HomeMy WebLinkAboutOrdinance No. 2020-011 An Ordinance of the City of Arlington, Washington Amending and Repealing Certain Sections of the Arlington Municipal Code Chapter 15.16 Pertaining to Fireworks ORDINANCE NO. 2020--011
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING AND REPEALING CERTAIN SECTIONS OF THE ARLINGTON MUNICIPAL CODE
CHAPTER 15.16 PERTAINING TO FIREWORKS
WHEREAS, state law and the municipal code currently permit the possession and use of
many consumer fireworks; and
WHEREAS, for many years the city and its elected officials have received numerous
complaints regarding the discharge of both legal and illegal fireworks; and
WHEREAS,the complaints include complaints about excessive noise,fire hazards,cleanup
and safety risks created by the discharge of fireworks; and
WHEREAS, on August 5, 2019, the City Council adopted Resolution 2019-015 requesting
the Snohomish County Auditor to place the following proposition on the November 2019 ballot
as an advisory measure:
Should the City Council of Arlington ban the possession, sale and discharge of all fireworks
within the City of Arlington?
WHEREAS, on November 5, 2019, Proposition 1 appeared on the ballot and was approved
by voters with 50.7%voting in favor of the measure; and
WHEREAS, the Council believes that prohibiting fireworks would enhance the health,
safety, and welfare of the public; and
WHEREAS, chapter 70.77 RCW authorizes cities to adopt fireworks ordinances that are
more restrictive than state law, but such ordinances may only become effective one year after
their adoption;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ARLINGTON,
WASHINGTON AS FOLLOWS:
Section 1. Arlington Municipal Code section 15.16.010 shall be and hereby is amended
to read as follows:
15.16.010- Intent.
It is expressly the purpose of this ordinance to provide for and promote the health,
safety, and welfare of the general public and not to create or otherwise establish
or designate any particular class or group of persons who will or should be
ORDINANCE NO. 2020-011 1
especially protected or benefited by the terms of this ordinance. It is the specific
intent of this ordinance that no provision or term used in this ordinance is
intended to impose any duty whatsoever upon the city or any of its officers or
employees. Nothing contained in this ordinance is intended nor will be construed
to create or form the basis of any liability on the part of the city, or its officers,
employees or agents, for any injury or damage resulting from any action or
inaction on the part of the city related in any manner to the enforcement of this
ordinance by its officers, employees or agents.
Section 2. Arlington Municipal Code section 15.16.030 shall be and hereby is amended
to read as follows:
15.16.030- Definitions.
The definitions of chapter 70.77 RCW, as now enacted or subsequently
amended, are adopted by reference and shall govern the construction of this
chapter, when applicable.
Section 3. Arlington Municipal Code section 15.16.040 shall be and hereby is amended
to read as follows:
15.16.040 - Possession, use and discharge of fireworks unlawful.
A. It is unlawful for any person to possess, use, sell, transfer, discharge, ignite, or
explode any fireworks within the city;provided that this prohibition shall not apply
to the following activities, when authorized by a state license and city permit:
1. Duly authorized public displays, as provided in chapter 70.77 RCW; and
2. Duly authorized use by religious organizations or private organizations
or persons for religious or other specific purposes on an approved date and
in an approved location, as provided in RCW 70.77.311, and authorized by
the Arlington fire marshal.
B. Trick and novelty devices, as defined by state law, are not fireworks for the
purposes of this chapter.
C. This chapter does not prohibit the use of torpedoes, flares, or fuses by motor
vehicles, railroads, or other transportation agencies for signal purposes or
illumination or for use in forest protection activities.
Section 4. Arlington Municipal Code section 15.16.050 shall be and hereby is amended
to read as follows:
15.16.050- Public displays when permitted.
It is unlawful for any person to hold, conduct or engage in a public display of
ORDINANCE NO. 2020-011 2
fireworks within the city without first having obtained and being the holder of a
valid permit issued pursuant to the provisions of this chapter.
Section 5. Arlington Municipal Code section 15.16.060 shall be and hereby is amended
to read as follows:
15.16.060- Public display permit—applications permits.
A person desiring to make a public display of fireworks shall apply in writing for a
permit to hold, conduct or operate a public display of fireworks to the Arlington
fire marshal at least sixty (60) days prior to the scheduled event. Applicants shall
meet all qualifications and requirements of state law regarding public display of
fireworks and all fire and safety requirements as set forth in the standards for
public display. Applicants shall pay permit fees as required by the city fee
resolution.
The application must include:
(1)a copy of the applicant's Washington state pyrotechnic operator license
(or the pyrotechnic operator license of the applicant's employee who will
conduct the public display);
(2) evidence of a bond issued by an authorized surety or a certificate of
public liability insurance;
(3) a drawing showing a plan view of the fireworks discharge site and the
surrounding area within a 500-foot radius;
(4) the exact location, date and time of the proposed display; and
(5)the number, type and class of fireworks to be displayed,the manner in
which the fireworks are being stored prior to the public fireworks display.
The fire marshal shall investigate whether the character and location of the display
as proposed would be hazardous to property or dangerous to any person.
The fire marshal may grant a permit, deny the same, or impose other
requirements on the applicant as needed to protect the public safety.
Section 6. Arlington Municipal Code section 15.16.070 shall be and hereby is amended
to read as follows:
15.16.070- Public display permits--transfer .
Each public display permit issued pursuant to this chapter shall be valid for the
specific authorized public display event only, shall be used only by the designated
permittee and shall be nontransferable. Any transfer or unauthorized use of a
permit is a violation of this chapter and shall void the permit granted in addition
to all other sanctions provided in this code.
Section 7. Arlington Municipal Code section 15.16.080 shall be and hereby is amended
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to read as follows:
15.16.080-Violation penalties.
A. Any person possessing, using, discharging, igniting, or exploding any consumer
firework in violation of this chapter has committed a civil infraction.
1. For a period of 365 days after the effective date of this ordinance,
a violation of this subsection shall be a class 3 civil infraction.
2. For the period beginning on the 366th day after the effective date
of this ordinance until the 730th day after the effective date of this
ordinance, a violation of this subsection shall be a class 2 civil infraction.
3. Beginning on the 731st day after the effective date of this
ordinance, a violation of this subsection shall be a class 1 civil infraction.
4. The penalties and assessments for each class of infraction shall be
as set by state law. Base penalties shall be as set forth in RCW 7.80.120 as
now enacted or subsequently amended. Public Safety and Education
Assessments shall be as set forth in RCW 3.62.090 as now enacted or
subsequently amended. The base penalty amounts and Public Safety and
Education Assessments at the time of the adoption of this ordinance are
shown in the table below. The table is for illustrative purposes only and
the amount of the base fine and the Public Safety and Education
Assessments shall be as provided by state law.
Class rBase penalty r Public Public Total
per Safety and Safety and Fine
RCW Education Education
7.80.120 Assessment Assessment
per RCW per RCW
3.62.090(1) 3.62.090(2)
Class 250 175 88 513
1
Class 125 88 44 257
2
Class 50 35 18 103
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B. Any person selling or transferring any consumer firework in violation of this
chapter is guilty of a misdemeanor.
C. Any person possessing, using, selling, transferring, discharging, igniting, or
exploding any display firework in violation of this chapter is guilty of a gross
misdemeanor.
D. Any person possessing, using, selling, transferring, discharging, igniting, or
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exploding any dangerous firework, as defined by state law, is guilty of a gross
misdemeanor.
E. Any fireworks that are possessed or used in violation of this chapter may be
confiscated.
Section 8. Arlington Municipal Code sections 15.16.090 through 15.16.150 shall be and
hereby are repealed.
Section 9. Seve=tom If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 10. Effective Date. This ordinance or a summary thereof consisting of the title
shall be published in the official newspaper of the City, and shall take effect and be in full force
one year after publication pursuant to RCW 70.77.250(4).
PASSED BY the City Council and APPROVED by the Mayor this 18th day of May, 2020.
CITY OF ARLINGTON
1.
Barbara Tolbert, Mayor
Attest:
Wendy Van er Meersche
City Clerk
Approved as to form:
Stev J. P le
City Attorney
ORDINANCE NO. 2020-011 5
CERTIFICATION OF ORDINANCE
I, Wendy Van Der Meersche, being the duly appointed and City Clerk of the City of
Arlington, Washington, a municipal corporation, do hereby certify that the following
Ordinance No. 2020-011 was approved at the May 18, 2020 City Council meeting.
ORDINANCE NO. 2020-011
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING AND
REPEALING CERTAIN SECTIONS OF THE ARLINGTON MUNICIPAL CODE CHAPTER 15.16
PERTAINING TO FIREWORKS
A true and correct copy of the original ordinance is attached.
Dated this 19th day of May, 2020.
7
Wendy Van Der Meersche
City Clerk for the City of Arlington
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