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HomeMy WebLinkAboutCSS 2022-02-14 Item 1D - Proposal - Safe and Sane FireworksW i City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services & Safety Committee FROM: Laurel Humphrey, Legislative Analyst DATE: February 8, 2022 SUBJECT: Safe & Sane Fireworks ISSUE The City Council has received a request to modify the fireworks ban to allow "Safe and Sane" ground fireworks. BACKGROUND All fireworks are prohibited in Tukwila pursuant to TMC Chapter 16.16, International Fire Code. Other than persons or organizations granted a permit for a public display, it is illegal to manufacture, sell, store, or discharge fireworks in the city. A resident has requested that the City Council consider modifying the code to allow "Safe and Sane" fireworks to be sold and discharged within city limits. Safe & Sane is a descriptor often used for types of fireworks that are ground-based and not projectile or explosive. Examples include fountains, sparklers, smokeballs, pinwheels, etc. If the Council wishes to amend the code to allow certain types of fireworks, an ordinance will need to be developed and brought back to Committee for discussion. As there is significant public interest in fireworks enforcement, staff suggests public outreach via communications channels such as social media, Hazelnut, and e -Hazelnut. Please see attachments for more details about the proposal as well as samples from other jurisdictions. The Police Chief and Fire Chief will be in attendance to answer any questions from their respective perspectives. RECOMMENDATION Staff is seeking Committee direction on next steps. ATTACHMENTS • Proposal by Katrina Dohn • Mount Vernon, WA Municipal Code Chapter 8.24 • Mount Vernon, WA Flyer • Snoqualmie, WA Flyer 45 46 edified -Firewo k tori o"Del L — iLo, W I am proposing that the City Council of Tukwila, WA consider modifying their current ban on the sale and discharge of fireworks in the city of Tukwila. My proposal is as follows: 1. Modify the ban to allow ground-based, often called Safe and Sane, fireworks to be sold and discharged within Tukwila city limits. These fireworks include fountains and other items that stay ground-based. None of these items have loud reports (booms), so do not tend to be traumatic to pets and veterans. I have attached a link to a sample list from another city who has allowed these types of fireworks. 2. Allow non-profit groups to operate the fireworks locations within Tukwila, thus bringing in significant revenue to their groups. By operating a location for one week, non -profits can make a significant amount of money, thus allowing them to expand the work they are doing within the community. 3. Maintain the ban on aerial and explosive fireworks. These are the fireworks that the vast majority of people complain about, and that statistically cause almost all fireworks problems. The police will be able to continue the enforcement of the ban on these items. 4. Pair the modified ban with a robust safety campaign. Something like Be Safe — Boundaries (35 feet away from all fireworks being lit), Brace (always brace fireworks to avoid tip -over), and Bucket (always have a bucket of water on site, and put all used fireworks immediately into it). There are several safety campaigns available that can be shared throughout the community. Benefits of such a change Modifying the fireworks ban allows for a WIN -WIN -WIN-WIN situation, which is detailed below. 1. Aerial and explosive fireworks are still banned. This allows police to continue enforcement of the items that cause the vast majority of fireworks problems and complaints (items that make big BOOMS, and items that fly around erratically). It is a WIN for those concerned about loud and dangerous fireworks (pet owners, veterans, etc.) as enforcement will still continue as it is now. The fireworks that people complain about will still be illegal and enforcement will remain. 2. Families and neighborhoods can still have safe displays, purchasing ground-based items at a neighborhood stand or tent. Data shows that these items are rarely the cause of fireworks problems, so allowing them provides a safe option for people, and keeps many people from going to the reservations, where they are offered dangerous and illegal fireworks. This reduces the number of those dangerous items brought back to the community. It is a WIN for those who enjoy small safe family or neighborhood fireworks celebrations. 3. Non-profit groups that operate fireworks locations can still operate sites and receive the financial benefit that comes from this fundraiser. Often, this is the primary fundraiser for many community-based groups such as Eagles or Rotary clubs, high school athletic or ASB programs, churches, etc. By allowing Safe and Sane sales, the money generated allows programs to 47 continue doing the work they do to benefit the community. This is a WIN for non-profit groups, and for the community who benefits from the work that they do. 4. Finally, cities benefit from the tax revenue that comes in from sales. This is a WIN for the cities and their budgets. The pendulum of fireworks bans seems to be swinging back, as municipalities are realizing that, because we live near native reservations, which are not impacted by fireworks bans, we will always have fireworks. By allowing sale of Safe and Sane items, there are actually LESS of the troublesome fireworks being brought into communities with the modified ban. Some communities that have made this change include: Auburn, WA Snoqualmie, WA Pasco, WA Mt. Vernon, WA State of Oregon I would welcome the opportunity to speak with you further about this proposal, and to answer any questions you may have. Please feel free to contact me any time. Katrina Dohn 206.355.9820 katrinadohn@gmail.com 48 Print Preview https://www.codepublishing.com/WA/MountVernon/cgi/menuCompile.pl Chapter 8.24 FIREWORKS Sections: 8.24.010 Definitions. 8.24.020 Use of certain fireworks unlawful. 8.24.030 Discharge of consumer fireworks. 8.24.035 Discharge of consumer fireworks prohibited near forests and parks. 8.24.040 Sale or purchase of consumer fireworks. 8.24.050 Permit for consumer fireworks. 8.24.060 Display of sign. 8.24.070 Permit required for public display. 8.24.080 Permit fees. 8.24.090 Issuance - Nontransferable - Voiding. 8.24.100 Applications for public display permit. 8.24.110 Fire marshal authorized to adopt regulations. 8.24.120 Special effects for entertainment media. 8.24.130 Nonprohibited acts - Signal purposes, forest protection. 8.24.135 Emergency fireworks ban sale and use. 8.24.140 Violations. 8.24.150 Effective date. 8.24.160 Severability. 8.24.010 Definitions. 1 of 7 49 2/8/2022, 12:36 PM Print Preview https://www.codepublishing.com/WA/MountVernon/cgi/menuCompile.pl Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: A. "Chaser" means a small paper or cardboard tube that travels along the ground upon ignition. A whistling effect or other noise is often produced. The explosive composition used to create the noise may not exceed 50 milligrams. B. "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Products Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks containing UN0336 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of the ordinance codified in this section, and not including fused set pieces containing components which together exceed 50 milligrams of salute powder. Consumer fireworks include, but are not limited to, fireworks devices commonly known as the following: sparklers, morning glory, ground spinners, multi -aerials, helicopters, parachutes, cone and fountains, Roman candles, wheels, novelties, snakes, cakes and smoke devices. C. "Firecracker" or "salute" means a small paper -wrapped or cardboard tube containing not more than 50 milligrams of pyrotechnic composition. Upon ignition, noise and a flash of light is produced. External dimensions shall not exceed one and one-half inches in length or one-quarter inch in diameter. D. "Forest lands" means any unimproved lands which have enough trees, standing or down, or flammable material, to constitute a fire menace to life or property. Brush and grass areas may be considered forest lands when such areas are adjacent to or intermingled with areas supporting tree growth. E. "Missile -type rocket" means a device similar to a sky rocket in size, composition and effect that uses fins rather than a stick for guidance and stability. F. "Mortar -type firework" means a device including a shell or shells, typically round or cylindrical, that is launched by a lift charge and uses a mortar tube. G. "Sky rocket" means a tube not exceeding one-half inch (12.5 millimeters) inside diameter that may contain up to 20 grams of pyrotechnic composition. Sky rockets contain a wooden stick for guidance and stability and rise into the air upon ignition. A 50 2 of 7 2/8/2022, 12:36 PM Print Preview 3 of 7 https://www.codepublishing. com/WA/MountVernon/cgi/menuCompile.pl burst of color or noise or both is produced at the height of flight. (Ord. 3204 § 1, 2004). 8.24.020 Use of certain fireworks unlawful. Whether permitted by state law or not, the manufacture, storage, transportation (except in interstate commerce), sale at wholesale or retail, possession or discharge of firecrackers, salutes, chasers, sky rockets and missile -type rockets and mortar -type fireworks is prohibited in the city, except as allowed by this chapter. (Ord. 3204 § 1, 2004). 8.24.030 Discharge of consumer fireworks. Notwithstanding any provision of state law, it shall be unlawful to use or discharge consumer fireworks at any time except for the following: on July 4th between the hours of 12:00 p.m. until 12:00 a.m. Nothing in this section shall be construed to permit the use or discharge of firecrackers, salutes, chasers, sky rockets, missile -type rockets, or mortar - type fireworks at any time except pursuant to a valid permit issued by the fire chief for a public or private display of display fireworks. (Ord. 3276 § 1, 2005). 8.24.035 Discharge of consumer fireworks prohibited near forests and parks. Notwithstanding any provision of state law, it shall be unlawful to use or discharge consumer fireworks within 300 feet from any forest lands or parks within the city. (Ord. 3204 § 1, 2004). 8.24.040 Sale or purchase of consumer fireworks. Notwithstanding any provision of state law, it shall be unlawful to sell or purchase consumer fireworks at any time except for the following: From 12:00 noon to 11:00 p.m. on the 28th of June, from 9:00 a.m. to 11:00 p.m. on each day from the 29th of June through the 4th of July, and from 12:00 noon to 11:00 p.m. on each day from the 27th of December through the 31st of December of each year. (Ord. 3204 § 1, 2004). 8.24.050 Permit for consumer fireworks. Pursuant to RCW 70.77.260, any person desiring to manufacture, import, possess, or sell 51 2/8/2022, 12:36 PM Print Preview https://www.codepublishing.com/WA/MountVernon/cgi/menuCompile.pl any fireworks at wholesale or retail for any use shall apply in writing to a local fire official for a permit. All applications must be submitted by May 1st for sales commencing on June 28th. (Ord. 3204 § 1, 2004). 8.24.060 Display of sign. Any person or organization that sells consumer fireworks within the city limits shall prominently display a sign or signs designed and produced by the fire marshal to inform the public of the times and dates for which the use or discharge of consumer fireworks is permitted. (Ord. 3204 § 1, 2004). 8.24.070 Permit required for public display. It is unlawful for any person to hold, conduct or engage in a public display of fireworks within the city without first having obtained and being the holder of a valid permit issued pursuant to the provisions of this chapter. (Ord. 3204 § 1, 2004). 8.24.080 Permit fees. Every person, firm or corporation shall, prior to obtaining any public display permit as provided in this chapter, pay a permit fee of $100.00 payable in advance. In addition, in the event that the location specified in the permit has unusual parameters, limitation or risks requiring inspection over and above that anticipated in the establishment of this fee, a charge for inspection shall be paid by the applicant equal to the actual cost of providing the inspection. (Ord. 3204 § 1, 2004). 8.24.090 Issuance - Nontransferable - Voiding. Each public display 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. (Ord. 3204 § 1, 2004). 8.24.100 Applications for public display permit. 52 4 of 7 2/8/2022, 12:36 PM Print Preview https://www.codepublishing.com/WA/MountVernon/cgi/menuCompile.pl Applications for a permit to hold, conduct or operate a public display of fireworks shall be made to the Mount Vernon fire marshal at least 21 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 set forth in any regulations authorized by the fire marshal pursuant to MVMC 8.24.070. (Ord. 3204 § 1, 2004). 8.24.110 Fire marshal authorized to adopt regulations. The fire marshal appointed pursuant to MVMC 15.08.040 is authorized to adopt reasonable rules and regulations to implement the provisions set forth in this chapter, giving due regard to the prevention of fire, property damage and injury; provided, however, that any rule or regulation that is more restrictive than state law as to the types of fireworks that may be sold shall have an effective date no sooner than one year after adoption. A copy of such rules and regulations shall be maintained for copying and inspection in the office of the finance director. (Ord. 3204 § 1, 2004). 8.24.120 Special effects for entertainment media. This chapter does not prohibit the assembling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio, or television production, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the city of Mount Vernon to purchase, possess, transport or use such fireworks. (Ord. 3204 § 1, 2004). 8.24.130 Nonprohibited acts - Signal purposes, forest protection. This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for the use in forest protection activities. (Ord. 3204 § 1, 2004). 8.24.135 Emergency fireworks ban sale and use. Upon recommendation of the mayor, the city council may issue a city-wide temporary order prohibiting the sale, possession and use of consumer fireworks. Said recommendation shall be based on a reasonable and articulable belief that hazardous conditions exist where the sale and use of consumer fireworks pose a severe wildland- 5 of 7 53 2/8/2022, 12:36 PM Print Preview https://www.codepublishing.com/WA/MountVernon/cgi/menuCompile.pl urban interface fire hazard, increasing risk and/or threatening public safety. Prior to making the recommendation, the mayor shall consult the fire chief and police chief for best available public safety information pertinent to the conditions. Said information shall be communicated to the council as part of the mayor's recommendation. The temporary emergency order shall specify the time period it shall be in effect. The emergency order may be canceled by the city council prior to its expiration date, based on recommendation from the mayor after consultation with the fire chief and police chief as to prevailing conditions. In the event of any such prohibition, all damages claimable against the city by any holder of a license or permit to use or sell such fireworks shall be limited to the cost of any such license or permit granted by the city. All claims against the city as a result of a temporary emergency order issued under this section shall be submitted to the city finance director within six months of the date the order issued. (Ord. 3680 § 1, 2016). 8.24.140 Violations. Unless otherwise provided below, any person violating or failing to comply with the provisions of this chapter which does not also constitute a violation of state law shall be guilty of a civil infraction and, upon conviction thereof, shall be punished by a fine of $50.00 for the first offense, $100.00 for the second offense, $150.00 for the third offense and $200.00 for each offense within a three-year period. Any violation of this chapter which also constitutes a violation of state law shall be punishable under state law penalties. In addition, any fireworks that are involved in the violation may be confiscated. Any person violating or failing to comply with a temporary order issued pursuant to MVMC 8.24.135 shall be guilty of a civil infraction and, upon conviction thereof, shall be punished by a fine of $500.00 for each offense. (Ord. 3680 § 2, 2016; Ord. 3204 § 1, 2004). 8.24.150 Effective date. Pursuant to RCW 77.77.250, the ordinance codified in this chapter shall be in effect on June 28, 2005. (Ord. 3204 § 1, 2004). 8.24.160 Severability. If any chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 3204 § 1, 2004). 54 6 of 7 2/8/2022, 12:36 PM Print Preview https://www.codepublishing.com/WA/MountVernon/cgi/menuCompile.pl 7 of 7 55 2/8/2022, 12:36 PM 56 WHATIS LEGAL. WHAT IS SAFE. *I& i N MOUNT VER I Eihreworks ymitted finight 2 piummlAciudescl • • 63103n Top Safety Tip : Watch a Professional Display s isvernonwa 'Is 44,T QUE ES LEGAL. QU'ES SEGURO. Su gufa detirar �TES EN MOUNT VERN Eipieetaitculo 44465164 (% rd • , filitswandumb. n athvel%aihcewo rks 3&iffeworks ertised thwo rks ure bled ation pbse !frau ntvernonwa safeand legalfi reworks ill1vIof mit Ai 0UNT MI VERNON es crnitidos ed is kiddnnoche 2 boirticiesdos ism • - :dos A'\\\A\ 57 _ czekIngton LEGAL CONSUMER FIREWORKS folds - 24 Cylindrical Fountain Upon ignition, a shower of colored sparks, and sometimes a whistling effect, is produced. Ground Spinners A small device similar to a wheel in design and effect. When placed on the ground and ignited, a shower of sparks and color is produced by the rapidly spinning device. Helicopters, Aerial Spinners A propeller or blade is attached, which, upon ignition, lifts the rapidly spinning device into the air. A visible or audible effect is produced at the height of flight. Parachutes Upon ignition, one or more parachutes are propelled into the air with stars, smoke, and other effects being discharged as the parachute floats downward. A Cone Fountain Upon ignition, a shower of colored sparks, and sometimes a whistling effect, is produced. Wheels Pyrotechnic device attached to a post or tree by means of a nail or string. A wheel may contain up to six "driver" units; upon ignition, the wheel revolves, producing a shower of color and sparks and, sometimes, a whistling effect. Dipped Stick, Sparkler Stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. Total pyrotechnic composition not to exceed 100 grams per item. Smoke Devices Tube or sphere containing pyrotechnic composition that, upon ignition, produces a white or colored smoke as a primary effect. Novelties "Trick and Novelty Devices" means any small firework device not classified as a Consumer of Display Firework. Items contain a small amount of pyrotechnic composition that is friction sensitive. Fireworks and Explosive Devices that are Illegal in Mount Vernon, Washington Federally Legal Consumer Fireworks: These items are legal to purchase, possess, and discharge only at an Indian Reservation. Possession and/or use off the reservation is illegal. Firecrackers Generally 1/4" x 1 1/2" or less that come in packs to large bricks. A firecracker makes a single "pop" sound. Many firecrackers strung together will make repetitive "popping" sounds. Sky Rockets and Missiles Similar to the Bottle Rocket, a Sky Rocket is attached to a stick or has fins and may have a plastic cap. A missile will have fins rather than a stick. Once lit, it ascends rapidly, high into the air where it explodes. 7=4 I _ Bottle Rockets A firecracker type (tube) attached to a 12" long wooden stick. The stick is placed in a bottle and once lit, it rises into the air, travelling laterally before exploding. ,'' Illegal Explosive Devices: The possession, manufacturing, or using of illegal Explosive Devices is a criminal offense. Mine/Shells/Cakes Mine — An aerial device that shoots stars into the sky in an upward spray pattern. Shell — A shell is an aerial item that is fired into the sky. Cake Dense -packed collection of minefshell tubes that are fused together. Reloadable Mortars A shell consisting of a container, a lift charge, a time fuse, a burst charge, and stars/effects. The lift charge propels the shell out of the tube igniting the burst charge at the right altitude, igniting the effects. M -80's, M -100's, etc. Illegal since the 70's, an M-80 can contain flash powder, black powder, or a composition of materials that are sensitive to shock and can injure or kill people. Can do serious permanent damage to fingers, hands, and eyes. Improvised Explosive Device (IED) A pipe bomb is an improvised explosive device, consisting of a tightly sealed section of pipe that is filled with an explosive material. The pipe provides containment, meaning that a low explosive can be used to produce a relatively large explosion. A tennis ball bomb is an improvised explosive device consisting of a tennis ball filled with combustibles or pyrotechnic material with a fuse producing a loud explosion. Altered Firework Sparklers are bound together in electrical or duct tape to contain the ignition of the sparklers, providing for a loud "whoomp" sound with a flash of light. Pictures shown are for illustrative purposes only and are not an endorsement of any brand or style of consumer firework. Fireworks Laws and Regulations for the City of Snoqualmie Aerial Devices Are Not Legal in Snoqualmie City Limits Remember: Even if you buy fireworks at a state -stand or on a reservation, they may not be legal in the City of Snoqualmie. ILLEGAL FIREWORKS IN SNOQUALMIE Parachutes Bees/Butterflies/Etc. Roman Candles Cakes Air Spinners & Helicopters Mines Torches Shells ILLEGAL IN SNOQUALMIE & WA STATE Firecrackers Bottle Rockets (and altered fireworks) Explosive Devices Sky Rockets & Missiles LEGAL FIREWORKS IN SNOQUALMIE Novelties Snap-Its/Pop-Its Hand-held Sparklers Ground Spinners Cone Fountain Wheels Cylindrical Fountain Smoke Devices OTHER REGULATIONS • No fireworks may be possessed or discharged in any public park, which is a civil infraction. • By state law, fireworks sales are limited to people age 16 and older. • Hours Allowed for Discharge of Legal Fireworks in Snoqualmie: July 4, 2016 from 9 a.m. to midnight December 31, 10 p.m. to 12:30 p.m.