HomeMy WebLinkAboutOrd 1787 - Ban Discharge of Fireworks (Repealed by Ord 2650)City of'Tukwila
Washington
Cover page to Ordinance 1787
The full text of the ordinance follows this cover page.
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Ordinance No. 1 787
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, BANNING THE DISCHARGE OF FIREWORKS WITHIN THE
CORPORATE LIMITS OF THE CITY OF TUKWILA; ESTABLISHING EN-
FORCEMENT AUTHORITY, ESTABLISHING PENALTIES FOR VIOLATION;
REPEALING ORDINANCE NO. 1708; PROVIDING FOR SEVERABILITY; AND
SETTING AN EFFECTIVE DATE.
WHEREAS, the Tukwila City Council wishes to represent the majority opinion of its citi-
zens on the issues of the discharge of fireworks in the City, and
WHEREAS, in a February, 1996 survey in the Hazelnut, the survey showed 151 votes to
ban fireworks, 25 votes opposing a ban, and 125 votes for keeping the then current restriction of
allowing the discharge of fireworks only on July 4th, and
WHEREAS, the City Council found public opinion too closely divided between those
wanting and those not wanting a ban on fireworks to warrant a change in the ordinance without
further information, and
WHEREAS, the Council authorized an advisory vote on the November 5, 1996 ballot, ask-
ing whether citizens supported or opposed a ban on the sale and discharge of fireworks, and the
vote tally was 2,432 voters supporting a ban and 2,212 opposing a ban, leaving a margin of 52.3%
pro -ban to 47.6% anti -ban;
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHING-
TON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ban on Fireworks Discharge. No person or persons shall ignite, explode or dis-
charge any fireworks or firecrackers within the city limits of Tukwila, except as provided below:
A. Exceptions.
1. Use by a group or individual for religious or other specific purposes on an
approved date an approved location pursuant to a permit issued pursuant to
RCW 70.77.311.
2. Use of trick and novelty devices as defined in WAC 212.17.030, and use of
agricultural and wildlife fireworks as defined in WAC 212.17.045.
3. Public Display of Fireworks
a. "Public displays of fireworks" are defined as an entertainment feature
where the public is admitted or permitted to view the display or discharge of
fireworks.
b. Public displays of fireworks shall be allowed pursuant to the defini-
tions and permit provisions found in RCW 70.77.255, 70.77.260 (2), 70.77.280
through 70.77.295, and City requirements in subsections (C), (D), and (E) be-
low.
C. Applications for public display of fireworks shall be made in writing
at least fourteen (14) days before the proposed display. The Fire Marshal
shall investigate the safety, supervision, responsibility and preparation for
the display, and shall report to the City Council those findings.
Section 2. Enforcement Authority. The Chief of Police and Fire Marshal are both directed
to administer and enforce the provisions of this chapter. Upon request by the Chief of Police or
the Fire Marshal, all other City departments and divisions are authorized to assist them in enforc-
ing this Chapter.
Section 3. Penalties. Any person who violates any portion of this ordinance shall be sub-
ject to having their fireworks confiscated as provided for in RCW 70.77.435, and shall be guilty of a
civil violation and penalty as provided in TMC 8.45.
Section 4. Repealer. Ordinance 1708 is hereby repealed.
Section 5. Severability. If any section, sentence, clause or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 6. 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 (5) days after passage
and publication as provided by law.
PASSED BY THE CITY COU CIL OF THE QTY OF TUKWILA, WASHINGTON, at a
day of AV-L. 1996.
Regular Meeting thereof this 9
ATTEST /AUTHENTICATED:
E. Cantu, City Clerk
APPROVED AS TO FORM:
Office of the City A rney
d. The City Council shall review all permit applications for a public dis-
play of fireworks, and shall have the power, based upon the finding of their
investigation, to grant or deny any application for a permit, or to subject the
same to such reasonable conditions, if any, as they shall prescribe. Said deci-
sion to grant, deny, or grant subject to conditions shall be in writing with
findings and conclusions provided therein in support of the City Council's
decision.
e. The fee for a public display shall be $100.
f. Permits granted shall be in effect for the specified single event, date
and time specified in the permit. Such permit shall not be transferable.
g. Any applicant who feels he /she has been denied a permit for reasons
other than those set forth in this section, is entitled to appeal the written de-
cision in accordance with procedures set forth in T.M.C. 8.45.060 relating to
appeals from notice and orders.
44144 Ad
J04 W. Rants, Mayor
FILED WITH THE CITY CLERK: /2
PASSED BY THE CITY COUNCIL: /a y y 4 �S
PUBLISHED: /o? J�
EFFECTIVE DATE: /o? Z
ORDINANCE NO.: 717
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, BANNING THE DISCHARGE OF FIREWORKS
WITHIN THE CORPORATE LIMITS OF THE CITY OF
TUKWILA; ESTABLISHING ENFORCEMENT AUTHORITY,
ESTABLISHING PENALTIES FOR VIOLATION; REPEALING
ORDINANCE NO. 1708; PROVIDING FOR SEVERABILITY;
AND SETTING AN EFFECTIVE DATE.
On 9 96 the City Council of the City of Tukwila passed Ordinance
No. ?8 7 banning the discharge of fireworks in the City, except for those who fulfill
the requirements for a public display of fireworks; providing for severability and establishing
an effective date.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of LtAl 9, /ff7
Published Seattle Times: /2 /1/e.,
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 78 7
E. Cantu, City Clerk