HomeMy WebLinkAboutReg 2022-04-18 Item 6D - Ordinance - Fireworks Regulations UpdateCOUNCIL AGENDA SYNOPSIS
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Meeting Date
Prepared by
Mayor's review
Council review
4/11/22
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4/18/22
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ITEM INFORMATION
ITEM No.
6.D.
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
Mtg Date 4/11/22
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
® Ordinance
Mtg Date 4/18/22
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ® Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
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 ® 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
Forward to next Regular Meeting
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
Informational Memo (updated after 4/11 Committee of the Whole)
Ordinance (updated after 4/11 Committee of the Whole)
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i City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Committee of the Whole
FROM: Laurel Humphrey, Legislative Analyst
DATE: April 1, 2022 (Updated following 4/11/22 Committee of the Whole)
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.
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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.
Committee of the Whole Follow-up
The City Council discussed the draft ordinance at the April 11, 2022 Committee of the Whole
meeting and arrived at consensus to move it forward for potential action with the following
information requests.
1. Provide list of allowed fireworks
Legal
Illegal
Party Poppers All Aerial Devices
Booby Traps Sky Rockets
Snappers Missile -Type Rockets
Sparklers Helicopters
Cylindrical and Cone Fountains Aerial Spinners
Illuminating Torches Roman Candles
Wheels Mines, Shells
Ground Spinners Firecrackers and Salutes
Flitter Sparklers Chasers, Jumping Jacks
Smoke Devices
* Anything that leaves the ground, or produces a report or explosion is illegal. Any
combination of two or more effects is also illegal.
2. Provide information about how the city would address clean-up.
Residential streets - Public Works runs the street sweeper through residential
neighborhoods following the 4th of July holiday.
City Parks - Fireworks are prohibited in all city parks and this ordinance would not
change that. Despite this, fireworks litter has been a persistent issue for parks
maintenance staff. Staff proposes to partner with community groups to help with
park clean up under the direction and supervision of park maintenance staff and with
city -provided equipment. Any safety campaign material should reinforce the illegality
of using fireworks in city parks.
3. Strengthen language around intent to pilot the revised fireworks law
In consultation with the City Attorney following the Committee of the Whole meeting,
staff is recommending not adding language establishing a one-year automatic sunset.
To do so would result in an unintended consequence of having state fireworks law
then take effect, which is more permissive than this ordinance.
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INFORMATIONAL MEMO
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Further, the legalization of ground-based fireworks as outlined in this draft ordinance
would be in effect longer than the one-year pilot discussed by the Council. Per RCW
70.77.250(4), "Any ordinances adopted by a county or city that are more restrictive
than state law shall have an effective date no sooner than one year after their
adoption." This means that if the City Council reviews the implementation of this
ordinance early in 2023, and then decides to reinstate a complete ban on all personal
use of consumer fireworks, that could not take effect until one year after the new
ordinance is adopted. Here is a sample timeline to explain that concept:
April 19, 2022
City Council adopts ordinance allowing ground-based
fireworks
January 2023
City Council reviews the implementation of the ordinance
(reflecting upon 4th of July and New Year's Eve holidays in
2022). The Council could decide that allowing_ground-based
fireworks worked well for the City. The Council could also
decide that it would like to reinstate a complete ban.
February 2023
City Council adopts an ordinance reinstating a complete ban,
which is more restrictive than state law and so requires one
year before taking effect.
February 2024
Restored ban of all personal use of consumer fireworks takes
effect.
Staff has revised the third recital and added a fourth to clarify the timing of future
decision-making.
RECOMMENDATION
Staff is seeking Committee of the Whole direction on the proposed ordinance.
ATTACHMENTS
• Draft ordinance
• Resident Proposal
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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 no later than February 2023; anc
WHEREAS, should the City Council determine that a complete fireworks ban is in the
best interest of the City of Tukwila, it will adopt an authorizing ordinance to take effect
after a period of one year pursuant to RCW 70.77.250;
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 Regulations. 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.
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1. Fireworks Discharge Prohibited. No person shall ignite or discharge any
fireworks at any time.
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 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.
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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;
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
and 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;
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Closer than 20 feet to buildings, combustibles, parking, storage,
public roads, motor vehicle traffic, or generators;
Within 25 feet of any property line;
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.
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(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.
4. Any person who violates any portion of this ordinance shall 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:
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