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HomeMy WebLinkAboutFireworks Initiative Petition - Vol 4 CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 408 28 FIREWORKS CONTROL ORDINM ID: 28 �. SECTION NO: SEGMENT: 25 SECTION NO: 704 NOV 0 1 200C SEGMENT: 16 FROM: 1 8 ) FROM: 1 ( 5,991 ) ( 5;31 J 5 5,3 8 SIGS/SEC: 4 SIGSISEC: TO: 5 ( TO: 4 ( 5,994) RECEIVED 408 704 CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Si ure Printed Name Address Date--7 �d/OS • rA LS U S •C c on-- • 4.bV G o6- V Q.� oav Ott I N•T� s [ o 5 6.' 71)a_--k c a.3.2 N I0 8 05 7 i-z 8. — - _— _ R9t.� �..x� 1!%" :pfi/ t�x��,7Ct_..'��.'c' •cAkd 10. , In 9. oyino rwbo-1- 98Os*I05 11. i x 1641:Ltvk W _> atJA r12e4rLA,W.o-zc - 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. r M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed , display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from.the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. • Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this,ordinance cancelled, revoked or lapsed. - B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 16 SECTION NO: 23 FIREWORKS3 ONTR(s OONINor ID: 8680 � ®C SEGMENT: 6,952 ) NOVH 11 mJ SIGS/SEC: 5 FROM: 1 ( 5,323 ) FROM: 1 ( RECEIVED TO: 5 ( 5,327) SIGS/SEC: 10 sai 409 To: 10 ( s,961) STY CLERK'S OFFICE 867 - EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL'BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: , We, the undersigned registered voters of the City of Renton, State of Washington; propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if'foot enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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. 1 -e Printed N me Address Date Val/.,,i• ` 4,� `f e- 2. C „.11.5 i.21=L- k' 1 t i6 °T. Alit , ,iUv R:� sL: 9aa (., i }^ r •.--. Till' ) i• t i s qt. _ , A.T.I.if,,, — I., .,., ..., . 4.: / ' Prt4f,,Y;f1i 9'R)',?\,-r7 -2/!-'7,t, 0,� anximlimami A�, ,'._ `Jig • . �;, / ii 'i ', 4 `.. ;-p ia`" L -, - tr 5 _ G` AN 101ffin ' 1 119F' ' cal' ( 11. Zilvy4 /��.t - ,.,,� (.,Q I:: re( r'5r 0.,,� . r�� r 04�l e K.J Artiar 4 s P _ " r�lrr�ln, _ -i amm.r ii et: i� ,r-- . atilifffi, , , .-- 'A .l ark-! - n' •- 9 _ N-.. n , ( ' i ,tj� e . f7 / Wit% �r r..• t'L�/!!L/ ir% '-ma'., .. . _, �"" . !/r iMlfr l"10 '" 4, ems,rA ar« sue" �aiiva►- ,r (iTiriif a. l f4,, „01 ,1 :_1.1.1Migrg " - - 7' A'r� iiiaI.�fN�'. n ... -. _ 1n 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 I C14 OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 16 SECTION NO: 410 SEGMENT: 25 SECTION NO: 703 SIGS/SEC: 5 FROM: 1 ( 5,328 ) SIGS/SEC: 4 FROM: 1 ( 5,987 ) NOV 0 1 2005 410 TO: 5 ( 5,332) TO:. 4 ( 5,990) 703 _ _ 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 tia� itAdi/f. kwilit p f/ D Sr 3. R .1/01 e,, % Angela q rye. 'SS' 6-olmoncis Av6- -R3O 4 %rd'Ii ,!`.AL/- - - • .Wrrra — FZ`i �I. --- NA. ._ �.�. ram.. ` - - -- --°INF sr. . 1- • I ma$ -- - e r k 3-3f EM "c 8. e rrry * WOO /ie BIvv) ��9 9. s. l o. 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. f • Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. - - CITY OF RENTON _ -, CITY'OF RENTON. CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 SEGMENT: 16 SECTION NO: 411 SEGMENT: 24 SECTION NO: 648 2005 FIREWORKS CONTROL ORDINN' ID: 28 FROM: I ( 5,333 ) SIGS/SEC: 3 FROM: 1 ( 5,816 ) SIGSISEC: 5 RECEIVED TO: 5 ( 5,337) 648 TO: 3 ( 5,818) ;ITY CLERKS OFFICE 411 EVER ERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT,SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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. ' 9. 3 a (>) `t 8656> - 6.4 7. 29,44/ g• U l -4/y5s7zsr , p dee sG 8. rjir � _.r7 Z;1e- 477121� r''c,T3 ro2? rVreLS 9. KOdlon kv� 204 .,u �vl l Nu 9 7l /D5 l o. 0114 M" �v� (qtA 4j I`( Pi. 9g&S 6.' 4u Kme-19, IW`3 �f a qP 1 - 17 °° 024 c- - i-73,e� 066 PisT\rizm fir lira55?I ?(05 - 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. A M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than$500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. • Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 pm. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code: - Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. 1 Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal.The decision of the fire chief with respect to the revocation or suspension,of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23.Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. forviolationof the use discharge of fireworks a reckless manner. C. A gross misdemeanor prohibition uponor � � in D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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: 16 SECTION NO: 412, SEGMENT: 25 SECTION NO: 702 N O tl 01 2005 SIGS/SEC: FROM: 1 ( 5,338 ) SIGS/SEC: 4 FROM: 1 ( 5,983 ) TO: 5 ( 5,342) 702 TO: 4 ( 5�ggg) RECEIVED 412 _ _ __ _ __ ITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth • of our country, and to celebrate New Year's Eve. . We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address Date 1 --Inf 601ACZZA 09 L-%&W€( R17ki ?)( 57 W6.5Co 7-Z—o5 2. '3 24— 3 e. ."(-r•eed T 1'fycl '',,- -/0 I- .'v ao f-, ly CJ'c (,' /'-,ate —O a. A• Al t.,!.L,7-^-"--•:It2W gsL"-- li .1i7 o" ' s. LAI% v j ' - ' A r .. ' 0-4. 3E -‘1"- Lei ,05 , `7I P-1.° .4. _ . - . .. AMA" I 7` ►�� , :L IG' is .d r w/ i.. _ S A fr: f.4- \ , 4 1 ..r- I r. , - , - /2/6-C.--' 4 -,---. 1kWAIr-iltMoi K..111101111 — ICOUW )L_ —- -9 eFtik9---7-__.'1 .----qe1:43-40 11. .4„i `�:�. , a16: 1_�I' /ie �'' r ' 1 ' (0 6 i 655 736,5 7 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 receiptiof the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 NOVECTION NO: 413 SEGMENT: 25 SECTION NO: 701 9tl tf 2005 SEGMENT: 16 G1 SIGS/SEC: FROM: 1 ( 5,343 ) SIGS/SEC: 4 FROM: 1 ( 5,979 ) TO: 5 ( 5,347) 701 TO: 4 ( 5,982) RECE1 RECEIVED 413 - CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in !; accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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 tt e Printed Name Address Date .rnW. A7 ,=�'r,?',a—N-s�.74.^ _ r E++. ^vF,r:wr 3v?`" � a:...ri•.._• 3. ✓��/ g FF A, JAcKsoio 912,s 4/78 Pt,# ` g95S 75 4. m g427A A t A 5'57 a%gas-445 r 8. C/O' elt,Q4 m c y ;; I SE 3N I. 455 5.11 b(C qnSc 7/5)65 • 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 ORDINAP ID: 28 SEGMENT: 16 SECTION NO: 414 )N O V U 1 2005 SIGS/SEC: 5 FROM: 1 ( 5,348 ) WARNING 414 TO: 5 ( 5,352) 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 r Date !i l -/(4) - -._—5-6 3a Ice/14- VP41�!�/�/��- 7- � nn, �` l (has Ike, 3 �1F, qga. 4 t & A ,J :e LJ/1 I I . :(13Z. ...Y 5. 1 Yfa - YVI 61 1 02o 1i ' / wor- 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television,theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol,through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. • Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. • Section 8. Supervision of public displays. • Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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: 415 CITY OF RENTON SEGMENT: 16 SECTION NO: FIREWORKS CONTROL ORDINAP ID: 28 NO U 01 2005 SIGS/SEC: 5 FROM: 1 ( 5,353 ) SEGMENT:NT: 22 SECTION NO: TO: 5 ( 5,357) 507 SIGS/SEC: 1 FROM: 1 ( 5,585 ) RECEIVED 415 507 TO: 1 ( 5,585) CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL.BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State'of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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. g7g6,,eaYt a Atka E b L. P crce1( 33 Se-(� foC . 'ffi-� -Ds lam( i e4 N • (4 t ctt //6 3- TuV o t- Ad( N,E• 3.add., �c W a('cQ T iup✓I1 ck /5 0/ Carl cv/4 Ave_ /U. £. 7, ® --05- 5. gL, ----r 9 -1/(c P rf e. . //6 f(e 79 c cr v I • 6. .1% /1 , r L LE5 arc - . YN/ I 7.3- I mac L 7 o ) 8. • 9. 10. II. • 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. FL "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of $500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. • Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which • shall be`removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. - Section 21. Nonprohibited acts—Signal purposes,forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. • This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON OF RENTON . FIREWORKS CONTROL.ORDINAP ID`. 28 , FIREWORKS CONTROL ORDINAP ID: 28 � SEGMENT: 16 SECTION NO: 416 SEGMENT: 24 SECTION NO: 647 t.J SIGS/SEC: 5 FROM: 1 ( 5,358 ) SIGS/SEC: 3 FROM: 1 ( 5,813 ) 416 TO: 5 ( 5;362) 647 TO: 3 I:REC[!VED ( 5,815) Crry CLERK'S ciwn;r EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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. r14u 174vDP / ll; rb ;j _st (?4( 37g8 Ai y am.571 , , -3 o z 4.., Aa_- fYleie ie7; caer 23)0 NariDnAeNc 7-9-05 6derAnagand rteivuee6Vgiou/find r"%ate< 7-9 a� 8. le i l A &iQ Z?,fI,S /C'41/, /et/ dzuF1-,-d�='1 vtwf ' 7/J r 9. 2r�v90 vV g 5 S ‘ 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 CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 16 SECTION NO: 417 SEGMENT: 25 SECTION NO: 700 SIGS/SEC: 5 FROM: 1 ( 5,363 ) SIGS/SEC: 4 FROM: 1 ( 5,975 ) NOV!0 V 01 2005 417 TO: 5 ( 5,367) 700 TO: 4 ( 5,978) !9 RECEIVED CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each'of its for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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_.�'. d _ __ --__ ... ___— _. — _—_ r , Pi • 4. ' C�ilm-x >+ �e_ot /1 CAy/ri L ? q bC S ► f N 313 C-€h.),)/ r.. I� s. _ &i r L 4-4 6-. ,.1 /�c /71 f] N S� �-5-a °l�°r 6.v. Z �j� �2� U i i'�1�2�-� ���l��c�i(JST/aD �i'%�r1t�TD/�/42ft 91. ss e., J 7. [/ i °f ( i .- Lb /UT v' :;T 77/57 -z 8. ce4trivi/ , -0( V/7 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. Section 21. Nonprohibited acts—Signal purposes,forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 ; OF REN1-014 / SEGMENT: 16 SECTION NO: 418 SIGS/SEC: 5 TOROM51 ( 5,368, ) l rNOV 418 ( 5,372) WARNING RECEIVE OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THATS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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 li--i Q 00 5,0 5-'11-Mt iGgvivoc ti3A q/oef4 ' 2. ( '' de-L., C r-.r— 7 i • .3. l o„ l' -ex‘ LI.nC Sat/ ) I deq N- 361 pt;ric? k I O6 , l e o 5 6. Jl. utfit'.tt 6S5 7jy b 7. s. 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 anyperson who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler,to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. f Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke•or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 �o SEGMENT: 16 SECTION NO: 419 NOV.V i 1 2005 SIGS/SEC: 5 FROM: 1 ( 5,373 ) ! TO: 5 ( 5,377) RECEIVED 419 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 Fe0�74, " 11_.„Z.AP X211-7-7 . . k °S— kiC A 041') U — II- aS -1'I 4. N_AsTaidol. ti , A - • I vii\LE 5. Aralitygyiramowar , V.26 66 .4, 9V g '711 6 C\.(u)61,,, 6. 7. • 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton.Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. • 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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. FYI' Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required.by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance caricelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal.The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed'as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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:SEGMENT: 16 SECTION NO: 28 FROM: SIGS/SEC: 5 420) NOV 0 1 2005 1 ( 5,378 420 TO: 5 WARNING ( 5,382) 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 ture Printed Name Address Date 1! .(°-<uYr\OLL " (ik- 6 -Z,ri\Or1 n 906.51 )1/4)G C41 -ft- cl$OSG 7/2-Ib5 2. 3. 4. 5. c_ ' c-L.0-1. 4 %(1,a-c,is Nos-�. '�`� 5fAielF Y opos'c>ms. 6. 7. 8. ,1447K2 G j.Jr 1."' //e2 e� '1//r✓:.t/o p9'6,/ e',+/%©rl ,/,5' 7R0-,,, 7-2 05 c 9. 10. 11 ('czAa'7t1' apz-lr hlf}kGh1A).e. /= 5P6vn0 1711 r1)IL bex 4U1,� NE (1 0c 6 12. 13. 14. 15. 16. / /� 2-ft-dti 5 5^)Gfj?,::v1✓� F /ff (7. 14 e a#fr- -- P - °5 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. 4 \ CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 16 SECTION NO: 421 NOV 0 2005 SIGS/SEC: 5 FROM: 1 ( 5,383 ) 421 TO: 5 ( 5,387) 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 Addre - Date 1 d.9,A b 7 4 , Zieff,Sf /,3-L53-- fi-,-- 5 A /140y4-11)V1414-Mtlet-114- iCrO p S Zei-MT— 7----n6- 3. 4. 5. &AV WYSL EAR auKAA5lar mi, w ato,-(y� cs< ,� d ( f 6. 7. 8. _ r ,i L_ 10. 11. 12. 13. 14. /644 , euJ NichOle a\v')s A?bt ING Lo-vgI `1$o5(v 7-a-0$ 15. 16. k�17. • fl1 ,et �7fl05fa i 8. e9.0. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose— Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June,from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p:rn. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. + Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 FCITY OF RENTON ~ SEGMENT: 16 SECTION NO: 422 SEGMENT:ORKS CONTROL ORDINAP ID: 28 NO V 0 1 2005 SIGS/SEC: 5 FROM: 1 ( 5,388 ) 22 SECTION NO: TO: 5 ( 5,392) SIGS/SEC: 1 • 506 FROM: 1 RECEIVED 422 506 ( 5,584 ) CITY CLERK'S OFFICE TO: 1 ( 5,584) EVERY PERSON WHO SIGNS THIS PETITION WITH AIN Y v fHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate-New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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 . -71 4445' 2. � 7-4 s • 3C 7ie,/ kte., alMAN a/f ' SE aRJD PL- 4. / � ,' ���rhec y4za zZI s6 2 rd et . 1%. 7 —Om/ r) 6/474. i 1 56.-Zij°12/..Ae_z- S" 7. 8. 9. 10. 11. 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. ti Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006,from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection,and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section;21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation.When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. .Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section'26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 17 SECTION NO: 423 SEGMENT: 24 SECTION NO: 646 SIGS/SEC:MENT 4 FROM: 1 ( 5,393 ) SIGS/SEC: 3 FROM: I ( 5,810 ) NOV 01 2005 TO: 4 ( 5,396) 646 TO: 3 ( 5,812) 423 - RECEIVED CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: �--,-- We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified . electors of the City of Renton for approval or rejection at the next regular or special election in : accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address Date • — —1 , Atie9Ail l �'� than -flop 0�03 -ivQ- - Mf ehrifka 7—n—fl-f ,/ 3.. ( 1=kilso i>IN DE4 4( cZts-Sg 3%1- PodEntie4 MI 77// fic • 4, ., lali 14 i( 'o< Kov-K1c o)/vejJ.f. \t-14. cleb\b---7-ll 5. c9AI 7``rz �Ct eAr k'me_ 6-13 Ro3ari6 Auena�K.).i, P(M 7111 6. tY2( Si:)4414.L 0.- C.— 6f1/0 toZ 24CA` S1 7 l&6,r, 'JrilcS .-- - Strip'" -'•"`_- - -/S 0 5E--t-4 4.1"S �f 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 or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON CITYOF RENTON FIREWORKS CONTROL ORDINAP ID: 28 ' FIREWORKS CONTROL ORDINAP ID: SEGMENT: 17 SECTION NO: 424 SEGMENT: 28 NOV 0 24 SECTION NO: 645 1 ZOOS SIGS/SEC: 4 FROM: 1 ( 5,397 ) SIGS/SEC: 3 FROM: 1 ( 5,807 ) TO: 4 ( 5,400) 424 645 TO: 3 ( 5,809) D CITY CLERK'S EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED • TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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. 47,(-47A h a 2 R k. L �f 2z i `I .rf 184051 7///o$" 4. = s =t=' = L: _._: � - ¢ 6. y1" did 5�� ,�r �l� � .5 �- St.-5 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 or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of The permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief,or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON `'Tr'((-Jr FiiENTON CITY OF RENTON _ FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SECTION NO: 425 SEGMENT: 26 SECTION NO: 744 NOV2005 SEGMENT: 17 V V • ( 6,152 ) SIGS/SEC: 4 FROM: 1 ( 5,401 ) SIGS/SEC: 5 TO:FROM:51 ( 6,156) To: 4 ( 5,404) 744 RECEIVED 425 - - VVAI(N.ING CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Sign ture Printed Name Address Date 1. 206 f -z,�- 3. • 6. / E 7. -A Jo v6 9. 1 1 1 'Ds - • Q 1 P r S Sr11 e atle S Z 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 ORDINAP ID: 28 SEGMENT: 17 SECTION NO: 426 NOV 01 2005 SIGS/SEC: 4 FROM: 7 ( 5,405 ) 426 TO: 4 ( 5,408) 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.—greA Wro'in 14 Q)op, Rem t‘o,r;LII ,409 / / 2. ,P 2�,,� "��� w>�► < d y -7/704, , �- 1'D�t 6 CAI Pow 2? .�� 3. wg- 3 l 6'S n L L J0 1 it c cG _ / �) 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. . Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, . authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. • Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. A Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any:of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance,the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAI, ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 17 SECTION NO: 427 SEGMENT: 23 SECTION NO: 578 NOVy 'I 2005 SIGS/SEC: 4 FROM: 1 ( 5,409 ) SIGS/SEC: 2 FROM: 1 ( 5,665 ) GF�1 �1 E 427 TO: 4 ( 5,412) ' 578 TO: 2 ( 5,666) RECEIVED CITY CLERIC'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: . We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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. • / / Pr'nted Name Address Date i / 4 , ,/ ,. , _., ...4...".4,60 Ari / Je_rr A._ 4' //--- /A/.60j6-1 ji.7/Z' ' 0 aro-- • _ail/i�z ririt/ iVii iYr_7Y�s �snfsr �_iisrRr���r��le 71� / 3. SPIPM11 t'd ' - �-fl '— 5 CA5P ER } 1,3G-/YE z1 i \ 'Alea . al lI i Vi►�� ► i : , 6. dffinrialrAlan aliPiraa La TS.. - -- i c A/ Jr 7. C00 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. 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 its any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4.• Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the . revocation or suspension is affirmed by the City Council • C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. • Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. • D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF•RENTON " '`"d' 'ON FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON • SEGMENT: 17 SECTION NO: 428 FIREWORKS CONTROL ORDINAP ID: 28 N O V U 1 2005 SIGS/SEC: 4 FROM: 1 ( 5,413 ) SEGMENT: 22 SECTION NO: 505 428 TO: 4 ( 5,416) SIGS/SEC: 1 FROM: 1 ( 5,583 ) RECEIVED 505 TO: 1 CITY CLERK'S OFFICE ( 5,583) EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: • We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address AkiviuDate 1. C D�ir*e _ �� ��e' d iaf. Air /g 3 vne S-4-62DV g 1 iS/oS- 4. �J ira,(\\ j c C))NC.kcikA � S`�a Luc_, ° J L 8l c� U� 5- piclor71,1)fi3Ok?O/ SPa,a s - 6. �1 ' '� 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. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAI, ID: 28 SEGMENT: 17 SECTION NO: 429 N O V 0 1 2005 SIGSISEC: 4 FROM: 1 ( 5,417 ) J� 9 TO: 4 ( 5,420) RECEIVED 429 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. Si:.,ature 77> Printed ameArTc1 4(0.K. Address D3to IVO t td - Ada / v 41 , • 1. ALIA i 0_/1 eClkw' / I e L or.�� �� _ c drartak-, 12-- /. 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 aped/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. ) T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW: Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. • Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King.County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 Ip: SEGMENT: 17 SECTION NO: 430 SEGMENT: 26 SECTION NO: 28 NOV 01 05 SIGS/SEC: 4. FROM: 1 ( 5,421 ) I SIGS/SEC: 743 5 FROM: 1 430 TO: 4 ( 5,424) 743 ( 6,147 ) TO: s RECED ( 6,151) arty CLERKI�/'1='S OFaC€ EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT,SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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 "27-A‘44 3. JeloN►pc-I�. i-1c-in n/fri Moro-erei Cwzr 0,3D- an. , A.,r. 4 a6K 4 115rle.J 11/ P2 dev4, (a fdi 6 ' < / r .917 7. G am . I + 494- Sect e 46 / ' ice / 0 -iceAo 111, �� Pad!<� $17GIJ L/q I,2 i—' f/ 5 ?IAA —40-SY . y4 12. • \\1,3. 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 r acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. • Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of.July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol,through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. a Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. • C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON - - CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 C • ITY OF RENTON pB SEGMENT: 17 SECTION NO: 431 FIREWORKS CONTROL ORDINAP ID: NOV V 11 1 2005 SEGMENT: 24 SECTION NO: 28 SIGS/SEC: 4 FROM: 1 (' 5,425 ) 644 431 TO: 4 ( 5,428) :Zs/s 3 FROM: 1 ( 5,804 )TO: CITY CLERK'S OFFICE 3 ( 5,806) EVERY PERSON WHO SIGNS THIS PETITION WITH ANY O t rnER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address Date N ➢J!k 1 1I'ATL 1w' !N CV ir' a r _.. ��, -rim-- � 2. ! :.. 2E a- ; �/ eF^T�— �j `ram. �l L. G -e11-4 3. � 5' • -/ -` / I _ 2 / 2 6. �� Z /Up 11)1 ,_,0 1A(G6/ ill7)L it 61VI, 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 or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance,the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. MOW CITY OF RENTON ftsk OF P ID: CITY OF RENTON FIREWORKS CONTROL ORDINA SEGMENT: 17 SECTION NO:. 43228 II FIREWORKS CONTRSE OODNIN0 D ID. 504 � � 1 SIGS/SEC: 4 FROM: 1 ( 9,429 ) TO: SEMENT: 22 5,582 ) J° 4 ( 5,432) SIGS/SEC: 1 FROM: 1 `Q9' 432 504 TO: 1 ( 5,582) RECEIM EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address Date 1.(}\A/CcI` ¢.4eA iv) NiLQI I`t‘nn6 cwis gibS L-364-SI-. 61gc cc 1f2/°S 2. -Treva r to ese 3 e C !'e°�s%' S . 7e'a-CC 7/2-/vS 3M14040dri al/140 G J 2!O(Gt,`llf/yy ,ws 1V•�, 7 'i/t/ fOSy 71zfa�- s. c�(/ �(•�. R 1'c14 \(11 eO1.I 41 v vn 4Aie 5-14, 'iccos er .7A Z-s' 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. • • Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the . revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that • pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. • B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 ORDINAI, ID: 28 CITY OF RENTON SEGMENT: 17 SECTION NO: 433 SIGS/SEC: 4 FROM: 1 ( 5,433 ) NOV 0 1 2005 433 TO: 4 ( 5,436) WARNING RECEIVED CLERK'S OFFICE T EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME; OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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 fi • ::2;10,e/ P i< ,Agee r„. 11641, tie* 3 7Z N tA4 • ( U ' 1‘ `Oo5-67 3J �I a 5. (� 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: • 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs,fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and,for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. M1 Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and•times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day " of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. . It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or.lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29.Severability. If any provision of this ordinance or its application to any person or circumstance is 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: 17 SECTION NO: 434 SEGMENT: 27 SECTION NO: 775 SIGS/SEC: 4 FROM: 1 ( 5,437 ) SIGS/SEC: 6 FROM: I ( 6,307 ) ®V 2005 434 TO: 4 ( 5,440) TO: 6 ( 6,312) 775 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./ �lam •may.. _ a� - - —/., A,L 1 _� � ' jI'ii J � �� ice: :fc,= -- 4'. i 11 .,tl J I� I! !�:.:l__ 1ct, Wy\b , le-- g , rl!,• ' % 05 • • 8. 5'5 9. 4.,4.../je„.&21.1 its 5a- i�'lG�i�a `' 3 f,)/ .-401---12.t' �. /a. iti 7,—y46-us- - 11. 12. 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.tothe revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or;revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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: 17 SECTION NO: 435 SEGMENT: 22 SECTION NO: 503 NOV 0 2005 SIGS/SEC: 4 FROM: 1 ( 5;441 ) SIGS/SEC: 1 FROM: 1 ( 5,581 ) 435 TO: 4 ( 5, ) TO: 1 ( 5,581 ) RECEIVED 503 CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signatt re Printed Name Address Date ingra eciewer- Z32-- 660cmg#4-Ve,cpbc5" 97z-05—• 3 a Flo V t w a kl.1/l,t%1>t//r kwi 2 t Q 1 &N (� Z� i-o� F o.-mod ,_ - 5. / # 34 �(vi A _ 2 . 1�G! s ��/ Qa/� v ( ti ),der3 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions; and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. t M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. • Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 NOV 0 1 2005 SEGMENT: 17 SECTION NO: 436 SIGS/SEC: 4 FROM: 1 ( 5,445 ) To: 4 ( 5,448) WARNING CITY CLERKI S OFFICE 436 EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address 4439co:cm Date 1. iciykrcNNOL. ehth c\s Weh t4\ 315 Wr [IN, (PIO5CL_. -1-5- 05 2.. rya e74 co) -F4Lc /f L/ K)tOZ7`4' QSd,-( '7 -S-d3 3. APT- b qp.rro 4. A01 aac2 i'L`��e�P 3 Dv ��F(�aosa!�� ,fie Re.tTc.J,�� 7- 5. -©5 1 (alma 6. QiGI1 �2 LeaeJ IMO Stuw/ 13I vGf i (/649, ?.S R3— 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. 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. Section 21. Nonprohibited acts—Signal purposes,forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority.The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of The permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 0 1 2005 SEGMENT: 17 SECTION NO: 437 FIREWORKS CONTROL ORDINAI, ID: 28 SIGS/SEC: 4 FROM: 1 ( 5,449.) SEGMENT: 22 SECTION NO: 502 ECEIVED TO: 4 ( 5,452) SIGS/SEC: 1 FROM: 1 ( 5,580 ) .ERK'S OFFICE 437TO: 1 502 ( 5,580) EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHI/NGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address Date •1 � N�AEA � aVe gv05a 4—2 -05 S 1C�1 2. 3. 4. 6. 7. 8. 9. 10. �!,i;t )S --- t a-3e2-7 S 14 r}F kvz- 4((br 1\3 E zc 14"P l 9 2c c9 7 I z to 3 11. 12. 13. 14. 15. � C r S C. ; icu nc, y 31 i vie-= s'A s i- coos-7 7 I) aS 16. 17. 18. 19. o20. ef G lave' , / l /9✓G%�'� -- Zst—_---1°° 715-4-2' "/ I 7/z/ 5 FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 • Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television,theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs,fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. ✓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. yT ' r a' CITY OF RENTON c+ OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: FIREWORKS CONTROL ORDINAI, ID: 28 SEGMENT: 28 SEGMENT: 17 SECTION NO: 438 23 SECTION NO: 577 NOV O 1 ZOOS SIGS/SEC: 4 FROM: I ( 5,453 ) SIGS/SEC: 2 FROM: 1 ( 5,663 ) 438 TO: 4 ( 5,456) 577 • TO: 2 ( 5,664) CITY CLERK E EOFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of • Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Sig ure Printed Name Address Date r ►,1� -I1 - Lam. • - ` A _-kit •1 . b �i_ :I ftgrirli -101W \- 4� Si.9rS, } - `W // rr/,t/ id Aj aie AV E. 7%i 5: J ���-r N L��/ -�0 6. KO �2v��� Ut .r ckEr— 6/3//1/r Z 3`-tifi 9. 10. • 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 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. C CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINA CITY OF RENTON P ID: 28 FIREWOMEN :RKS CONTROE OONINO:P ID 699 SEGMENT: 17 SECTION NO: 439 SEGT 25 ( 5,971 ) NOV. 0 1 2005 SIGSISEC: 4 FROM: 1 ( 5'457 ) SIGSISEC: 4 FROM: 1 TO: 4 ( 5,974) TO: 4 ( 5,460) 699 - - RECEIVED 439 - - 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 RE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth . of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature 'rinted Name Address Date war 467 HAMEIMWINSU 2. ice; I,L lr - LNG 4. Lt 4- ° 5. 07 he I Ci ' -ISloS 6. IS i t1 eet4o1 974 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. LJ CITY OF RENTON FIREWORKS CONTROL ORDINAI, ID: 28 CITY OF RENTON OF RENTON SEGMENT: 17 SECTION NO: 440 FIREWORKS CONTROL ORDINAI, ID: 28 '{ SIGS/SEC: 4 FROM: 1 ( SIGS/SEC: 1 FROM: 1 ( 5,579 ) 5,461.) SEGMENT: 22 SECTION NO: 501 NOV O 440 TO: 4 ( 5,464) 2005 501 TO: 1 ( 5,579) RECEIVED Li I I'CLERKS OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- . five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. • Si nature inted Name Address Date 1 Ai6it PIKA,CAVelaii-E-VaW �l� . 2. 3. \ CIA14 'u 11A) C I� e m �, 2 ilk J �3 �L W h- �oS` ? s 4.'—'4c sv•1 kire 6 565 0 i z 5. ,,pp -lrl-ae mi- Foci-y—/S7DZ--,Zoe-L oeuw_sg5" o 7 5 as 7. 8. z/z; /.hrdiu,62 `/E- / 6iJ ; P bG(P �d09 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. " w ' ► Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 �c SEGMENT: 18 SECTION NO: 441 SEGMENT: 24 SECTION NO: 643 l�Q f� �a� SIGS/SEC: 3 FROM: 1 ( 5,465 ) SIGS/SEC: 3 FROM: 1 ( 5,801 ) RECEIVED 441 TO: 3 ( 5,467) 643 TO: 3 ( 5,803) CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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 m ttcm. '3" 15-2 _pLcE - I vee 5. " �' f Y SV.� C d .( 6. ; ti _ 's'�r s 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. 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. 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. 'Y OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28. FIREWORKS CONTROL ORDINAL ID: 28 NO V 01 2005 SEGMENT: 18 SECTION NO: 442 SEGMENT: 24 SECTION NO: 642 ' SIGS/SEC: 3 FROM: 1 ( 5,468 ) SIGS/SEC: 3 FROM: 1 ( 5,798 ) 442 TO: 3 ( 5,470) 642 TO: 3 ( 5,800) OI'CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of - Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name 1 Address RtrAml�A ggo5 Date v. /16465 2. 4. 5. 1-15A Gri QA 435 1t ¶' ?I 2eld' Gl s s 1.5-as 7. 8. 1 9,4 jp^ 41111 S'fephamc 61600 1Ou1 NC 2340 PL q6 5105 9. 1 P ArkFliw..1714/ 44 ISPOPIldji:., „ 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. "Firewo_rks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5.Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7, Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of The permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 • NOVq FIREWORKS CONTROL MINN'ONN ID: 442 r l� ® tl 2®Q5 • SEGMENT: 18 SIGS/SEC: 3 FROM: 1 ( 5,471.) RECEIVED TO: 3 ( 5,473) WARNING .CITY CLERK'S OFFICE 443 EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: • We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and-to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY 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 edN aamte) Address Date h 1. ..- 5Irn �` � �' P Ali n-; Zr i7/3-0/oi 2. N be Jobe Co r A)C S` ` (+31cx,~ 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. • M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs,fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of $500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes,forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or .other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON MY OF RENTON v FIREWORKS CONTROL ORDINAR ID: 28 SEGMENT: 18 SECTION NO: 444 NOVO SIGS/SEC: 3 FROM: 1 ( 5,474 ) N1 2005 444 TO: 3 ( 5,476) WARNING RECEIVED Cn CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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 . . ,, e 1 s QQpa city_z_ 1�Nci eF s o,,,, / ( A) �� -20 �'/5--ems. 2 j ,'� A. if . ,.44. AO Ital .S, S$oKI 18156( rgvol .�,,.P sE (I s -I -COS c,. 4. _1_ � rmiAA,16 47a? t'e-N&-C, 'A-1Csf &I a.✓ t 00 ss' a--t5—G 6. 7. 8. 9. . 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television,theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW,to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, 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 CITY OF RENTON CITY OF RENTONS CONTROL ORDINAI' ID: 28 FIREWORKS CONTROL ORDINAL ID: 28 CITY OF RENTON F SEGMENT: 18 SECTION NO: 445 •• SEGMENT: 23 SECTION NO: 576 SIGS/SEC: 3 FROM: 1 ( 5,477 ) SIGS/SEC: 2 FROM: 1 (2 ( ,661 ) 5662) G OV 01 ®�� TO: 3 ( 5,479) 576 RECEIVED 445 - - - . CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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 154 iec2 vi k P `3C Z ,� - t 54 ff 2a 7 3/05 G e e,c l�1 alma cc: 7/ .3/ cS 5. 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 issuedunless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. • E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. q�. Section 29. Severability. If any provision of this ordinance or its application to any person 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 FIREWORKS CONTROL.ORDINA' ID: 28 , CITY OF RENTON SEGMENT: 18 SECTION NO: 446 NOVSIGS/SEC: 3 FROM: 1 ( 5,480 ) ,.no :,.... r„ N 0 1 2005 TO: 3 ( 5,482) ' 446 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.ADO. it 13( . OWL' O - �2o r 4 c - c'(_(( .� 2. %, /P. n j 6 ✓12)Jv7 3s 111 ,l. ', t tifal/ 9-.0 U- -- /l LL— r/ J,Pctc5G 1 , DO 4 S'ca: 1 / 5. 6. 7. 8. 9. 10. 11. 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 any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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: 18 SECTION NO: 447 FIREWORKS CONTROL ORDINAP ID: 28 p�' `' SIGS/SEC: 3 FROM: 1 ( 5,483 ) SEGMENT: 23 SECTION NO: 575 N�V 0 1 2005 TO: 3 ( 5,485) SIGS/SEC: 2 FROM: 1 ( 5,659 ) 447 RECEIVED 575 TO: 2 ( 5,660) CI r•{CLERK'S EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OROFFICE HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Sign tune Printed Name Address Date 1 _ _ 1 3. -51 , ,K ,Cd �U a cf • /2 //1._._. . 4. R-�j �2 V ,d.D® , „, -S5 ��=s(., ��- l�, `4, /� s 5.j g' r , , � - c,n d r6, By d wn 3 7O� rv.E cl'"F�'t c.� 7 _ z S -oi_ 6. 7. 8. 9. 10. 11. 12. 13. • 14. 15. 16. 17. • 18. 19. 10. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the • terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. • M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas . when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. • Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this:ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. • B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. • ro CITY OF RENTON CITY OF RENTON IITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAL ID: 28 SEGMENT: 18 SECTION NO: 448. SEGMENT: 24 SECTION NO: 641 MOV 0 1 2005 SIGS/SEC: 3 FROM: 1 ( 5,486 ) SIGS/SEC: 3 FROM: 1 ( 5,795 ) TO: 3 ( 5,488) TO: 3 RECEIVED 448 641 ( 5,797)-AV(CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We,the undersigned registered vote>°s.of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address Date /� /:C�:�--�1�t1 . . �U {3'-` -r4at;�� r 2. Lr!LC-..'tA' ll',,07'l //''7 .igtP.i2?/i2 2,741>p• I • q ANIMMIT4=0" 11.111111nW f • A iJ 6. • �_ i )ç /OK Lk ��� • ) � 7/22 7. i �• L G��=/ T P/'`I.`� 8. S�ie�•r�G� TR 4I& .SA& tc,L..,�T Z4Ve 5 ��n'to4 --/r1,3%5 G 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 anything or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs,fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. 'Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. z Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of The permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. ' Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. • Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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: 18 SECTION NO: 449 FIREWORKS CONTROL ORDINAL ID: 28 SIGS/SEC: 3 FROM: 1 ( 5,489 ) SEGMENT: 23 SECTION NO: 574 N®,figtl 0 1 2005 TO: 3 ( 5,491) SIGS/SEC: 2 FROM: 1 ( 5,657 ) YJ 449 574 TO: 2 ( 5,658) 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 rDvo E11z-o C Wt-r -y_ r .( Q \ f 2.`r1�'l.- .a-A' , —C-tn—-a 411-A --?- 1 : / 3. (1i/M cis./ALL `"1 2. :, 64 l•' d r r ( _,,, 4. '.' y '5.J G-Ai uL 2 5 G .-z_1 Re.. .. 5-c,5 ,t n 5.i 7 — S cc1 ( oc ,c, C-)LP --•--..-11A/\1) Ca- PLNI W 9Ak.,(F7--6-\4,‘ 7 p,,f tit i (-' 1—oR l e. CZi v-(A frvk 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. e Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation.When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to,any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON cm OF RENTON FIREWORKS CONTROL ORDINAP ID: CITY OF RENTON SEGMENT: 18 SECTION NO: 28 FIREWORKS CONTROL ORDINAL ID: 28 NOV 0 1 2005 450 SEGMENT: 22 SECTION NO: SIGS/SEC: 3 FROM: 1 ( 5,492.) SIGS/SEC: 1 500 3 450 TO: FROM: 1 ( 5,578 ) RECEIVED ( 5,494) 500 To: CLERK'S OFFICE 1 ( 5,578) EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE'STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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. l<EVE.I%i Lee. Z420 C,Arde► CotAk I'J, eitv-56 �.- 2,NA kk) MM s3 4 )() tS nth St c(zo5,5 • L9- � ca 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and,for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions,theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging.' B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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: 18 SECTION NO: 451 SIGS/SEC: 3 FROM: 1 ( 5,495 ) N O tl U 1 2005 451 TO: 3 ( 5,497) 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 ZONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of,: Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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. 9)14 • \ )101/ C-34fn•OnJ L E- eyl —i/ J 2. • GUl \ k9yu a44 3. ► 4. '4--11t 5. 6. • 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. • 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE . Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 , Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive.materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a. wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association; concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs,fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. • Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of • the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks'in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON C1TY OF RENTON FIREW.ORKS'CONTROL ORDINAP ID: 28 SEGMENT: 18 SECTION NO: 452 �y SIDS/SEC: 3 FROM: 1 ( 5,498 ) U�®V 2005 TO: 3 ( 5,500) 452 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 2. Ina ��0 vct+m5 / e"- . ,,,5 /14/ - 3! Soo � �c Jt� �- 7--c5 /�fiC�'ii�0� YYflXlcc C�rsc� csd��� 1'l, 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE • Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. . 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, .deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce. audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as alicensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit=Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. • Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when 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 W SEGMENT: 18 SECTION NO: 453 FIREWORKS CONTROL ORDINAP ID: 28 NOV SIGS/SEC: 3 FROM: 1 ( 5,501 ) SEGMENT: 22 SECTION NO: 499 61 2005 TO: 3 ( 5,503) SIGS/SEC: 1 FROM: 1 ( 5,577 ) RECEIVED 453 499 TO: 1 ( 5,577) CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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 MMr ^sac 4----.7t7lac me l� Jn cld)- I alftias4- 2. Ar 3. 10 i,S . 1A tit - yea 2 A/'E /-D sr• — ciSa 5 7-2..� 5. 6. 7. 8. 9. 10.p `. a®L 202i de-- Z03 Ala /3 9Iso5- 11. 12. 13. 14. 15. tOC®zi `-k�3d562 16. .-21Aletreez. tiOIAMCTITTUQ.1-_ 24LA KID NI, 2:-05 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television,theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. n • M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. • Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 ORDINM ID: 28 N0 1 2005 • SEGMENT: 18 SECTION NO: 454 SIGS/SEC: 3 FROM: 1 ( 5,504 ) RECEIVED . 454 To 3 ( 5,5os> 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 7 a cyst•..:. .-.w._. -- "'.'_�..r:.. -- . ur' -':._':c_ r._.,.r >..__�r�,':..ts-as_ a.u�v.,-1r,.s.s.c..ev�.^^"'"';.` 3 1 ti/.s..hli, i Aviveikd%ii. * y elt.us,, 1/ 64-4;,l6-, ; ill CRa 6, l-1.4-ey — 4. A ,rig to -, � 4-' wr—�ftK./t/4 ,23° .ivE A/ -s/- 9gc95& 7-9-65 4/0/ , / / *A-fr ///� la-Q-. r:/G 6_ ego s - 1-'��5 8. _ ' ,yewC,,,, A Ya:r ..`TV i-:n-='ne.-f2 ..._:7.r -�a� --5.-'3''.707J C "f� 7I L `V A - .-- _ - - -j." '''---- ' ' 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. 1 \ CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 18 SECTION NO: 455 SEGMENT: 25 SECTION NO: 698 NOV 0 1 2005 SIGS/SEC: 3 FROM: 1 ( 5,507 ) SIGS/SEC: 4 FROM: 1 ( 5,967 ) 455 TO: 3 ( 5,509) 698 TO: 4 ( 5,970), 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. tot jet 2 v- "n 7 5c' 1/.6 s 3. ) \ IAA c ,.. t etA 303 N4' 6 C V 7? Jp.rOS � 6_,)/ - 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 or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 ORDINM 'ID: '28 1 SEGMENT: 18 SECTION NO: 456 ! CITY.OF RENTON SIGS/SEC: 3 FROM: 1 ( 5,510 ) 456 TO: 3 ( 5,512) WARNING N O V u 1 2005 RECEIVED EVERY PERSON'WHO SIGNS THIS PETITION.WITH ANY OTHEI IRg8MR TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, QR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT,SHALL.BE GUILTY'OF ' A'MISDEMEANOR. ' INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF • RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington,propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton.` This measure'repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. . - We petition to Council to enact said measure.as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 bf the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. • Signature Printed Name Address Date 1. <,P /W 4 /'j $ 7=5/..--ef?c )4(146A ,747ane er- ,c7V-57` 3. Vv:iN - r a 1n t 5-(so 5. 8. n u. 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. b Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. A Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use•of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the • ordinance or the application of the provision to other persons or circumstances is not affected. • CITY OF RENTON CITY OF RENTON - FIREWORKS CONTROL•ORDINAP ID: 28 CITY OF RENTON SEGMENT: 18 SECTION NO: 457 FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 2005 SIGS/SEC: 3 FROM: 1. ( 5;513 ) SEGMENT: 23 SECTION NO: 457 TO: 3 ( 5,515) SIGS/SEC: 2 FROM: 1 ( 5,655753) RECEIVED 573 TO: 2 CIS'CLERKRECEI'S OFFICE ( 5,656) EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. G� j/ Signa -e Printed Name Al dress at 3. -Zip— i��' ` ft s C .+ /_%T �`�'lMI.T�L�fn o. (CL�/L .. .YO�' ./, ;rf �-�j� s7f — c 6�j1 6. 7. 8. • 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator' includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler,to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial'risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 ORDINAF ID: .28 SEGMENT: 18 SECTION NO: 458 N O V 01 2005 SIGS/SEC: 3 FROM: 1 ( 5,516 ) 458 TO: s WARNING RECEIVED ( 5,518) CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address g Date 1.// /,,'yl,`ut' c G]�/� (/ cy l ��4 f/� L� Sf F 247 7-3 `d S� 2. . c-1/�2�`t-- /1.� -SG v/l/'z-A-r r.�►., (//}- 'lo 77 2--O 3. " e/L1572c,-c_e� V -72c� J (16 tGjy v 0 Vet�.at'tP1i2� PANG Wadi '7-2_U�. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. A 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 ORDINAP ID: 28 SEGMENT: _ 18 SECTION NO: 459 NOV 01 2005 SIGS/SEC: 3 FROM: 1 ( 5,519 ) • �q 459 TO: 3 ( 5,521) 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 01/� hI((5y y Grl4ert ,/0I5OJ 56c/zeta/I 7 1 65 2. ) wtiac, sCCA 35� 1a gDCK 7-3--G‹ 3. p.-�,' I P/(,Q, 0 r c.v.�1 h�tC. C�z�mUAkt 1Clef( A-•ArAs,-)C-V2.s fie 'I' C q "I/7-(0,6 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. • 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person,under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. • M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when 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 28 CITY OF RENTON FIREWORKS CONTROL ORDINM ID: 28 FIREWORKS CONTROL ORDINA. ID' 818 w SEGMENT: 18 SECTION NO: 460 SEGMENT: 28 SECTION NO: FROM: 1 ( 6,565 ) • NOV 0 1 2005 SIGS/SEC: 3 FROM: 1 ( 5;522 ) SIGS/SEC: 7 TO. 7 ( 6,571) 460 TO: 3 ( 5,524) 818 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 d )1‘,---1/ ne*-4-hle 3,,, t,I 3 5-0,--5 7-Ai o d i D___________._1._ _____ _1 rp___4 5__,a s 7.,- ,= o k_i / . /.=,"i) c-- I r -�lr �•rlr�'yr,�/i�LI1��1�64 ii�•H / - •�.' :riri,_______ ��a`i� -ar...�. S - - :� �5� �-• a__ fA ..�- .! A,I f 1 I. • _ .,: • 1 • 4 -'►'a - o• - -'I _ 2 1, bt 117 -FL_ • 7 • --9, / ^ . . vargi.:6-gulatvm.wirtiat ii— - - ' -,icre, a, ILIA .•i r� I ♦Prg 1 1 i,�/� 1i11 I l� t •,rG �• _i 1 ,rs_5 �1119:4► Iikellh111. "iv rr cal! ,A►��G Ciliu�i�193 / i'. r v j I� % a "• 6. / ) 2.1-07S l .tJ O 3 ' - roe, 7l34 5. 7�= , r —,�.1<?1WAs -I/61 � �p. a a� _x- r•„ 3,/$ i :. ViviliVA Ali ili,�i.��i li `'� ` bl or r ',-- -1.q 9 '- 6 �3 ARM 9 li 1 1M1101114MINNERNI11,..," 0 liti I. ° 'V 61, an •-, °.; 4 CI15°,5 juK .. ii<as _•'2t. 's*r�'�mr, _ 3a-_ o p,v -- 11. / c,At; egi144-5"--- A-4mA_ e. *pi/04AI --1 frac affe..-1-5,A)gc.- .7-11-'C 12. 13. X14. 5. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainmentmedia. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. • Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. • Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 CONTROL ORDINAP ID: 28 SEGMENT: 18 SECTION NO: 461 SIGS/SEC: 3 FROM: 1 ( 5,525 ) NOV 0 1 2005 461 TO: 3 ( 5,527) WARNING D ,CITY CI, RK 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 to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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 1 ofi s. - 0S 2. /3ri r 2411 "e_ 42, 5E- 9 o r 7/g/drj 3 ��Z I' e i - 4. 5. 6. 7. 8. 9. . 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. • FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture,or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct; delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. . M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. 0 Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. • ./ Section 21. Nonprohibited acts—Signal purposes, forest protection: This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation (Attie prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 CITY ®E RENTON SEGMENT: 18 SECTION NO: 462 SEGMENT: 24 SECTION NO: 640 SIGS/SEC: 3 FROM: 1 ( 5,528 ) SIGS/SEC: 3 FROM: 1 ( 5,792 ) NOV 01 2005 TO: 3 ( 5,530) 640 TO: 3 ( 5,794) 462 RECEIVED Ct'T'Y CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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. �� ®v�� 2s =`iL 918v✓ 7//1k/ 2. tel: oprucx,, Qzi M I sSSt 9 i'd51— 7 L /oS� ,., 6. in - IV f(-'WagI R6EQ C q/ i?e,1141onaL AuctuE 98o c c 71 it l os 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 protecton, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 1 2005 SEGMENT: 18 SECTION NO: 463 SIGS/SEC: 3 FROM: 1 ( 5,531 ) ' RECEIVED 463 TO: 3 ( 5,533) 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. Signatur /' Printed Name Address Date 1..._.:-__ / < .,ei, - 6(7' Air- //0:1 0 - 08- CC 2. -. z/_'� 4((�ce-4-6,a,6 1 �O 6 �1�Z' ,'"� � Co 0 3. e() /610U,2 3S00 �1 E 54, 41/q/0 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. • 6, FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of. explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. . M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs,fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. `Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00.p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this . ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. - Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to.obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or,more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. c CITY OF RENTON CITY OF RENTON CITY OF RENTON �Q FIREWORKS CONTROL ORDINAP ID: 28 NOV 0 2005 SEGMENT: 19 SECTION NO: 464 FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 23 SECTION NO: 572 SIGS/SEC: 2 FROM: 1 ( 5,534 ) SIGS/SEC: 2 FROM: 1 ( 5,653 ) fY C ERK'7 OFFICE 464 TO: 2 ( 5,535) 572 TO: 2 ( 5,654) EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance - concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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-'2,-,94-4...— . _E e P,c,vt, 3g06-3" :.Z- ---2 �,n , 1z I fi5 -31' 1 � ? 7 2 s 3.; r 61�---- r0/1/1 y la, F/,f ig/ Apo 4b Ye21 7 ---or r - �V• _ 4 - - � ` . . 5. 6. 7. 8. 9. 10. 11. 12. • 13. 14. 15. 16. 17. 18. 19. \20` FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes,forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours;of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or'against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit.A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent -adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. - - - CITY OF RENTON CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 NO V 0 2005 SEGMENT: 19 SECTION NO: 465 SEGMENT: 35 SECTION NO: SIGS/SEC: 2 FROM: 1 ( 5,536 ) : SIGS/SEC: 18 FROM: 1 95 959 465 TO: 2 ( 5,537) 889 TO: 18 ( 7,212) �iTY C ERKI S RECEVEOFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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 4. Printed Name Address Date C it)& _2_4_1,r,i4-1„ , 1,.z,----4-et-----1-a4-0.—ii-1-------. 1 . 7./. 1,-/-4,1 's__1.—. "� L f T 4. VAS cj 5. WAS 0t� A.) 113-5 D--c e_ 1an,L5 Nye9~ Ft)5 c 7.-, - -- �. ti � '�- � \..-,,v,,\ t- Kktrr---thAA-A----\---4-pt-44-ti 79, -7---- '• - - '-i—Z-.-—--A ''' - \ 146- -- -V,411 _ - .�v 1.� ' t-. ,+ � - - - '• ..r , 1 _ z_i h .sue-. Y G..- J —+ (J�. "6—— -(r U � a T`T —1.6 - - -J `" - -1-7. r 1 6-c-- .L "'I I�CP L--.milt.-- _ 1 i� — = G— -em s 5 � �� s � . ; l ,� H) I7(6SJ t(.t AVi- sC, 1I �'/JS `, ,u -., ��1 p FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 • Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce • audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning • independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose— Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. oupervision of public displays. ,iic display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire ;.`pursuant to Chapter 70.77 RCW. fin 9. Permit authorizes activities of sellers, representatives and employees. 1 'authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, rthorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. • Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 ORDIIVAP ID: 28 FIREWORKS CONTRSECTION INO:r ID 639 N O V 0 1 2005 SEGMENT: 19 28 SECTION NO: 466 . SEGMENT: 24 FROM: 1 ( 5,789 ) SIGS/SEC: 2 FROM: 1 ( 5,538 ) SIGS/SEC: 3 TO: 3 ( 5,791 ) RECEIVED To: 2 ( 5,539) 639 CITY CLERK'S OFFICE 466 EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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. 05 3. L i46/ s'4-- J /V7 . #4_41 _{ c565[7 Par.. 7/l f/S•,or L�� k c 11 ✓V «I/t 1 6. �11�j� Z tr111k(CeN(�`-10, \otOO( dJ HQ 2> 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. 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: 19 SECTION NO: 467 SEGMENT: 24 SECTION NO: 638 •p�l{�`1 0 1 2005 SIGS/SEC: 2 FROM: 1 ( 5,540 ) SIGS/SEC: 3 FROM: 1 ( 5,786 ) IM4199 467 TO: 2. ( . 5,541 ) 638 TO: 3 ( 5,788) 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 ►yamr? v IC5 ARE - J Z P' - -_- = - S�8 4. D SG tiZtr S • L All 6. - tip? S W h1'4War+h LYV 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. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 ROW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. - CITY OF RENTON CITY OF RENTON OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAI, ID: 28 nn SEGMENT: 19 SECTION NO: 468 SEGMENT: 22 SECTION NO: 498 )V U 1 2005 SIGS/SEC: 2 FROM: 1 ( 5,542 ) SIGS/SEC: 1 FROM: 1 ( 5,576 ) 468 TO: 2 ( 5,543) 498 TO: 1 ( 5,576) RECEIVED CLERKS OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. - We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed Name Address Date 1, e H vt 6111.— tscD sub L\-6 5 An 3600 k S.<1 — ^off S 5. 6. • 7. 8. 9. 10. 11. • 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes,forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the • effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. • Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. • Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued underthe provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 ORDIN : 497 ID: 28 SEGMENT: 19 SECTION NO: 469 SEGMENT: 22 SECTION NO: loV o 00C SIGS/SEC: 2 FROM: 1 ( 5,544 ) SIGSISEC: 1 FROM: 1 ( 5,575 )i'Y OF RENTON TO: 1 ( 5'575) RECEIVED • 469 TO: 2 ( 5,545) 497 - - - -CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Printed (Name Address, I `_ I Date 1. r� 2,/,C.c%� vr�� )`\qr` �o,,f)/'IR4'1 I 1 I? V q5�\�1 G�lv - 7/I)/05 e 2. ����,vl �/^I.P l �/ I S F_ ra,'r �99a l31 fa /i�)/05 . . -1�I a3/ ".--/a_ x,_ _ tJ�ir ►ur�t _ Aso— 9.4:•. rLi�w�tII �1eIfi`LPl�—lii 4.5. 6. 7. 8. • 9. - . 10. 11. 12. 13. 14. 15. 16. 17. • 18. 19. 20. ' FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. ' 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. • M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article • or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of.Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: • A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the,applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which.the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report,on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77: Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit-Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m, on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and-a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after.;the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of.the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid. identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. - . Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. ' , ', Section 22. Revocation or suspension of permit. ;;' A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions-of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: . 1. Violated any of the provisions of this ordinance; or \ 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or • 3. Failed to obtain or has had suspended or revoked any license required by the:state of Washington to engage in any • act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed.. B. Effective Date of Revocation. When the fire chief determines that there is cause•for revoking or suspending any permit,' issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the ' grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the,City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. • It is unlawful for any person to discharge or to use fireworks in.a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age.. It is-unlawful for any person under.the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. - The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or ref usal,of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. . Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than.one pound,exclusive of external.packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing_one pound or more, exclusive of external • packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. • • D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this'ordinance. . Section 27. Violation a separate, continuing,offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Constructio,n. This ordinance shall Pe eo gstrued consistent with the provisions of Chapter 70.77 RCW. Section 29. Severabilhy� `�;, If any provision of this�s finance•or its application to any person or circumstance is held invalid, the remainder'of the ,ordinance or the licatibn'•o4herprovision to other persons or circumstances is not affected. V'i A, , • ` 1 tee,. . \ N \`,. ' CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAL ID: 28 SEGMENT: 19 SECTION NO: 470 NOV U 1 2005 SIGS/SEC: 2 FROM: 1 ( 5,546 ) RECEIVED 470 TO: 2 ( 5,547) 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`ae ,, area i— /4 ° s-e.,J 9 /7 2.r---- eYzvAl-L- C 1 5 4. . . Y N. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes,forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive'materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Article's pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which arelnot labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Publicidisplay of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance; to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director offire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit's' means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. • M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, 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 a. Supervision of public displays. 1 Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or Iischarge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 1r3. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks 'shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief Or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW: •Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 STY OF RENTON FIREWORKS CONTROL ORDINAI' ID: 28 SEGMENT: 22 SECTION NO: 492 SEGMENT: 19 SECTION NO: 471 SIGS/SEC: 1 FROM: 1 ( 5,570 ) NO V 0 1. �005 SIGS/SEC: 2 FROM: 1 ( 5,548 ) ''' 492 TO: 1 ( 5,570) 471 TO: 2 ( 5,549) . WARNING CITY RECEIVED OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Sign ture Printed Name Address -67,5.-spate �_ V ie . ach 311 J< c-�< i c��71 a5 •4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. • M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs,fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. 'Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and,for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than$500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. 4a Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. • • Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the.City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 AL' ID: 28 SEGMENT: 19 SECTION NO: 472 SECORTIODINN NO: 866 SEGMENT: 31 SIGS/SEC: 2 FROM: 1 ( 5,550 ) SIGSISEC: 10 FROM: 1 ( 6,942 ) NOV o 1 2005 472 TO: 2 ( 5,551 ) TO: 10 ( 6,951) - - - 866 -- - 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 4v2-1, • _ •• 3 ti._� �L�f ltN- 1�fH1 f3�►'�( 5/-E r/ - �'toz5rj ----LDIl_9 c • 9. — _ /rTlf 11. i , t wa rzi - 13. feif{? -A544 d/ed ifiyzW4 AvA, ikike 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 • NOV 0 1 2005 SEGMENT: 1g SECTION NO: 473 SEGMENT: 22 SECTION NO: 496 SIGS/SEC: 2 FROM: 1 ( 5,552 ) SIGS/SEC: 1 FROM: 1 ( 5,574 ) RECEIVED 473 TO: 2 ( 5,553) 496 TO: 1 ( 5,574) CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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 �LJ••1• 1C1I1•A.II41 'c/�O—2. iei-f Ci itovemh L c'A-r-4,c 1 k I�1� t� Js --7If -�`C 3. 01.20t4 I�l n, P I1 ) 310.14 ISLE, 7 - 34 7-5-6 S 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs,fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than$500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler,to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. a Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the • grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 SEGMENT: 19 SECTION NO: 474 NOV 0 1 2005 SIGS/SEC: 2 FROM: 1 ( 5,554 ) 474 TO: 2 ( 5,555) 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 (t 0 U�� Date ).)•,)-/-Jek � - • } ouA Al s 2 ` 3��Wsro�s AO4 S �'orrjuK ' r 2 '��,u2 I'f/s/q Co liatodol'ed ray/or PiSi4/ 2/1 g2.yr 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. • 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs,fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and,for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, 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 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 19 SECTION NO: 475 NOVSIGS/SEC: 2 FROM: 1 ( 5,556 ) N 0 1 2005 475 TO: 2 ( 5,557) WARNING �y RECEIVED EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAT' 'ffI FI ICE TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Si nature Printed Name Address Date 0 CO p 2, r `1.-- 3 6 , 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500.and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW.T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol,through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. • Section 21. Nonprohibited acts—Signal purposes,forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority.The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of ' the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON ID: 47628 CITY OF RENTON FIREWORKS CONTROL ORDINATIONNOD . SEC : 5,558 ) NOV 0 1 2005 SEGMENT: 20 FROM: 1 SIGSISEC: 1 TO: 1 ( 5,558) WARNING RECEIVED 476 CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington'defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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 t/ uv 1 „Bonnie LcA-u n 31fP Si- 9 tbSto 04 7719c 2. 3. 4.' 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer.Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business,offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. e Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in conriectipn with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination orrfor use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The firechief may at any the suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or::revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued;under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. .It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 NOV O 1 ZOOS SECTION NO: 477 SEGMENT: 20 5,559 ) SIGS/SEC: 1 FROM: 1 ( To: 1 ( 5,559) WARNING C. RECEIVED ITY CLERK'S LERK S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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."91‘.(bA7 60 l Paic:r it/St(- / /® og' 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes,forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks"means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum,the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales'commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. _ Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when 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 A' SEGMENT: 20 SECTION NO: 478 NO V 0 1 ZOOS SIGSISEC: 1 FROM: 1 ( 5,560 ) TO: 1 ( 5,560) WARNING RECEIVED 478 CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE 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 ure Printed Name Address t.OS(P Date 1. 1°/(1% Lee. ` O1 N>✓LI+h St. G 101 1 121 2 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. • 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. • M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs,fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. 'Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than$500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006,from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler,to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when 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. �D 28 CITY OF RENTON CITY OF RENT pNTROL OROINAr 571 OF REri1 FIREWORKS CONTROL ORDINAI, ID: 28 FIREWORK 2 sect5651 1 SEGMENT: 20 SECTION NO: 479 SEGMENT' 2 FROM 2 (( 5,652) nos SIGS/SEC: 1 FROM: 1 ( 5,561 ) SIGSISEC'• - - N�V 0 TO. 479 TO: I ( 5,561 ) 571 RECEIVE CrTY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. n • Signat re Printed Name Address Dam' ' - ��"ff /ci �41=itt4 tee-- `S 'eli - ( �.1 _ ( _ ..":c.-7'✓:_...1w-iCaa Y t..a�.'_..'�..a}-..a_ r..._nlya-.t -.av ..^r.T<.aa ...... a...._rt"". asp--.w.r. a.-..,w...n..w...-ar...-...vM.-.--•�—.� i�\/v./ ,�A-_� _'C�'--� �o�cPH A'l �•i sHrezi '222cEen+So..,--g-p•S. GG-zoz_ Tt�+-rnn� �.J�. 913,-,5-5- 7/ 11./ f ��p 1pp "_ _ "n'J� _ n-. 4.44E . _ ` r . ..2 .�ISr4! .. _... . - _ � � 77 � F_. _ -� — - r 6. PifiC 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. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit.The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the - revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: • A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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: 22 SECTION NO: 495 SEGMENT: 20 SECTION NO: 480 jN O V 0 005 SIGS/SEC: 1 FROM: 1 ( 5,573 ) SIGSISEG: 1 FROM 1 ( 5,552 ) TO: 1 ( 5,573) TO: 1 ( 5,562) 495 RECEIVED 480 - 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 SUBMISSIQN TQ THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters.of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the-City of Renton.to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve.. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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.see 17if tv".�?‘ .0/0a l q Ps-6 3. 4. 5. 6. 7. 8. 9. 10. 11'. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE • Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. • • M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. 'Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. • The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. • Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00-p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions,theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. a Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. • Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. • CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 - - SEGMENT: 20 SECTION NO: 481 . CITY OF RENTON NOV 01 2005 SIGS/SEC: 1 FROM: 1 ( 5,563 ) FIREWORKS CONTROL ORONINO:P ID: 570 T0:' 1 ( 5,563) SEGMENT: 23 5,649 ) 481 FROM: 1 ( RECEIVED SIGSISEC: 2 ro: 2 ( 5,s5o) CITY CLERK'S OFFICE 570 - EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth • of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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 azt , -31 ?e, — _ c, (÷4,0 . crC v V 6. • 7. • 8. 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 ORDINAP ID: 28 CITY OFORK RENT 482 FIREW SECTION No: g57 NOV 0 1 2005 SECTION NO: S CONTROL ION N . ID: SEGMENT: 20 SEGMENT: 30 ( 6,861 ) SIGS/SEC: 1 FROM: 1 ( 5,564 ) FROM: 1 RECEIVED To: 1 ( 5,564) SIGSISEC: TO: 9 ( 6,869) CITY CLERK'S OFFICE 482 857 9 EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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 /' P A , • —A 11"44Mit ----r0 --j-/-14xyieltir-AV— - ----4--2-y--.a--- -57-'-r-4- - -?_-,---- -- pr 4.- 7. �► I r `�1 -,O 1 __ - t , �l�s� .`t4_vo-ot aV,�;(-1 f . —` �_� V- 1 l 9. ¶f\6i3 f'e,14 AvooAvisA-vt S . 7- 3 05 1-1 7 'c/,-21��-,-e", ki�lyr7::gYv C1?*4 6) Ste:7CM/;eTa4&76,----- ---- 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 arty of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. . Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITYCI OF RENTON OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 • SEGMENT: 20 SECTION NO: 483 SEGMENT: 25 SECTION NO: 697 NO V 0 1 2005 SIGS/SEC: 1 FROM: 1 ( 5,565 ) SIGS/SEC: 4 FROM: 1 ( 5,963 ) 483 TO: 1 ( 5,565) TO: 4 ( 5,966) , RECEIVED 697 CIT11'CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of.the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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. 3. 6. 7. 8. 9. € , / Q ll. 12. 13. 14. 15494,4- li ecG�� : �o T� 3/0 3 .ie?. 51- 7 056 7-2-05 16. 17. 18. 19. ., 1 yeo.5I FIREWORKS CONTROL ORDINANCE Section I:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs,fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m._until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler,to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. - Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of-motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without-a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of:the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of ' appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. • The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that 'pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person 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 SEGMENT: 20 SECTION NO: 484 SIGS/SEC: 1 FROM: 1 ( 5,566 ) NOV 0 1 2005 484 TO: 1• ( 5,566) RECEIVED 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. Signature Printed Name Address Date �l / 2. .�Gr r� 7 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public.displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes,forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 ' Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by, Chapter 70.77 RCW. - M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and,for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of`the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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: 20 SECTION NO: 485 SIGS/SEC: 1 FROM: 1 ( 5,567 ) NOV 0 1 2005 485 TO: 1 ( 5,567) 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. Sign7ure Printed Name Address Date ``1. di l`-v 36 2. 3. /74 /e0A94/4//q OkiSOit/ 26/7 '1VV)L1)8°36 2/60 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. eit 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 OF RENTON FIREWORKS CONTROL ORDINAD ID: 28 1 SEGMENT: 20 SECTION NO: NOV 02005 486 SIGS/SEC: 1 FROM: 1 ( 5,568 ) 486 TO: 1 WARNING RECEIVED ( 5,568) CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature 77&—Printed Name Address a Date De I eT c ICI yri)914',i'' 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and,for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and p`l'epare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the directorof fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the.approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. • e Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in,forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the'permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2._Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to.obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4.' Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B: Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice:of appealA permittee may at-any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that . pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. _ Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross-misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D.: A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A rnisdemearror for any other violation of the provisions of this ordinance. • Section 27. Violation a separate, continuing offense. A:person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28;.G'pnstruction. This ordina iee'shall..be construed consistent with the provisions of Chapter 70.77 RCW. Section`29:'.Spverability<..fi,,,' If any provision of this or�dince or;,its;application to any person or circumstance is held invalid, the remainder of the • ordinance or the„application^of;the`provision•to othe'persons or circumstances is not affected" • • • • CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAI ID: 28 NO SEGMENT: 20 SECTION NO: 487 V 0 1 200,1C SIGS/SEC: 1 FROM: 1. ( 5,569 ) 487 TO: 1 ( 5,569) WARNING RECEIVED C1Tt'CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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. r�r�i � ��� � ` ��c- , fir/6 may/ 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE • Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, • deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance,to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. • M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust,.receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs,fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW,to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. ti Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol,through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. + Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority.The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge Or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession Of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINM ID: 28 CITY OF RENTON FIREWORKS CONTROL ORDINM ID: 28 SEGMENT: 22 SECTION NO: 494 SEGMENT: 21 SECTION NO: 488 SIGS/SEC: 1 FROM: 1 ( 5,572 ) \!Q V 01 2005 SIGS/SEC: 0 FROM: 1 ( 5,570 ) 494 TO: 1 ( 5,572) 488 TO: 0 ( 5,5s9) WARNING RECEIVED ;ITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; I AM A REGISTERED VOTER OF THE CITY OF RENTON, STATE OF WASHINGTON, AND MY RESIDENCE ADDRESS IS CORRECTLY STATED. Signature Pri ted Name Address Date 1 f ,5 . 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.- (14. b• 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: i. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311.E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit.The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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 ORDINAP 5,571 ID: 28 SEGMENT: 22 SECTION NO: 28) , NOV 0 �® SEGMENT: 21 SECTION NO: 489 SIGS/SEC: 493 . 1 FROM: 1 ( SIGS/SEC: 0 FROM: 1 ( 5,570 ) 493 RECEIVED 489 TO: 0 ( 5,569) ro'. 1 ( 5,571) CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE • Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature,where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State.Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. • • M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$ 500.00. The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler, to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority.The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. CITY OF RENTON CITY OF RENTON FIREWORKS CONTROL ORDINAP ID: 28 FIREWORKS CONTROL ORDINAP ID: 28 CITY OF RENTON SEGMENT: 21 SECTION NO: 490 SEGMENT: 24 SECTION NO: 637 SIGS/SEC: 0 FROM: 1 ( 5,570 ) SIGS/SEC: 3 FROM: 1 ( 5,783 ) NOV 490 TO: 0 ( 5,569) 637 TO: 3 ( 5,785) 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 7 Zik ririi.v'l'b71i !f i NA.Achim +Ir ° "• . . it R.,,atm • Ulair Mr.au9geir / 4. • 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes, forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "Permit" means the official authorization granted by the city for the purpose of doing any act which is regulated by Chapter 70.77 RCW. • M. "Permittee" means any person issued a fireworks permit in conformance with Chapter 70.77 RCW. N. "Person" includes any individual, firm, partnership,joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. O. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets of packages containing consumer fireworks items. P. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells articles pyrotechnic, special effects or display fireworks to public display permittees. Q. "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. R. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging articles pyrotechnic, special effects or display fireworks. S. "Fire chief" means the chief administrative officer of the fire department and/or'his designee who shall be the local fire official for purposes of Chapter 70.77 RCW. T. "Permanent storage" means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under this code and which shall be in compliance with the requirements of Chapter 70.77 RCW. U. "Temporary storage" means the storage of consumer fireworks during the periods allowed Chapter 70.77 RCW. W. "Retail fireworks stand" means a tent or other temporary structure made of wood, metal or other material, which meets the requirements of WAC 212-17 and which is used for the retail sale of consumer fireworks. Section 2. Acts prohibited without a permit. No person shall do any of the following acts in the City of Renton without having first obtained and having in full force and effect a valid permit issued by the City of Renton to do so: A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; B. Discharge display fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee or permittee and except the transport of consumer fireworks lawfully purchased at retail Section 3. Application for permit. • A. Any person desiring to do any act set forth in Section 2 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant or the applicant's authorized representative. If the application is made by a partnership, it shall be signed by each partner of the partnership or by the partnership's authorized representative. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation or by the corporation's authorized representative. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant and for any retail operation the person in charge and responsible; 2. A statement by the applicant that he or she is over the age of 18 years; 3. A valid and current license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and, for retail sales, a diagram showing the proposed site plan of the retail consumer fireworks stand location which includes distances from property lines, distances from structures, distances from other fireworks stands and vehicular traffic routes. B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of$ 100.00. This fee shall cover all needed permits, licenses and authorizations from application to and through processing, issuance and inspections and all other costs, if any, of any kind, including business license fees.The applicant shall post a$500.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the tenth day of July of each year for sales commencing on the twenty-eighth day of June, or the tenth day of January of the subsequent year for sales commencing on the twenty-seventh day of December. Failure to do so shall cause the bond to be forfeited to the City of Renton. All applications for permits for a pubic display shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of$500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days' written notice to the City of Renton. D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display. All applications shall be accompanied by a nonrefundable permit fee of$500.00.The applicant shall post a $500.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the City of Renton. E. Applications for retail sale of consumer fireworks shall be made annually on or after the first day of January of the year for which the permit is issued and the filing period shall close on the thirty-first day of May of such year. Section 4. Investigation, report on permit application. The fire chief shall make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person, consistent with the requirements of RCW 70.77. Section 5. Fire chief may grant or deny permit—Conditions. The fire chief shall have the power to grant any application for a permit or to deny any application for a permit if the permit would not be in conformance with Chapter 70.77 RCW. Section 6. License required prior to issuance of permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the chief of the Washington State Patrol, through the director of fire protection, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. Section 7. Public display permit—Granted for exclusive purpose—Nontransferable. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 8. Supervision of public displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Marshal pursuant to Chapter 70.77 RCW. Section 9. Permit authorizes activities of sellers, representatives and employees. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. A. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the fourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh day of December until the thirty-first day of December. B. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June, 2006, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 noon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. on the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. on the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of the subsequent year. C. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this ordinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, ignite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. • No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 12. Sales locations. All sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day of June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be removed not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day of December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which shall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. A. The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer fireworks shall comply with all provisions of Part V of WAC 212-17. B. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the zoning code. Section 14. Fire nuisance where fireworks kept prohibited. No person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a fire nuisance to exist on such premises. Section 15. Approved storage facilities required. It is unlawful for any person to store temporarily stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from 12:00 noon on twenty-eighth day of June until 9:00 p.m. on the fifth day of July shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of July of the same year to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Unsold stocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day of December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved by the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved permanent storage facilities of a licensed fireworks wholesaler,to a magazine or permanent storage place approved by the fire chief or to a place approved by the chief of the Washington State Patrol, through the director of fire protection. Upon receiving a written application for temporary storage, the fire chief shall investigate whether the character and location of the temporary storage as proposed meets the requirements of the zoning and building codes and WAC 212- 17. Based upon the investigation, the fire chief may grant or deny any application for temporary storage. Section 16. Unlawful possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is prohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. It is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of display of a driver's license or a photo identification card issued by any state, a United States military identification card, a valid passport issued by the United States or any government recognized by the United States, or any other valid identification with photo issued by any agency or department of the United States federal government. No other forms of identification shall be accepted. Section 18. Sales or transfers of display fireworks. No person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this chapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber having a license issued by the chief of the Washington State Patrol, through the director of fire protection, and a permit secured under the provisions of this ordinance from manufacturing or selling any kind of fireworks for direct shipment out of this state. Section 20. Special effects for entertainment media. This ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions, theatricals or operas when such assembling, compounding, use and display is a necessary part of the production and such person possesses a valid permit issued by the city. s Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority.The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal.The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal'is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that . pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of;this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for any other violation of the provisions of this ordinance. Section 27. Violation a separate, continuing offense. • A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is 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: 21 SECTION NO: 491 FIREWORKS CONTROLORDINAP ID: 28 NOV O 1 ZOOS SIGS/SEC: 0 FROM: 1 ( 5,570 ) SEGMENT: 23 SECTION NO: 569 491 TO: 0 ( 5,569) SIGS/SEC: 2 FROM: 1 ( 5,647 ) RECEIVED 569 TO: 2 ( 5,648) CITY CLERK'S OFFICE EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS OR HER TRUE NAME, OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION SEEKING AN ELECTION WHEN HE OR SHE IS NOT A LEGAL VOTER, OR SIGNS A PETITION WHEN HE OR SHE IS OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR. INITIATIVE PETITION FOR SUBMISSION TO THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON: We, the undersigned registered voters of the City of Renton, State of Washington, propose the enactment as an ordinance of the City of Renton the following measure known as the Fireworks Control Ordinance, a full, true and correct copy of which is included herein. The Fireworks Control Ordinance concerns the legal use of State of Washington defined consumer fireworks by residents of the City of Renton. This measure repeals City of Renton Ordinance Number 5088 and enacts provisions authorizing residents of the City of Renton to purchase, possess and use safely and responsibly State of Washington consumer fireworks to celebrate the Fourth of July, in honor of the anniversary of the birth of our country, and to celebrate New Year's Eve. We petition to Council to enact said measure as an ordinance; and, if not enacted within forty- five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of the City of Renton for approval or rejection at the next regular or special election in accordance with RCW 35.17.260 and Section 1-2-2 of the Renton Municipal Code; and each of us for himself or herself says: I HAVE PERSONALLY SIGNED THIS PETITION; 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. - - _'‘- _���--.ivy -�-'�l=Fy � � , 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. FIREWORKS CONTROL ORDINANCE Section 1:Renton Ordinance Number 5088 and every section of the Renton Municipal Code enacted thereby are completely repealed. Section 2: The following is hereby enacted to be codified as a part of the Renton Municipal Code: FIREWORKS Sections: , 1 Definitions. 2 Acts prohibited without a permit. 3 Application for permit. 4 Investigation, report on permit application. 5 Fire chief may grant or deny permit—Conditions. 6 License required prior to issuance of permit. 7 Public display permit—Granted for exclusive purpose—Nontransferable. 8 Supervision of public displays. 9 Permit authorizes activities of sellers, representatives and employees. 10 Dates and times consumer fireworks may be sold or discharged. 11 Sales of consumer fireworks. 12 Sales locations. 13 Standards for fireworks locations. 14 Fire nuisance where fireworks kept prohibited. 15 Approved storage facilities required. 16 Unlawful possession. 17 Sale of fireworks to persons under 16 years of age prohibited. 18 Sales or transfers of display fireworks. 19 Manufacture or sale of fireworks for out-of-state shipment. 20 Special effects for entertainment media. 21 Nonprohibited acts—Signal purposes,forest protection. 22 Revocation or suspension of permit. 23 Reckless discharge or use prohibited. 24 Discharge of fireworks by person under 16 years of age. 25 Enforcement. 26 Penalties for violation. 27 Violation a separate, continuing offense. 28 Construction 28 Severability. Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter: A. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation, and which meets the definition of agricultural and wildlife fireworks, articles pyrotechnic, special effects, consumer fireworks or display fireworks. B. "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks"and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance, and including fused setpieces containing components which exceed 50 milligrams of salute powder. C. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 490 C.F.R. Section 172.101 as of the effective date of this ordinance, and not including fused setpieces containing components which together exceed 50 milligrams of salute powder. D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. E. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United State Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of this ordinance. F. "Flame effects" means the detonation, deflagration, or ignition of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether or not there an admission fee is charged. G. "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral,part of a motion picture, radio, television, theatrical, or opera production, or live entertainment. H. "Public display of fireworks" means an entertainment feature where the public is or could be admitted or permitted to view the display or discharge of articles pyrotechnic, special effects or display fireworks. I. "Fire nuisance" means any thing or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance, to the prevention of or extinguishment of fire. J. "License" means a nontransferable formal authorization which the chief of the Washington State Patrol, through the director of fire protection, is authorized to issue under Chapter 70.77 RCW to engage in the act specifically designated therein. K. "Licensee" means any person issued a fireworks license in conformance with Chapter 70.77 RCW. L. "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. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the State Fire Vlarshal pursuant to Chapter 70.77 ROW. Section 9. Permit authorizes activities of sellers, representatives and employees. rhe authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to sellers, authorized representatives, and employees of such person. Section 10. Dates and times consumer fireworks may be sold or discharged. 4. Consumer fireworks may be sold, offered for sale, or exposed for sale within the city from 12:00 noon until 11:00 p.m. NI the twenty-eighth day of June, from 9:00 a.m. until 11:00 p.m. on each day from the twenty-nineth day of June until the :ourth day of July, and from 9:00 a.m. until 9:00 p.m. on the fifth day of July and from 12:00 noon to 11:00 p.m. on each Jay from the twenty-seventh day of December until the thirty-first day of December. 3. A person may ignite or discharge consumer fireworks within the city at any time from 12:00 noon until 11:00 p.m. on he twenty-eighth day of June, 2006, from 9:00.a.m. until 11:00 p.m. on each day from the twenty-nineth day of June, 2006, until the third day of July, 2006, from 12:00 noon until 12:00 midnight on the fourth day of July, 2006, from 12:00 -loon until 11:00 p.m. on the fifth day of July, 2006, and from 6:00 p.m. on the thirty-first day of December, 2006, until 1:00 a.m. on the first day of January, 2007, and at any time in 2007 and every year thereafter from 12:00 noon until 11:00 p.m. Dn the third day of July, from 12:00 noon until 12:00 midnight on the fourth day of July, from 12:00 noon until 11:00 p.m. pn the fifth day of July, and from 6:00 p.m. on the thirty-first day of December until 1:00 a.m. on the first day of January of :he subsequent year. No person without a permit shall discharge any consumer fireworks upon any city or publicly owned parks or school grounds. D. The limitations set out in subsections A and B of this section shall not apply in the following cases: 1. Public displays as authorized by a state license pursuant to RCW 70.77.260(2) and a city permit pursuant to this )rdinance; 2. Use for religious or specific purposes pursuant to RCW 70.77.311; and 3. Agricultural and wildlife fireworks as authorized by RCW 70.77.311. E. Except as herein provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, explode, fire, gnite, or discharge any fireworks in the city. Section 11. Sales of consumer fireworks. Jo person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer or which a license and permit have been issued. Section 12. Sales locations. all sales of consumer fireworks shall be from temporary stands, which shall not be erected prior to the twenty-second day >f June of any year for retail consumer fireworks sales beginning on the twenty-eighth day of June and which shall be emoved not later than the tenth day of July of the same year or which shall not be erected prior to the twenty-second day >f December of any year for retail consumer fireworks sales beginning on the twenty-seventh day of December and which ;hall be removed not later than the tenth day of January of the subsequent year or from permanent buildings. Section 13. Standards for fireworks locations. 4.The temporary fireworks stands or permanent buildings of all those persons engaging in the retail sale of consumer ireworks shall comply with all provisions of Part V of WAC 212-17. 3. Temporary fireworks stand or permanent building shall be permitted where retail operations are permitted by the r.oning code. Section 14. Fire nuisance where fireworks kept prohibited. io person shall allow any combustibles to accumulate in any premises where any fireworks are sold or stored or allow a ire nuisance to exist on such premises. Section 15. Approved storage facilities required. t 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 ;tocks of consumer fireworks remaining after the authorized retail sale period from 12:00 noon on to twenty-seventh day >f December until 11:00 p.m. on the thirty-first day of December of the same year shall be stored in a location approved )y the fire chief or shall be returned on or before the tenth day of January of the subsequent year to the approved >ermanent 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. rhe possession of any class or kind of fireworks in violation of the provisions of this ordinance or Chapter 70.77 RCW is >rohibited. Section 17. Sale of fireworks to persons under 16 years of age prohibited. t is unlawful to sell fireworks to any person under the age of 16 years. Sellers shall require proof of age by means of Display of a driver's license or a photo identification card issued by any state, a United States military identification card, a 'alid 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. Jo person shall sell or transfer any display fireworks to any person who is not a fireworks permittee as provided in this :hapter. Section 19. Manufacture or sale of fireworks for out-of-state shipment. -his 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. -his ordinance does not prohibit the assembling, compounding, use and display of articles pyrotechnic, flame effects, special effects or display fireworks of whatever nature by any person engaged in the productions,theatricals or operas vhen such assembling, compounding, use and display is a necessary part of the production and such person possesses i valid permit issued by the city. w • 'Section 21. Nonprohibited acts—Signal purposes, forest protection. This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other modes of transportation for signal purposes or illumination or for use in forest protection activities. Section 22. Revocation or suspension of permit. A. Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee or any of the permittee's representatives, agents or employees with the permittee's knowledge has: 1. Violated any of the provisions of this ordinance; or 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or 3. Failed to obtain or has had suspended or revoked any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW or this ordinance to be done without a license; or 4. Has had any insurance coverage required by this ordinance cancelled, revoked or lapsed. B. Effective Date of Revocation. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this ordinance, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of'the permit. The suspension or revocation shall become effective immediately upon receipt of the notice of the permittee unless the permittee gives written notice to the City Clerk or his or her designee within forty-eight hours of his or her intent to appeal the revocation or suspension and then becomes effective only if the revocation or suspension is affirmed by the City Council C. Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this ordinance shall be final unless a timely written notice of appeal is filed as specified in subsection B of this section. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the City Council. The City Council shall consider the appeal at a regular or special council meeting whichever is necessary. This council meeting shall be held no later than forty-eight hours after the City Clerk or his or her designee receives the written notice of appealA permittee may at any time appeal a revocation or suspension to King County Superior Court. Section 23. Reckless discharge or use prohibited. It is unlawful for any person to discharge or to use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. Section 24. Discharge of fireworks by person under 16 years of age. It is unlawful for any person under the age of 16 to discharge fireworks except under the direct supervision of a competent adult. Section 25. Enforcement. The police chief, or his or her designee, is authorized to enforce provisions of this ordinance and Chapter 70.77 RCW that pertain to the possession and use of fireworks in the City of Renton. The fire chief, or his or her designee, is authorized to enforce provisions of this ordinance relating to the permitting of public display of fireworks and the retail sale of consumer fireworks. He or she may revoke or suspend any permit issued pursuant to this ordinance upon any failure or refusal of the permittee to comply any provisions of this ordinance or Chapter 70.77 RCW. Section 26. Penalties for violation. Any person violating any of the provisions of this ordinance shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to imposition of a fine and/or imprisonment as follows: A. A misdemeanor for unlawful possession of fireworks weighing less than one pound, exclusive of external packaging. B. A gross misdemeanor for unlawful possession of fireworks weighing one pound or more, exclusive of external packaging. C. A gross misdemeanor for violation of the prohibition upon use or discharge of fireworks in a reckless manner. D. A gross misdemeanor for violation of the restrictions upon the sale of fireworks set forth in this ordinance. E. A misdemeanor for.any other violation of._the provisions of this.ordinance. - Section 27. Violation a separate, continuing offense. A person commits a separate offense for each day during which he or she commits, continues, or permits a violation. Section 28. Construction. This ordinance shall be construed consistent with the provisions of Chapter 70.77 RCW. Section 29. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.