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HomeMy WebLinkAboutCOW 2022-04-11 Item 6C - Ordinance - Fireworks Regulations Update�.►J 1 L4 �J y" fa% ANclos 190a COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 4/11/22 LH 4/18/22 LH ITEM INFORMATION ITEM NO. 6.C. STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 4/11/22 AGENDA ITEM TITLE Ordinance updating Fireworks Regulations to allow certain Ground -Based Fireworks CATEGORY ® Discussion Mt Date 4/11/22 ❑ Motion Mtg Date ❑ Resolution AItg Date Ordinance Mtn Date 4/18/22 ❑ Bid Award AugtDate ❑ Public Hearing Altg Date ❑ Other Mtg Date SPONSOR ® Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIC SPONSOR'S SUMMARY The City Council has received a request to modify the fireworks ban to allow the sale and personal use of ground-based fireworks. REVIEWED BY ❑ Trans&Infrastructure Svcs 1 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 2/14/22 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Forward to Committee of the Whole for further discussion COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 4/11/22 4/18/22 MTG. DATE ATTACHMENTS 4/11/22 Informational Memo dated April 1, 2022 Draft ordinance Resident proposal Minutes from the Community Services & Safety Committee of 2/14/22 4/18/22 Ordinance in Final Form 49 50 W i City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Committee of the Whole FROM: Laurel Humphrey, Legislative Analyst DATE: April 1, 2022 SUBJECT: Ordinance allowing Ground -Based Consumer Fireworks in the City of Tukwila ISSUE The City Council has received a request to modify the fireworks ban to allow the sale and personal use of ground-based fireworks. BACKGROUND All fireworks are prohibited for personal use in Tukwila pursuant to TMC Chapter 16.16, International Fire Code. This ban was first enacted in 1996 following an advisory vote on the November 5, 1996 ballot when 52.3% of Tukwila voters favored a complete ban. Other than persons or organizations granted a permit for a public display, it is currently 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 certain ground-based fireworks to be sold and discharged within city limits. Details of this request can be found in Attachment 2. The Community Services and Safety Committee had a preliminary discussion of the proposal at its February 14, 2022 meeting, and concluded by directing staff to prepare an ordinance for presentation to the Committee of the Whole. They also requested that staff conduct additional outreach to gather community feedback. Staff presented the proposal to the Equity and Social Justice Commission, and solicited community input via the city website and social media accounts. Comments from ESJ members were mixed, but there was interest in knowing how this change would benefit the city, and if the city was prepared to outreach to non-English speakers should the ordinance be adopted. While ground-based fireworks present less of a safety concern than aerials or explosives, they are not without risk of fire or injury, particularly with the increasingly dry summers experienced in our region. The draft ordinance contains a provision stating the fire official can prohibit all fireworks in periods of extreme fire danger. The majority of Zone 3 fire agencies maintain a complete ban, although in King County, the cities of Auburn, Enumclaw, Normandy Park, and Snoqualmie allow these types of fireworks. The draft ordinance has been prepared in collaboration with the Deputy Fire Chief. It details the types of fireworks that would be allowed to be sold and discharged, limitations on discharge, and outlines the requirements for temporary fireworks stands to be located in the city. Issuing permits for temporary fireworks stands will be under the purview of the Fire Marshal Office. Due to staffing impacts on the Fire Marshal Office, the draft ordinance proposes no more than four stands be allowed per year. 51 INFORMATIONAL MEMO Page 2 State law allows the sale and use of legal fireworks only at certain times around the 4th of July and New Year's Eve. The specific dates and times are outlined in the draft ordinance. Cities are able to limit those dates further, but an ordinance that is more restrictive than state law cannot take effect for one year after adoption. RECOMMENDATION Staff is seeking Committee of the Whole direction on the proposed ordinance. ATTACHMENTS • Draft ordinance • Resident Proposal 52 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2650 §7 (PART) AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 16.16.040, SUBPARAGRAPH FF, TO UPDATE REGULATIONS REGARDING FIREWORKS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to amend the Tukwila Municipal Code to allow for the sale and use of non -aerial and non -explosive consumer fireworks in the City of Tukwila; and WHEREAS, the City Council desires to establish safety regulations associated with the use of legal consumer fireworks; and WHEREAS, the City Council intends to assess the implementation of this ordinance after one year; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 16.16.040 Amended. Ordinance No. 2650 §7 (part), as codified at Tukwila Municipal Code Section 16.16.040, subparagraph FF, is amended to read as follows: FF. Section 5608 of the International Fire Code entitled "Fireworks Display" is amended by substituting the following subsection 5608.2: Section 5608.2 Fireworks Prop edRegulations. No person, firm or corporation shall manufacture, sell, or store fireworks in the City of Tukwila, except for a person granted a permit for a temporary fireworks stand or public display of fireworks shall be allowed to buy, possess, and store fireworks according to the permit granted. 1. Fireworks Discharge Prohibited. No person shall ignite or discharge any fireworks at any time. CC: Legislative Development\Fireworks regulations—legal consumer fireworks 3-31-22 LH:bjs Page 1 of 5 53 Exceptions: a. Displays authorized by permit issued by the City pursuant to RCW 70.77.260(2) now enacted or as hereafter amended. b. Use by a group or individual for religious or other specific purposes on an approved date at an approved location pursuant to a permit issued pursuant to RCW 70.77.311(2)(c) now enacted or as hereafter amended and as required by Tukwila Municipal Code. c. Use of trick and novelty devices as defined in WAC 212-17-030, as amended, and as hereafter amended and use of agricultural and wildlife fireworks as defined in WAC 212-17-045,as amended and now enacted or as hereafter amended. d. Legal consumer fireworks, as defined by RCW 70.77.136 now enacted or as hereafter amended, are small devices designed to produce: (1) visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission; and (2) audible effects such as a whistling device, ground device containing 50 milligrams or less of explosive materials—provided that devices that are aerial, airborne, discharged, launched, or explode are prohibited. 2. Limitation on Use of Legal Consumer Fireworks. a. It is unlawful for any person under the age of 16 years to possess, use, discharge, or transport any fireworks unless under immediate supervision of an adult (18 years old or older). It is unlawful for any person or entity to sell or give fireworks to anyone under the age of 16 years unless that person is under the immediate supervision of an adult (18 years old or older). b. It is unlawful for any person to smoke within 25 feet of any building or stand in which fireworks are sold at retail or stored after hours. c. It is unlawful for any person to discharge any fireworks, or to permit the discharge of fireworks, within 300 feet of any structure, combustible material, or person, or any building or stand in which fireworks are sold at retail or stored after hours. d. It is unlawful at any time to throw or toss any fireworks at any person, animal, vehicle, thing or object. e. It is unlawful to have in possession or to use, fire, or discharge any fireworks in any public park within the City, including vehicle parking areas within or adjacent to a park. f. During periods of extreme fire danger, the local fire official may prohibit the discharge of all fireworks including those described in subparagraph FF.1.d above. g. Legal consumer fireworks may only be used or discharged within the City on the following days and times as provided in RCW 70.77.395: From 12:00 noon to 11:00 p.m. on June 28th of each year; From 9:00 a.m. to 11:00 p.m. on each day from June 29th through July 3rd of each year; CC: Legislative Development\Fireworks regulations—legal consumer fireworks 3-31-22 LH:bjs 54 Page 2 of 5 From 900 a.m. to 12:00 midnight on July 4th of each year; From 9:00 a.m. to 11:00 p.m. on July 5th of each year; and From 6:00 p.m. on December 31 until 1:00 a.m. on January 1 of the subsequent year. 3. Temporary Fireworks Stands. Retail sales of fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is prohibited. Temporary stands shall be subject to the following conditions: a. It is unlawful for any person, firm or corporation to engage in the retail sale of any fireworks within the city limits of Tukwila without first obtaining a City business license. b. Applications for temporary fireworks stand permits shall be made to the local fire official, and must be accompanied by the appropriate application fee in accordance with the fee schedule adopted by resolution of the City Council. Pursuant to this chapter, applications may be filed only during the period between April 15 and June 1st of the year for which the permit is sought. c. Any issued permit shall be used only by the designated permittee and shall be nontransferable. d. The maximum number of permits issued by the City in any year shall not exceed four. Applications shall be reviewed on a first-come, first served basis. e. A temporary fireworks stand permit shall be issued only upon compliance with the following terms and conditions: (1) The applicant shall have a valid and subsisting Washington State fireworks license issued by the Washington State Patrol authorizing the holder thereof to engage in the fireworks business. (2) The applicant shall provide proof of a liability insurance policy with coverage of not less than $50,000; and $500,000 for bodily injury liability for each person wand occurrence, respectively; and not less than $50,000 for property damage liability for each occurrence, or such policy as may comply with, or exceed, the requirements of RCW 70.77.270. f. Temporary fireworks stands shall be erected under the supervision of the Fire Department and shall conform to the following minimum standards: (1) Temporary fireworks stands shall not be located: Within 100 feet of any gasoline stations, oil storage tanks, or premises where flammable liquids are kept or stored; Closer than 20 feet to buildings, combustibles, parking, storage, public roads, motor vehicle traffic, or generators; Within 25 feet of any property line; CC: Legislative Development\Fireworks regulations—legal consumer fireworks 3-31-22 LH:bjs Page 3 of 5 55 Within 100 feet of tents, other fireworks stands, fuel dispensing devices, retail propane dispensing stations, flammable liquid storage, and combustible storage; and Within 300 feet of bulk fuel storage. (2) Each temporary fireworks stand shall have at least two exits that shall be unobstructed at all times and located as far from each other as possible. Parking for customers shall be located at least 20 feet away from the stand. (3) Each temporary fireworks stand shall have fire extinguishers in a readily accessible place and approved by the Fire Department as to location within the stand, number and type. No smoking shall be permitted in or near a fireworks stand, and signs reading "NO SMOKING WITHIN 25 FEET" shall be prominently displayed on the fireworks stand. (4) Each stand shall be operated by adults (18 years old or older) only. No fireworks shall be left unattended in a stand. (5) All weeds and combustible materials shall be cleared from the location of the stand to at least a distance of 20 feet. (6) All unsold fireworks, cartons and other rubbish shall be removed from the location and from the City by 12:00 noon on July 6 each year. The fireworks stand shall be dismantled and removed from the location by 12:00 noon on July 10 each year. (7) Fireworks shall not be discharged within 300 feet of a fireworks stand. Signs reading "NO FIREWORKS DISCHARGE WITHIN 300 FEET" shall be in letters at least two inches high, with a principal stroke of not less than one-half inch on contrasting background, and such signs shall be conspicuously posted on all four sides of the stand. (8) Fireworks retailers shall not knowingly sell fireworks to persons under the age of 16 and shall require proof of age by means of display of a driver's license or photo identification card issued by a public or private school, state, federal or foreign government showing a photograph and date of birth. (9) Retail sales of legal consumer fireworks shall only be allowed within the City on the following days and times as provided in RCW 70.77.395 as now enacted or hereafter amended: From 12:00 noon to 11:00 p.m. on June 28th of each year; From 9:00 a.m. to 11:00 p.m. on each day from June 29th through July 4th of each year; From 9:00 a.m. to 9:00 p.m. on July 5th of each year, From 12:00 noon to 11:00 p.m. on each day from December 27th through December 31st of each year. (10) If the fireworks stand is proposed for placement on leased property, the applicant shall provide an affidavit from the property owner that the use is acceptable. CC: Legislative Development\Fireworks regulations—legal consumer fireworks 3-31-22 LH:bjs 56 Page 4 of 5 24. Any person who violates any portion of this ordinance shall be subject to have their fireworks subject to seizure by the Tukwila Police Chief, or designee, as provided for in RCW 70.77.435; and shall be guilty of a civil violation and penalty as provided in TMC Chapter 8.45. 5. Any person who uses or discharges fireworks in a reckless manner that creates a substantial risk of death or serious physical injury to another person or damage to the property of another is guilty of a gross misdemeanor and shall be punishable by a maximum penalty of 364 days in jail and/or a $5,000 fine. Upon conviction, the sentencing court may order restitution for any property damage or loss caused by the offense. Section 2. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2022. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: CC: Legislative Development\Fireworks regulations—legal consumer fireworks 3-31-22 LH:bjs Page 5 of 5 57 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. 58 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 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 59 60 Community Services & Safety Committee Minutes February 14, 2022 D. Safe and Sane Fireworks Proposal Staff is seeking Committee direction on a resident's proposal to amend the Fireworks Code to allow ground-based fireworks in the City. Items) for follow-up: • Conduct public outreach on proposal Committee Recommendation: Unanimous approval to prepare ordinance for consideration by Committee of the Whole. II. MISCELLANEOUS The meeting adjourned at 6:44 p.m. 2Lommittee Chair Approval Minutes by LH 61