rec- 3. , ;! '',?3'` mAR y 7334.4ER c 214 N /gm s1 9'0o5"S— 7/3 Jo O. • /air e���d_is �b/�- �!/3� 9�O S S 7/ 3/63 5.�/, . -rIGi I�. 1(�b0061011 �o7( Ilezl'cNIONGI tJ�(U ?R15 7/1705 6. `. I 3�C n,b S .C(v� 50 e s,.J`O ya(;,<00(969 sv 7/3 o s ' 8.-, 111-i..~ om• _ '4 • i "d -bf q , 7 3 ♦, 9. .` 7 i/liP_1�4, I r..: 460. 44111 / --� _. . ' w�17,�{_.�m . _. - -,may- sg1 I Q. Zia,/. eG MI . .r,. _i a 5.-• Argwrimprini y �S � Ai, I �---1- ry �►` � ems./.1I i=/i1i�al /�: _l�; '!s- - : -y _ by 13 NIA,. ,m 0 _°/ Lk - - C 6'10 Gc 3--_ /14, / _ LExV� - / ,Q ,g .; rs' - 'A ,® - 3- 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 ORDINAL' ID: 28 FIREWORKS CONTROL ORDINAL' ID: 28 SEGMENT: 14 SECTION NO: 380 SEGMENT: 24 SECTION NO: 652 NOV' 0 1 2005 SIGS/SEC: 7 FROM: 1 ( 5,132 ) SIGS/SEC: 3 FROM: 1 ( 5,828 ) 380 TO: ( 5,138) 652 TO: 3 ( 5,830) 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 is aSho__ /c'nal , e/07 1v6 (o` 54. 98 5 7 3�oS _�.1�;�/� _s - - 7 --) -n •/: y , �.. _ _ _ ,r�.usiiv 7 f7-8------7444:95 4. CurrY - d �r�� _S `!$_e02. 1 —� 98os`i 7/.7--> 5 ,q4� (2, set/f zde 5Z 4i1o4 flcre S -#(/1 `1057742/05 7. h.' !mac c� Sz S P�.,- - :o VZ. 8. /1111Mning 2. �; 1; l\� I —9. GL, �rc'P`' 14/0 33/7 NG V14 ST ,'F-OS-6 7 a`Or 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 ORDINAP ID: 28 SEGMENT: 14 SECTION NO: 381 SIGS/SEC: 7 FROM: 1 ( 5,139 ) NOV 0 1 2005 TO: 7 ( 5,145) WARNING 381 VED CITY C ERKRECEI 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 t re Printed Name Address Date 1. d, r D gaol 425NP0--1AA /*or 2 ,C / " -z� A' ,err y � 1 / Y// e ` 3. , — , c36 v) M cv I°S t.e4 f.s Q-�� 4Qen4uy1 //`c r 4. V VC— 9 2c'jt9 it.)-5-514,;4C:oi,— a— nt-12.1;9(4, ci I u la 5. MTh/,_.� G. ---, e/n IJ1J ze ir�/I1 rp -76/ 1/�',4i. L 4V i e/4 czy/45 �"l ''' ,u, J gwles J 1 rSoix 7/ )4-A011 P !VE- ./1,2/ex 7. ITY V.-eX-16.W\QiNi .1-P . IM,- 1-A132-1 I)VD--P—S- 8. 9. 10. 11. 12. 13. 14. 15. 16. • 17. 18. 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 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate,continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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 A CITY OF RENTON , FIREWORKS CONTROL ORDINAP ID: 28 ® � ZooS SECTION NO: 382 O SEGMENT: 14 5,145 ) SIGSISEC: 7 FROM: TO: 7 ( 5,152) WARNING RECEIVED 382 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 ,,-: . , --_- .- r;c j Gt e r q t k; (I --pi N e 7/5 05— -c-0--( 5 d 4. a/6/22,./- -7- Pv`y C �l 01.1vl 2O0q Paf-F:4s. aL, C,'i ,/V� 7-5--"Cl 5. CULV\ CeN) IA.() . . .-il\feksn 010 ,nr-1 a 4471-1 91T-0=k4113(f2.— ',"----405, 6. � 5T C = 4,e _ —otb Ajg 14Th S 71' 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 pr has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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 888 CITY OF RENTON ID: 28 FIREWORKS CONTROE OONINOr FIREWORKS CONTROL ORDINAD ID: 28 34 SEGMENT: 14 SECTION NO: 383 SEGMENT: FROM: 1 ( 7,182 ) NOV 01 SIGS/SEC: 7 FROM: 1 ( 5,153 ) SIGSISEC: 13 TO: 13 ( 7,134) 2005 383 TO: 7 ( 5,159) 888 _ . ..a.ilini 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 -.. Addre, OD ate 4,,,,,L, A 7. , 4— 9/Q is/0 C u u- ! of ., -4C,, 4 6-1__A-14. 46/4.6,14___ _ 1 , - , . Clava Vo-Lagfry----1-1419-1) la,g0.-Ave7-- --001.-9s058-arszt_6,., R 8k . 1, �riitrab•1 - ---;> i. z/ r —7 -- _ e ---- ._ 1isr�s2. yv�+ . v> ---- -9. i 1&. W.z5 `tGJr:--0 _ Ge1 dE= -r 7 1 Vg '.1 ' -fim-Aim--&twitk----/-96--56.---4394-2.--Ay-r9 . ._. <::, - _ , 1r•�J _, ., --______q_rtchrtrotorefir" ., , ., , -7— ____Apko...___ - .÷4.__ -_ , ii, se ,14:_ .�3�% v C'�i . _ ,/ -��- -(r cJ o r�-� �7/�a 1 l/r� • , y? 14. A A!,_:- � -)1 0 :1/2-/U?, 54- 15.)4// /9/444:, 4V)v //,-;73e te 2 OV £ J 0 '1123/-15_ // . /laki 9-9-LZ--- 5 ic-7a- 5-r— Ay2-1÷D--t ,—, i 9. q �Y o i� 2)•r/.? /&yoi, /IA M1o's % 9 -7-vs 20. .i.--zr-. ✓' ,41 7 0 • a— 1 �tj q a s 3' 7 Z3es- 119 FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS • Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 ion 21. Nonprohibited acts—Signal purposes, forest protection. rnls ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 a SEGMENT: 14 SECTION NO: 384 SEGMENT: 23 SECTION NO: 581 NOV 0 1 2005 SIGS/SEC: 7 FROM: 1 ( 5,160.) SIGS/SEC: 2 FROM: 1 ( 5,671 ) 384 TO: 7 ( 5,166) , 581 TO: 2 ( 5,672) 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. Signdure Printed Name Address Date 1 .`.,. (We) gJoAA/ M-Sa /. 77 r-\z 6�' i,c . 7 As- 7/ /77 / fl6lJ ^c ( nviprei u Jo .- cfi i A��� 7.-114P aii/LeWekL, ,, p111 /() ,104- 9s7Ac0 8. f;r-6ke--4 -,X°211r./7t -11 Lt qX›,gc,u 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. • FIREWORKS CONTROL ORDINANCE • Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television,theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 FIREWORKS CONTROL ORDINAl' ID: 28 CITY OF RENTON SECTION NO: 385 SEGMENT: 23 SECTION NO: 580 SEGMENT: 14 ( NOV 01 2005 SIGS/SEC: 7 FROM: 1 ( 5,167 ) SIGS/SEC: 2 TOROM.21 ( 5,670) TO: 7 ( 5,173) 580 385 RECEVED CITY CLERK'S 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 �v` ` Date SgIP fu < s kFz4Coinu 'an) cl -l (9-(,- 2. A/ Zr ff.F 42 So ?ii ci9 sl- Auv.,>1.c,e, 4/041 Y./‘6,/,.., -- - __- _ -w -—• - _+:- -4- --_ c • ui 4. l , GL (` Scuiche2 6a-1 ra lit�ct&x.S cu, 0�L( 12-64�b07or c cI r M1 '' i A,W• 4g OSr J` 6. ?/ ; • Wyy o.t- 1 P-$ 7 -1 - G s---- .___- 3 k ? 7 A t 0 ( tt e( /p 9 t "or\ ail' k4- - re5-reit e\—(--- --- 537 9'‘�1 it- 1-5 • io-. 3-111A WX.-ifV(---kr--- :..,,31 ' Cl/7-70--- ---,7 5 1112r(1--0— 4e/ri•-(027.,/.1,./ 11. 12. _ 13. 14. 15. 16. 17. 18. 19. 20. • d� FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. • E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. - M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs,fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when 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 N O V 0 1 2005 SEGMENT: 14 SECTION NO: 386 SEGMENT: 22 SECTION NO: 512 SIGS/SEC: 7 FROM: 1 ( 5,174 ) SIGS/SEC: 1 FROM: 1 ( 5,590 ) RECEIVED 386 TO: 7 ( 5,180) 512 TO: 1 ( 5,590) 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 i • Printed Name Address Date ' 0 kik_C)\---- 3004^ 0u01S01C- 91 ? i\.)• J0 51-- , WI, ?f,v-if bs • I ,�; .) �,nlle YT•�arLS O� .2109- ?J£ 'Pt Re.,, ,, wA- `ifi0S, �I2 05 5. 'l t . *A ' Chrl,�+] J4 fl/lorrc�, 677 14 r `g , a.. � DI L eN�� - Dios-6 . 6. ,�i C sue►',e, W 4 w`v/ Ij Cc_ �c I vJ N 7. ' )--)5V93 6A1664,) 6!13 •- /ti A) --'s4 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 rmittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. _._.- r-elrson" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. 'Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, 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 n 21. Nonprohibited acts—Signal purposes, forest protection. ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the.City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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: 14 SECTION NO: 387 N O V U 1 2005 SIGS/SEC: 7 FROM: 1 ( 5,181 ) 387 TO: 7 ( 5,187) 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 le vvyy/ r\c)( kkacultoek 66— dr►t �, � i_selliaf NAY< dcco9 AYETiol /4/65 few AL_ :6 CaC S4- 2 - 4.1 OWN. 7-7-/ //5(7CL / • Ae "0",5 J-0&'~.1 A,e4 -2 (9 l‘1 --//i/eSs 6., c_:•:^ � _ ._ .��• 5 >'` 7. " r-----7(n) G<C ir-e c l - 3 ,C-3v'c� 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes,forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects"means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 tb the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the. carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, 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 pf fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when 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. r,TIJ 6rdinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a'reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age.1 It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. ' B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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.)Y OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAI, ID: 28 SEGMENT: 14 SECTION NO: 388 N 0 V U q 1 2005 SIGS/SEC: 7 FROM: 1 ( 5,188 ) 388 TO: 7 ( 5,194) 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 S • 4 `RECTLY STATED. �,, ;\ Sign, ure l� Pr'nt d Na e Address Date 1. , ¢ / 0 . V(tjell ,4-!4/C _ I.v��S N f C� �'71✓ ..")'''.7; 1 :i';r'y- 6' 2. �, �,- ;,, �, bX_A L-tt4'r-r16/r-,\c��, / °EGG S'c 1�-� vr. P z( O� 3.v ,4,4,44..x.,,,>;,67./.1,4:,.. /f4 i/e f f l 7 O- �= �a /mil/ s 6'-767/05- 4. ,,,,-PG----- ./\' ... 4 -6- i' i k 'eryiliii /5-06 ,5-/A ,01. 5,774 , . a �> vs a J S0© y, 'i w p t- 6(-,��0 5 6. 7---N._ � eZ ; � ,,/ --20492<__Zi-17 Se 0.( /0 5- . � 7. ! Q. 0A,L Uomos C ' dis to 1 s So Pad 0 i t- p 63/2/0 �' 8. `\\ 'IAN§c10,- 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes,forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. A Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the_production and such person possesses a valid permit issued by the city. Section 21. Non prohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL P• ID: 389 FIREWORKS CONTROL ORDINM ID: 28 SECTIONORDINA NO: SEGMENT: 25 SECTION NO: 706 SEGMENT: 14 ( 5,195 ) p' SIGSISEC: 7 FROM: 1 SIGS/SEC: 4 FROM: 1 ( 5,999 ) NOV 0 1 2005 TO: 7 ( 5,201) 706 TO: 4 ( 6,002) 389 J 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 ._‘217` 3. /10; / Zz.t 16/51c1 S ' AV SE 771, 10 c 4. 5r,er� J6 4 °1 re "" ras' dA 44g6 0444/101e Lb -11N o$ 6. 6;j,✓i 1-/3 o Iv Li,J 5C T P,L-U 0,rr-t31/ 7- X Z.2ntkk(;I(_ add Vuefctd,4 P( Aff (, 3o3 7-7l - / 64 8. I Cy ( 4Z NE p t . `lbc 312 /'sic9. 0411 r(a/ t/). Padl (-(rsy; 13. 14. 15. 16. 17. 18. 19. • 20. FIREWORKS CONTROL ORDINANCE ti Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes,forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as"consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television,theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. + M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than$500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW,to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. 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. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required.by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall becomefeffective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this • ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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 ORDINAI, ID: 28 FIREWORKS CONTROL SECTIONORD NO: ID: 390 SEGMENT: 24 SECTION NO: 651 ,•, 14 NO: �g SEGMENT: FROM: 1 ( 5,202 ) SIGS/SEC: 3 FROM: 1 ( 5,825 ) ®� ty� 7 ( 5,208) TO: 3 ( 5,827) SIGSISEC: TO: 7 651 RECEIVED 390 'f► "j"' 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 11 ! 410/t/• : / /t. ' 16�' 0 22%6 �? S'{/,?: P (�6 ..i ce" c /Was.— 4. �� �� A,v) S Lam/ U0-` it`'1 Aec 7—2-3 •--C7 5. � ,/ 5 /17-G t,Q rl<-,t' S- (,(/lc( eqlsO7 �1 j 64( Sf •7- -O5 6. ,.+ \I) 7. I (.) k (U,,,9-4• 2.,,2C ,L; //4,44 Ai) . 77- 8.C\fj\ ) � r � r��� � �; I �� )1o� r I z - 5 11. 12. • 13. 14. 15. 16. 17. 18. 19. . 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television,theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction; delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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: 23 SECTION NO: SEGMENT: 14 SECTION NO: 391 579V 0 '� ®® SIGS/SEC: 2 FROM: 1 ( 5,667 ) SIGS/SEC: 7 FROM: 1 ( 5,209 ) 579 TO: 2 ( 5,668) RECEIVED 391 -es, TO: 7 ( 5,215) 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 TIIIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. • Signature_ Printer arne Address fi r 6-17 r �Z. _ L • 1 Viol !0 3.,--"17,/ T / / ,/,f/ acdQ,fi�. mac{a o S L133 YlkenvirOP 4by )u.qU = 6. `---742ok/ _ 14)./1) M e. Pv3 / s r rT /.<2eA,70,A,/ i<C6615-01-- 10. 11. 12. 13. 14. - 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local \ governmental agency. / E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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. c Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use rand 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 ORDINAL' ID. 28 CITY OF RENTON SEGMENT: 14 SECTION NO: 392 SEGMENT: 34 SECTION NO: 887 SIGS/SEC: 7 FROM: 1 ( 5,216 ) _ SIGS/SEC: 13 FROM: 1 ( 7,169 ) N O V 0 1 2005 392 pnA.4. TO: 7 ( 5,222) 887 TO: 13 ( 7,181) ��3 RECEIVED V 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. f /C/'t :xi- 1) (Z.o S 57:36 AJ z/ y—v 41,„ ,:., . _ _• vNEM ----4,mosaiaissi- L- .,- �r r -.- r .t LW SPL /ifs/Iri' ' 7. 7/tt I. f 2-641 ` 1/ G° ' ,R/J .. ti�sss �i:�r.�■�rr_ Zta-sr r'at..�r,►�si�r:ci f, `. ir�Ls V. ` 1►1{3a' ` I P�iHL 3T' ' 1111014.61.1". .m.g A, 04111WWILF421PWRIIWW 13 14u14 cc 3 V 3 stt 1 '►,•�„ Vgie � — — e D6 2 diej- -.Ala - -•.�•+iY � 1, �,/ 17. �R'�lc_/1 i G[6 f,��/-7)7 n/. 5d/ /�1�-- A- 7` os / �-�-mL�/� �� 19.t U/1 N �� 5�2- L'/�1/Z ` /Tv /l1 G� "� '7` kt_S - 20. A4 C ► .� V iYg l n u t Craec« di)/ /,,,c,on, 6g- VrIt,1 '-'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. --_. K CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAl' ID: 28 FIREWORKS CONTROL TION NO P ID: 28 QO SECTION N0: 858 SEGMENT: 14 SECTION NO: 393 SEGMENT: 30 6,870 ) SIGS/SEC: 7 FROM: 1 ( 5,223 ) SIGS/SEC: 9 FROM: TO: ( s,229> To: 9 ( 8,878) RECEIVED 393 � � � 858 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 ISCORRECTLY STATED. Signature ' -inted Name Address Date Jr.,. l 2 I,, , /- 41 : . 14 716— . -----7,5 "age dipP7S7-1C-441, . 1 ' ai,„._ 6_,,,, -. ps,sc..,-- r-"... op.' wr . '-- �"6 < ''. -....A--- _.,41arlidirIMIlinitia 71741 El ,-.-1 - - iThim.-I -, - --i&Vt6=5: 9r=7L-711Q`.74917 el- , i / / ` c - Ilk:inle " i ' r 7113/1375 .: - .�=, :ice ` ��.r-'+ - � - - � -:- -. IN - 8. ',0/(/'?/ ei_-,,,L, (4- _ /y,:ittlfei is / � � 10. itt" �*wim4, ��- Stacy",J ypsDA S v i rot_..01, "Ai ..i. ,."fi,i. • -e9---// -7— '-L---- ---------- - - , , 71,5, .2 A)c 2 voi (A A 9 �'1,3;6: _ q� 11. !� _, � Warr/ILf oL l �l,,.Q, �- � 2Q lC� `�'1,3ro5 -^(% 711 7/1Y ii f, _ - :-- �1ravi rmiil�'i_,;1 ��� it ^ f�� 7 tiroki rr %� � `. ,-': i� �_i�i dr `7IiLe 4S org1-5:, ttrZ ,__4; -1-7:ft-1-2 ---TV-L'it:qc-*-•'-g'AP-e------- "•------titilmiviai- - ir.ite 11_1111111111:111-,a, ftiliglirilo A! — P.4 , ./9.,e.. '501.4 _ ,_ .c-RACI\ 49-0 P.?- _- ___PS Otk--05--/Th CN 0S- ..7111/ie 18: - J 3Z(SL1 L( Sf tap pei,4 1 -1- 1`( -65 1 . b lq- 6 zoo 74"'d FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than$500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection; pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when 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: 14 SECTION NO: 394 NOV 0 1 2005 SIGS/SEC: 7 FROM: 1 ( 5,230 ) 394 aryvp TO: 7 ( 5,235) 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./Vgitt OY ( IsscA `beLl G 2 ?'3, 2e0 C 940r tjA f fit. �(CJ S . VVd ��«� 14 Zlcr�GSe� �� ` l(ilo� g 4. , i ` r A . saez-¢v 3l0q s .jJ 3-c q .o 5. Y, 411 f,-1.07 cZ10 5(;Y.4 1 tos —rVASY‘o Lv,-1--F\ no SE gra sT igtoc 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. q D FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. • 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks"means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as"consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. • C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of,any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. • No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit-Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when 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 FIREWORKS CONTROL ORDINAP ID: 28 NOVSEGMENT: 14 SECTION NO: 395 N 0 1 2005 SIGS/SEC: 7 FROM: 1 ( 5,237•) WARNING 395 q, TO: .7 ( 5,243) RECEIVED CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Sign ture Printed Name Address g4c,n( La4 Date . - \\- UN'Nev4 —11 Ok.,%av-tob � 80 c 0+ 3. dv t c. 54 S 2 ` -n�,-11/4) M) 5E 1.9057' q11 1.S— Jt- )°e-ri/fecuYi 2-304, Srct ave 9-rC°-Q,P. /fs--/-)s • 5. 6. W1/4 vOt. 733 l o E 21,0 C8- ci t0S-6 7. &" l-/Ga 644., 2-316 SF zha(c-14 9 pafl I-I5-65 8. a. 144;:19 Xt 2 3 2 z S.Z 244 CT CIS-or 9/ oS. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects"means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television,theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of,the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 NOV • GMENT: 14 SECTION NO: 396 ' • �l1 8.1 20g5 SIGS/SEC: 7 FROM: 1 ( 5,244 ) 396jr4. TO: ( 5,250) WARNING CITY CRECEIVED LERKS 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 Cityyof Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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.�jc`�'l /5/` .., - .?04( SC— 3 4 S-7` ge",er,,✓✓ 57 ���/ms .o I).A1/i' 1 MmL1 77I t7 --I mwAf,&i -/ 2. , &4 t1I t KvzQ- 1W; 6OD 6.(0. 6 - ` s. ej ' „,, —4. W P A 7 y l ? � C.,d�S, //v`f N 3`f ? N VJ ` ,5G 7-y<5< IN 6:If &iPZ !_La ' l 1- _ sac,r)Pri a. kcaD , 'fak?k n 0y, y ,07. ��. Ir"_ ►rllr I ..Ai 11 ,a._ 71° I S 17 ' r •j 1 f� 8. pick ' • y L add. n��k 6/ inotris velyr. , , /* 10. . 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. • 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction • 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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. 0 Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the'possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. • This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY'OF RENTON CITY OF RENTON ca OF RENTON FIREWORKS CONTROL ORDINAP ID. FIREWORKS CONTROL ORDINAL ID: 28 SEGMENT: 14 SECTION NO: 28 SEGMENT: 26 SECTION NO: SIGS/SEC: 7 FROM: 1 397 SIGS/SEC: 5 745 NOV 01 2005 ( 5;251 ) 745 FROM: 1 ( 6,157 ) 397 _, Q, TO: 7 TO: 5 ( 6,161) RECEIVED /ryti,. ( 5,257) 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 •A• DDRESS IS CORRECTLY STATED. Signature Printed Name Address Date 5. • W/l/ ci )59 Wi « 123705 6 AiLd, ctmvid-rd I5IR 1<.tv4auuld 64.1,G,. �iei�r'otJla2; 7- 0 7. - J-el�6fr fit � Sst vt9�1 co ucui ivt avrol 77z 3/6s 8. /) �- 5 /UI' 3 7/ue A` id- $- 7/ �vs • 11. CC 502 77 `�. . 12. yp. - ,0!.1 eeca �o ai 3-7S0n1(9, Se- `3erzi 7-23-D5 13. • dV1,e sr f Gov r -ems W 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. Fr ion 21. Nonprohibited acts—Signal purposes, forest protection. Ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 ROW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: SECTION SEGMENT: 31 86 SIGS/SEC: 65 FROM: I N0 ( 5,2588) S GS/SEC: 10 FROM:SECTION N0: ( 6,9528) NOV ® 1 2005 398 TO: 6 ( 5,263) 868 TO: 10 ( 6,971 ) 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 i���+1��► V V 4• i • 744 2. l 1Q.19 4. COIL- ,\iR1+l. 1W ` l531 ' P-4 Js 4- J `7- DAMS '9PA.1.-WW-- 4-67,fa 'Vac\ 0 -, 6. CaLi,U `cA 9 J 63- — 7 -,)04A_.- 1-9 ROD/1109A-- ":14-44-s- A Pa-1404 kkas Peild-4A_ 4LJ4//1/e/M- 1 /5Z; Mi 7 r �' X '_ 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. e M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than$500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW,to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, 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: 15 SECTION NO: 399 FIREWORKS CONTROL ORDINAP ID: 28 FROM: 1 ( 5,264 ) SEGMENT: 22 SECTION NO: 511 SIGS/SEC: 6 NOV O 1 ZOOS TO: 6 ( 5,269) SIGS/SEC: 1 FROM: 1 ( 5,589 ) , 399 511 TO: 1 ( 5,589) RECEIVED CITY CLERK'S OFFICE El9ERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE QR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT,SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF . RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the • enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to'celebrate New Year's Eve. • We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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 64A' -w ' .I �6777�hp Is • 4. . : • -�G 2-z. l”.t,,i4Ut kc�rr O� W V/0! ti. `:� ��I t:2, . l(�.2 -'',5 er , . •21 S•rIrv` - g � 'S ? �Oo,3- ` 6. , �► �' � v' u��1( -bI-T� f 1 d l� �i� -h 2 IU . - . Gl.>� - r��1��'o sz r _14, r ... cyc AAAe 8. �1 • 9. • • 10. • • 11. . 12. 13. • 14. • 15. • 16. 17. 18. • 19. 20. • FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. • 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks"means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects"means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television,theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs,fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer-fireworks items. P. 'Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. a Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. A • Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON CITY ®F RENTON FIREWORKS CONTROL ORDINAP ID: 28 SECTION NO: 400 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 15 SEGMENT: 22 SECTION NO: 510 NOV 0 1 2005 SIGS/SEC: 6 FROM: 1 ( 5,270 ) SIGS/SEC: 1 FROM: 1 ( 5,588 ) TO: 6 ( 5,275) RVED 400 510 TO: 1 ( 5,588) CITY CLERKECEI'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 mie1. !.41,-rv„irdirna A: 06 5o ion Ave -Nc - 9 ' 05' OFM/ 747411111117 3. • /1. r ..sue/ ,r r----, f. - .-� 33 Sf�- /-'/ ---i � 7 v -- J • 5. ./ , / ����_ sly' . " /71 114, � '`' "f /A'! �E6 6. !, 4 � �/• 4(1A 4 t'f‘c1 - • 4 . 6 7. Lig .I ,'It A.A./ ;.itg ii ` U 1 /Wd 30 1 ` ,6 / -a 8. r � = � 10. 11. 12. 13. 14. 15. 16. 17. • 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose— Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. `Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and,for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON 28 FIREWORKS CONTROL ORDINAP ID: CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: p' SEGMENT: 15 SECTION NO: 401 SEGMENT: NO V 0 SIGS/SEC: 6 FROM: 1 ( 5,276 ) SIGS/SEC: 22 SECTION NO: 28 1 ZOOS 509 401 y,,A TO: 6 ( 5,281) 509 1 FROM: 1 ( 5,587 ) RECEIVED 0 TO: 1 ( 5,587) CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY O nER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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. Aq F V,C eY ( /4, 7- —6S 2. 134,_ - (01/4( up (q 5eztc&lik OE A i 3� 4. .f Z , �5q o7//aim/Ns;,A✓ AK, ye-Y‘I 6. 7. ( &V4IIa.., A 1.3/ Y' s b i 3 3 S E Co ` 5`i -(3-0� 8. 5nnL5P,2 &Oar- Q 4 '000Not6 e_ (orc6 10. 11. 12. 13. 14. 15. 16. 17. 18. • 19. 20. • FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. • E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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. CRY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SECTION N0: 402 N O V 0 2005 SEGMENT: 15 5,282 ) J� E 6 FROM: 1 SIGSISEC: TO: 8 ( 5,2s7) WARNING RECEIVED 402 ` �` CITY CLERK'S OFFICE EVER 1' PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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 l.1j C %'i i v l r' 3 . ; � 6- AJ cu obc e d 4. L tIrtAx)v).,-Z- g-V eAL1 N, . rinse)--t\A 5. ,i,,u 6,(1471- -elnAu 111 - 9 ��sr\( Svc Z. zT je 6. ,.` �LJ b,�� add r PJ. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. • 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON CITY OF RENTON SEGMENT: 15 SECTION NO: 403 FIREWORKS CONTROL ORDINAP ID: 28 SIGS/SEC: 6 FROM: 1 ( 5,288 ) SEGMENT: 25 SECTION NO: 705 1 2005 SIGS/SEC: 4 FROM: 1 ( 5,995 ) NOVU�� �9. t� 403 A TO: 6 ( 5,293) �''_r 705 TO: 4 ( 5,998) 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. , , Lt .41 Signature 7 Printed Name Address �/ J Date kw v r . rj ti 11 3. , COW P r/Z 0 t 4. f ( _- Ptchetel A474h s �o b /- 7 74' 7. Zs- S edit „irk• OV ili'Vitl 1G:!��_ 7rA i% 1 5ii �i l►��riii w5e_ 6. ra-, ibv--ciA.A.A-VD4d1.3 Sot iukek-tuv -7( -24(0 &('' a PA) 0,50. -vt/ ._:; • 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. • E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. `Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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: 15 SECTION NO: 404 FIREWORKS CONTROL ORDINAP ID: 650 28 24 SECTION N0: NOV 0 1 2005 SIGS/SEC: 6 FROM: 1 ( 5,294 ) SEGMENT:G S/SEC: 3 SI FROM: 1 ( 5,822 ) tl� 404 - rue,, TO: 6 ( 5,299) Y� TO: 3 ( 5,824) RECEIVED U 650 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. ..,_ ,24,,,‘ , i. .--, I', /4,,ci.,...? ,:,-,a,R-. g/e., '3.,/,...rd W:,,,,d P,'..7.' 7—/',-- r 2 Ontut• -'-a.�..l'vt 1n : i 1-lazy:.L,e\. N . 9-12-O l c 41, , Iril ( , 4. -0:. 1 t ) * C,SSit . (// � �.w1 ' �. .J c1Te. 7 -/ _ ii teiywf ok'keiii mkt I vre (4 "1 5 C AIE Li th .-12 -144* -f-47" i6t,—, iNie(073C ! Qb.A6 ereir,y Ave 5 4-li-uxl /1a/v5 10. 4S1---- 11. 12. • 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 - - - - s. FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON N O V 0 1 2005 SEGMENT: 15 SECTION NO: 405 • FIREWORKS CONTROL ORDINAP ID: 28 SIGS/SEC: 6 FROM: 1 ( 5,300 ) SEGMENT: 22 SECTION NO: 508 RECEIVED 405 v re... TO: 6 ( 5,305) SIGS/SEC: 1 FROM: 1 ( 5,586 ) CITY CLERK'S OFFICE 508 _ - - - TO: I ( 5,586) EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED • TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. . INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. 'This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for• himself or herself says: I HAVE 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 eiLizg, civi-4 Date 1.��4 .- I �1�t -L- Q �q1a S '' 0 1 • a- .vS 2.`2 & (afLLQ c¢c 3t11 a{a cr. y- .12 •0. 3.T, � S aV/4JtE 2lrrr,� `moo$ -7 (05— ( J I 5. len6 11 77-0 p4 / ;co Gretitt Ave s.7 5 ciso5S -04.3- 6. so.N O rr.A '210 ie r -,� 'tom PR.g -S, iorr - - - 7 L A i /3 La 4/F 11J - rJ S 5 710. ' 8. ' 9. . 10. 11. 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 ORDINAP ID: 28 CITY OF RENTON SEGMENT: 15 SECTION NO: 406 ! FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 2005 SEGMENT: 33 SECTION NO: SIGS/SEC: 6 FROM: 1 ( 5,306 ) 881 406 TO: 6 ( 5,311 ) SIGS/SEC: 12 FROM: 1 ( 7,097 ) RECEIVED 881 TO: 12 CITY CLERK'S OFFICE ( 7,108) EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- - ® five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in ' accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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 • .----4A- -11/A-/At / Orett-- ---M. • � .1 Aft .--z•'' AVM;L='__a. • /`" 7 1*a_-,fi, vim.: — -r- ::iai� — — -- - 3(i I ctA' � 96-LikA M curl e.r,e_ 5 A/J fJ (-? Jae 2 �c�Y 7��/cts P _ 1q = - - - -- -- - ---- -- a�� a `1 ��1 4 - c I Q-es . _ - G -- 6. 1 `•M »% .Li OW.ei-S /I i, ' ti $ 4id scx/ W, yu 7I, ` - ' ,, ; l .... .9t-'6 .! 7 If il ) -- — - k Lin r 1n 1 1 if f c e t1 ll� ut4 r A 1 9 ' Si- Sce C Ii52 1/5 -C FutiN 14s, c, _ �..``L1 _ 1SV �� &;4 �z` c .c ALA Gt /- 0—05 15 k t, v f / .' , e mil,`` \ : Sw3 411-1+VorKANIC QVN0g5- .1/4 v/ 17. n k., P.a..' //'e r1� l d I rG I! 6 e 711 zu/ :. - ..avirr 4•lid � �� JP, 1. 1 r / ,- p1�r 1 l - 1 se'` Nam: 1 l ; _ n'. a L�D FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 • Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and,for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day.of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when 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 ORDINAI' ID: 28 SEGMENT: 24 SECTION NO: NOVSEGMENT: 15 SECTION NO: 407 649 • NO V 0 1 ZOOS SIGS/SEC: 6 FROM: 1 ( 5,312 ) SIGS/SEC: 3 FROM: 1 ( 5,819 ) 407 TO: 6 ( 5,317) 649 — TO: 3 ( 5,821 ) 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. re Printed Name . Address Date ErRe If '2._J.. .__. ��� �uscLw �Iicke 18ct41;ltod'es-1-Lr.. /C!E 7-S—D5� 4:, vtv '� Vanc, e ca, (I�t- u n k\G k,, -5--05 .7 �/ "8. • l-D iKJ" f// '0 g 1 av� 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but • which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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 violatiorf of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor ibr any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. •