AGENDA REPORT. FOR: City Council May 17, TO: Dave Zabell, City Manager Regular Meeting: 5/21/18

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1 AGENDA REPORT FOR: City Council May 17, 2018 TO: Dave Zabell, City Manager Regular Meeting: 5/21/18 FROM: SUBJECT: Bob Metzger, Police Chief Police Department Use of Personal Fireworks I. REFERENCE(S): Ordinance Amending PMC Chapter Fire Prevention Code Fireworks Communication Received II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No., Amending Section Substitution for Section 5608 of the IFC Fireworks ; Adopting Section Substitute for Section Fireworks ; Amending Section Amendment of Section Fireworks Permits, to the IFC ; Adopting Chapter 5.80 Fireworks Sales ; and Amending Section Business Licenses and further, authorize publication by summary only. III. IV. FISCAL IMPACT: HISTORY AND FACTS BRIEF: In 1996, the City of Pasco, along with Franklin County and the City of Kennewick, passed ordinances prohibiting the use of personal fireworks. This ordinance was passed as a result of a significant number of structural and wildland fires that occurred during the firework sale period beginning June 28 and ending July 5. Most of the fires were determined to have been caused by the discharge of illegal fireworks by citizens discharging personal fireworks. V. DISCUSSION: Based on prior council discussions, staff has prepared the proposed ordinance in coordination with the city attorney for consideration by the City Council. In brief, this ordinance would allow for the following:

2 1. The sale and use of consumer fireworks as defined by RCW Persons under the age of 16 may not possess, use, discharge or transport consumer fireworks except under supervision of an adult (18 or older). 3. Restrictions on where consumer fireworks may be discharged. 4. Restricts sale of consumer fireworks to commercially zoned properties 5. Restricts dates and times of sale. 6. Establishes licensing requirements, penalties and safety considerations The ordinance is consistent with state guidelines and has been reviewed thoroughly and is supported by the Police and Fire departments. Attached is the proposed ordinance as well as comments received from the public. Staff is recommending that the City Council approve the ordinance as presented.

3 ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington Amending Section Substitution for Section 5608 of the IFC Fireworks ; Adopting Section Substitution for Section of the IFC Fireworks ; Amending Section Amendment of Section Fireworks Permits, to the IFC ; Adopting Chapter 5.80 Fireworks Sales and Wholesale Distribution ; and Amending Section Business Licenses WHEREAS, the City of Pasco has found that fireworks when purchased and used in compliance with the laws of the State of Washington and according to the provisions and requirements of this Ordinance, are legal; and WHEREAS, the City of Pasco has found that its current Pasco Municipal Code provisions banning the storage, sale, possession, or discharge of any fireworks shall be amended to allow under certain conditions the sale and discharge of fireworks that are not specifically banned. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section entitled Substitution for Section 5608 of the IFC Fireworks of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: SUBSTITUTION FOR SECTION 5608 OF THE IFC FIREWORKS DISPLAY. Section of the International Fire Code is hereby amended to read as follows: Section FIREWORKS DISPLAY: Except as herein provided, it shall be unlawful for any person to store, offer for sale, expose for sale or use, possess, fire, or discharge any fireworks. The Fire Chief shall have the authority to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks by the municipality, fair association, amusement parks, and other organizations. Every such display shall be handled by a competent operator approved by the Fire Chief. Every operator shall have first obtained a Washington State Pyrotechnic license pursuant to RCW and WAC Chapter The display shall be of such a character, and so located, discharged or fired as in the opinion of the Fire Chief after proper inspection, shall not be hazardous to property or endanger any person. Violation of this subsection shall constitute a civil infraction punishable by a civil penalty not to exceed two hundred and fifty dollars ($250.00) for each violation. EXCEPTIONS: Any person having the necessary licenses from the State of Washington may possess and store fireworks in the City of Pasco at an approved location properly zoned therefore, for the purpose of the distribution of such fireworks for retail sale outside the city limits. (Ord. 4108, 2013; Ord. 3694, 2010; Ord Sec. 12, 2004; Ord Sec. 14, 1998.) Ordinance Fire Prevention Code - 1

4 Section 2. That a new Section entitled Substitution for Section of the IFC Fireworks of the Pasco Municipal Code shall be and hereby is adopted and shall read as follows: SUBSTITUTION FOR SECTION OF THE IFC FIREWORKS. (1) The possession, manufacture, storage, sale, handling of fireworks are prohibited except those permitted under subsection (2) below, or exempt under subsection (3) below. (2) Permitted Fireworks. Consumer fireworks as defined by RCW , which are small devices designed to produce audible affects such as a whistling device, ground device containing 50 milligrams or less of explosive materials, except aerial devices, or such other devices that may be launched, discharged, or may become airborne. Approved consumer fireworks for the purpose of this section shall be identified from the Washington State Patrol list of consumer fireworks pursuant to RCW and posted upon the City s website at and generally identified under the Washington State Patrol Fire Protection Bureau Prevention Division website as Consumer Fireworks for Sale in Tents and Stands. (3) Exceptions: (a) Storage and handling of fireworks as allowed in Section 5604 by persons or entities having the required licenses from the State of Washington for manufacture, storage and wholesale distribution of fireworks at a location zoned Industrial and approved by the City for the purpose of the distribution of such fireworks for retail sale in or outside City limits. (b) The use of fireworks for fireworks displays as allowed in Section 5608 (Fireworks Display). (c) Possession, storage, sale, and handling of specific consumer fireworks as defined in subsection (2) above. (4) The City Manager or his/her designee, after consulting with the fire chief, police chief, other officials and information as deemed appropriate, may prohibit the discharge of all fireworks during periods of extreme fire emergency. The City Manager or his/her designee shall consider relevant advisory notices from such organizations as Emergency Management Division Washington, Franklin County Emergency Management and regional declarations of emergency in making a decision to enact emergency restrictions on the discharge of fireworks. (5) Retail sales of permitted consumer fireworks, as provided in section (2) above, shall be allowed within City limits in certain zones and during specific dates of each year and also subject to other criteria as provided for in this chapter and in PMC 5.80 Fireworks Sales and Wholesale Distribution. Ordinance Fire Prevention Code - 2

5 (6) Discharge of Fireworks. Permitted consumer fireworks may be used for discharge only on the dates and times permitted by RCW , consisting of each day between the hours of 12:00 noon and 11:00 p.m. on the 28 th day of June; between the hours of 9:00 a.m. and 11:00 p.m. on the 29 th day of June to the 3 rd day of July; on the 4 th day of July between the hours of 9:00 a.m. and 12:00 midnight; between the hours of 9:00 a.m. and 11:00 p.m. on the 5 th day of July; and from 6:00 p.m. on the 31 st day of December until 1:00 a.m. on the 1 st day of January the subsequent year. (7) Limitation on Use. (a) Supervision. It shall be unlawful for a parent, guardian, or other person responsible for a child under the age of sixteen (16) to allow that child to possess, use, discharge, or transport any fireworks unless that child is under the immediate supervision of an adult. It shall be unlawful for any person under the age of sixteen (16) to possess, use, discharge, or transport any fireworks unless under immediate supervision of an adult (18 years old or older). It shall be unlawful for any person or entity to sale or give fireworks to anyone under the age of sixteen (16) years unless that person is under the immediate supervision of an adult (18 years old or older). (b) Smoking and the discharge of fireworks shall be prohibited within 100 feet of any building or stand in which fireworks are sold at retail or stored after hours, or to discharge or permit discharge of fireworks in close proximity to any structure, combustible material, or person creating unreasonable risk of harm. (c) It is unlawful to use, fire, or discharge any fireworks along the route of or during any parade or other place of public assembly, or in any commercial district. (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, use, fire, or discharge any fireworks in any public park within the City, including vehicle parking areas, within or adjacent to a park. (8) Violation of this Chapter shall constitute a civil infraction punishable by a civil penalty of not less than $ for each violation. Each discharge of a non-permitted firework shall be deemed a separate offense. Section 3. That Section entitled Amendment of Section Fireworks Permits, to the IFC of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: AMENDMENT TO SECTION VIOLATIONS AND PENALITES OF THE IFC. Section of the 2015 International Fire Code is amended to read as follows: Section Violations Penalties: Except for violations of PMC Section , any person, firm or corporation violating a provision of this chapter which is not also a violation of Ordinance Fire Prevention Code - 3

6 any other provisions of this Title or the codes adopted thereby, or shall fail to comply with the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or direction of the fire code official, or of a permit or certificate used under the provisions of this chapter, or operate or maintain an occupancy, premises, or vehicle subject to this chapter who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises, or vehicle when ordered to do so by the fire code official, shall be guilty of a gross misdemeanor. Each day that violation continues after due notice has been served, shall be deemed a separate offense. (Ord. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord Sec. 12, 2004; Ord Sec. 14,1998.) Section 4. That a new Chapter 5.80 entitled FIREWORKS SALES AND WHOLESALE DISTRIBUTION of the Pasco Municipal Code shall be and hereby is adopted and shall read as follows: Sections: Chapter 5.80 FIREWORKS SALES AND WHOLESALE DISTRIBUTION License Required Premises Permit Fee Term of License Application for License Investigation and Determination Timing for Filing of Application Fireworks Sales Requirements Code Infraction Civil Penalty Revocation of License Appeal LICENSE REQUIRED. It shall be unlawful for any person or entity to conduct, operate, sponsor, distribute, or promote a retail fireworks sales business for the purpose of buying or selling fireworks without a license issued by the City pursuant to the provisions of this chapter. A separate license shall be required for each retail and distribution location PREMISES. The business of selling or distributing retail consumer fireworks shall be conducted only within a temporary stand or tent as approved by the City Fire Marshal at a location that meets the distance requirements as provided below within a commercial zone PERMIT FEE. The nonrefundable fee for this fireworks sales business license shall be set forth in PMC (E)(13). A separate fee shall be imposed for each license term (Fourth of July and the New Year s license term). Ordinance Fire Prevention Code - 4

7 TERM OF LICENSE. There are two (2) fireworks sales license terms for which an applicant may apply. The Fourth of July license term shall commence at 12:00 a.m. on the 28 th of June of each year; and terminate at 9:00 p.m. on the 5 th day of July of each calendar year. The New Year s license term shall commence at 12:00 noon on the 27 th day of December of each year, and expire at 11:00 p.m. on the 31 st of December of each year. The City will issue a maximum of two (2) wholesale distribution licenses, and only four (4) firework sales licenses within a 12-month period. If approved, the licenses will be issued on a first come basis APPLICATION FOR LICENSE. Any person or entity desiring to secure a fireworks sales license shall make application through the City s Business Licensing Service on a form to be provided by the City which shall include, but not be limited to the following: (1) The name or names and address of the applicant, the location or locations upon which the fireworks sales shall be conducted, and a notarized written authorization from the real property owner of the location or locations upon which fireworks sales shall occur. (2) A valid Washington State license and proof of a liability insurance policy with coverage of not less than $50,000; and $500,000 for bodily injury liability for each person or occurrence, respectively; and not less than $50,000 for property damage liability for each occurrence, or such policy as may comply with the requirements of RCW INVESTIGATION AND DETERMINATION. Upon receipt of the completed application, supplemental documentation, and the application fee, the City Business Licensing Service shall refer the application to the City Fire Marshal, who shall conduct an investigation and inspection of the applicant, business activity, and business locations to determine compliance with applicable codes, siting requirements, eligibility of the applicant, including the applicant s past compliance with applicable rules, regulations, and ordinances. The Fire Marshal shall submit a report of findings and a determination to approve or deny the license application. Denial of the application may be appealed by the applicant as provided below TIMING FOR FILING OF APPLICATION. An application for fireworks sales business license for the Fourth of July license term shall be submitted no later than June 11, 2018 for the 2018 calendar year. The application shall be granted or denied by the City on or before 5:00 p.m. on June 20, 2018 for the 2018 calendar year. In all the years thereafter, a completed application shall be submitted to the City no later than May 10 which application shall be approved or denied by June 10, or no more than thirty (30) days after receipt of the completed application, whichever date first occurs. Applications for the New Year s license term shall be submitted no later than November 10 of each year and shall be approved or denied by the City by December 10, or no more than thirty (30) days after receipt of the completed application, whichever date first occurs FIREWORKS SALES REQUIREMENTS. A) Applications for license shall not be accepted nor license issued to individuals under the age of eighteen (18) years of age. No person under the age of eighteen (18) years of age shall be employed by the licensee in connection with the retail sales of fireworks. Ordinance Fire Prevention Code - 5

8 B) Retail sales of consumer fireworks shall only be allowed within the City from 12:00 noon to 11:00 p.m. on the 28 th day of June of each year; from 9:00 a.m. to 11:00 p.m. on each day from the 29 th of June through the 4 th of July of each year; and from 9:00 a.m. to 9:00 p.m. on the 5 th day of July for the Fourth of July license term. Sale of fireworks shall only be allowed within the City from 12:00 noon to 11:00 p.m. on each day from the 27 th of December through the 31 st day of December of each year during the New Year s license term as required by RCW C) Fireworks sales shall only be permitted in commercial zones within the City. D) Fireworks inventory, storage and sales shall only be permitted within temporary stands or tents as approved by the Fire Marshal of the City, and shall be prohibited within permanent structures or the locations which pose a safety risk. E) Fireworks stands shall provide no smoking signs in red letters, not less than 2 in height, on white background. All signs shall be maintained in a legible condition and shall be placed and displayed so as to be clearly visible and readable a minimum of 20 feet from the location in which fireworks are sold or stored. F) Each firework sales location shall have not less than two water-type extinguishers of not less than two and one-half gallon capacity or the equivalent. G) There shall be at least two exits from all stands and temporary structures from which fireworks are sold. The two exits shall be unobstructed and open from the ground level to at least six feet in height. H) There shall be no accumulation of dry grass, paper, cardboard, trash, lumber, or other combustibles within 100 feet of any fireworks sales location. I) Fireworks shall not be sold within 100 feet of any flammable or combustible liquid or liquid petroleum gas dispenser. J) The fireworks sales stand used for the sale of fireworks shall be removed from the premises no later than seven (7) days from the last date of sales. Any stand or structure remaining beyond this date may be removed by order of the Pasco Chief of Police at the expense of the licensee or property owner. K) The fireworks business licensee shall distribute, with each sale of fireworks, safety literature as approved by the City of Pasco Fire Marshal. The Fire Marshal may require approved safety posters to be mounted in conspicuous locations at each fireworks sales location. L) It is unlawful for any person or entity to sale or give fireworks to anyone under the age of sixteen (16) unless that person is under the immediate supervision of an adult (18 years of age or older). Signs shall be posted prominently at each fireworks sales location which state: Ordinance Fire Prevention Code - 6

9 IT IS UNLAWFUL TO SALE OR GIVE FIREWORKS TO ANYONE UNDER THE AGE OF SIXTEEN (16) YEARS UNLESS THAT PERSON IS UNDER THE IMMEDIATE SUPERVISION OF AN ADULT EIGHTEEN (18) YEARS OF AGE OR OLDER. IT SHALL BE UNLAWFUL FOR A PARENT, GUARDIAN, OR OTHER PERSON RESPONSIBLE FOR A CHILD UNDER THE AGE OF SIXTEEN (16) YEARS OF AGE TO ALLOW THAT CHILD TO POSSESS, USE, DISCHARGE, OR TRANSPORT ANY FIREWORKS UNLESS THAT CHILD IS UNDER THE IMMEDIATE SUPERVISION OF AN ADULT. M) Smoking and the discharge of fireworks shall be prohibited within 100 feet of any fireworks sales location. N) There shall be prominently posted at each fireworks sales location a list of the fireworks that may be sold to the public and approved for sale within the City of Pasco as required by RCW O) The fireworks business license shall be conspicuously posted at each fireworks sales location and shall be produced for inspection upon the request of any authorized City official or employee. P) The firework sales location cannot be within 50 feet of any structure and cannot be within 25 feet of any property line or City right-of-way. The actual location of structures and improvements must comply with the approved site plan CODE INFRACTION - CIVIL PENALTY. Any person or entity violating any of the provisions or failing to comply with any requirements of this chapter, upon a finding that the act or omission has been committed, shall be guilty of a civil infraction and shall be punished by a fine of not less than one hundred fifty dollars ($150.00) no more than three hundred fifty dollars ($350.00). Each such person or entity is guilty of a separate infraction for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person or entity and shall be punished as stated above REVOCATION OF LICENSE. Any license issued under this Chapter may be revoked, in writing, by the City Manager upon determination by the City Fire Marshal for any of the following causes: A) Any fraud, misrepresentation, or false statement contained in the application for the license. B) Any fraud, misrepresentation, or false statement made in connection with the selling of any products at the fireworks sales location. Ordinance Fire Prevention Code - 7

10 C) Any violation of this chapter. D) Causing or permitting an unreasonably dangerous condition to exist, or conduct or action at a fireworks sales location that creates an unreasonable risk of harm. E) Conducting the business license under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a substantial risk to the health, safety and general welfare of the public APPEAL. Any applicant of licensee aggrieved by the denial of an application for a license, or by the revocation of a license, shall have the right to an appeal before the City Hearing Examiner pursuant to PMC (G). Any appeal must be submitted in writing and filed with the City Clerk no later than fourteen (14) calendar days after the notice of decision has been served upon, or mailed by certified mail, to the applicant or licensee address contained in the license application, including a written statement setting forth the grounds for the appeal. Section 5. That Section entitled Business Licenses of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: BUSINESS LICENSES Fee/Charge Reference A) License Base Fee $ B) Employee Fee per full time equivalent $ C) Late Penalty: 1) Rentals Dwelling units, per license 20% of amount due D) Rental Dwellings includes first unit $ (No maximum fee) Each additional unit $ E) Special Events: 1) Athletic, Competitive or Festival $ ) Auction Sales for 3 days $ ) Carnivals & Circuses first day fee $ a) Each and every day after first $ ) Concert $ ) Dance Hall without liquor $ ) Dance Hall with liquor $ ) Demonstration $ Ordinance Fire Prevention Code - 8

11 8) Outdoor Music Festival $ ) Parade $ ) Public Dance $ ) Temporary Special Sales Event (maximum for event $500.00) a) Each additional vendor $ ) Street and Intersection Closure Review Fee 13) Fireworks Sales and Wholesale Distribution $40.00 for the first vendor $ (A)(5) a) Fourth of July License Term - fire safety inspection ($75.00) - license fee ($40.00) b) New Year License Term - fire safety inspection ($75.00) - license fee ($40.00) $ $ F) Solicitors $ G) Pawnshop $ H) Amusement Device Distributor $ ) Amusement Device User 1-6 machines $ ) Amusement Device User 6+ machines $ I) Adult Entertainment Facility: $ ) Adult Entertainer $ ) Adult Waitperson $ ) Adult Ent. Bus. Mgr. $ J) Taxicab & Transportation Network Company Licensing 1) Annual For-Hire (Taxicab/TNC) Business License Application Review And Business License Fee in the amount as follows: Companies employing or contracting with ten (10) or fewer drivers. $ A.040 Ordinance Fire Prevention Code - 9

12 Companies employing or contracting with eleven (11) to forty (40) drivers. Companies employing or contracting with forty-one (41) or more drivers. $ $2, ) Annual For-Hire Driver Business $ A.050 License 3) Photograph (as applicable) $ A.060 4) Fingerprints (as applicable) $ A.060 5) Criminal History Check (as applicable) $ A.060 6) WSP/FBI Criminal History Check $ A.060 K) Sidewalk Sales No fee L) Mobile Home Park 1) Inspection fee $ M) Yard Sale Permit No Fee ) Yard Sale Sign Violation $ (Ord. 4372, 2017; Ord. 4342, 2017; Ord. 4321, 2016; Ord. 4154, 2014; Ord. 4100, 2013; Ord. 4074, 2012; Ord. 3857, 2008; Ord. 3766, 2006; Ord. 3764, 2006; Ord. 3759, 2006; Ord. 3543, 2002). Section 6. This Ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of, Matt Watkins, Mayor ATTEST: Daniela Erickson, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Ordinance Fire Prevention Code - 10

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14 From: Charlie Grigg Sent: Thursday, May 17, :37 AM To: Dave Zabell; Craig Maloney; Blanche Barajas; David Milne; Saul Martinez; Pete Serrano; Ruben Alvarado; Matt Watkins Cc: 'Charles F Grigg'; 'Robin Grigg'; 'CJ Grigg'; 'Nicki Grigg' Subject: Legalization of Safe and Sane fireworks Council, I understand you are going to be voting on legalizing fireworks in the City of Pasco, to match what Richland is doing. We support doing that! We have sold fireworks in Eastern Washington for about 50 years, and look forward to having a fireworks stand out in front of our store again. It is short notice, but we can get it done! We would appreciate a Yes vote on Monday! Charlie Grigg Grigg Enterprises, Inc. Ace stores, 1887, 11682, 14467, (509) Work (509) Fax