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RESEARCH TOOLS › SAMPLE DOCS › ORDINANCES › Ordinance No. O2000-015
 
Tumwater, WA Ordinance No. O2000-015

Not an official copy.

City of Tumwater
Ordinance No. O2002-015

AN ORDINANCE amending Tumwater Municipal Code 9.24.210, "Fireworks," to prohibit the sale and discharge of fireworks on July 5, 2003 and thereafter and between December 27, 2002 and December 31, 2002 and thereafter as more particularly set forth herein.

WHEREAS, the Governor signed Senate Bill 6080 on April 4, 2002, which took effect June 13, 2002; and

WHEREAS, said SB 6080 in part amends RCW 70.77.395 allowing for the sale and discharge of consumer fireworks on July 5th of each year and during the period of December 27th through December 31st of each year; and

WHEREAS, the Tumwater City Council finds that it is in the best interests of the City to prohibit the use and discharge of fireworks on July 5th and between December 27th and December 31st; and

WHEREAS, RCW 70.77.395 (3) allows for a city to enact an ordinance to prohibit the sale, purchase, possession or use of consumer fireworks on July 5th and between December 27, 2002, through December 31, 2002, and thereafter as provided in RCW 70.77.250 (4); and

WHEREAS, by this enactment it is the intent of the City Council to maintain the status quo as set forth in Ordinance 1378, which has been in effect since 1993.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUMWATER, STATE OF WASHINGTON, DOES ORDAIN AS FOLLOWS:

Section 1. That Tumwater Municipal Code 9.24.210, "Fireworks," is hereby amended to provide as follows:

"9.24.210 Fireworks.

A. The City of Tumwater prohibits the sale, purchase, possession, or use of consumer fireworks at all times, including July 5, 2003 and thereafter and December 27, 2002, through December 31, 2002, and thereafter as provided in RCW 70.77.250 (4), with the following exceptions: the ignition or discharge of consumer fireworks within the city limits is permitted between the period from 9:00 a.m. and 11:00 p.m. on July 3 and 4 of every calendar year and the sale of consumer fireworks within the city limits is permitted from 9:00 a.m. on July 1, until 11:00 p.m. on July 4 of every calendar year.

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 product safety commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designated to produce audible effects, such as whistling devices, ground devices containing 50 mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials and classified as fireworks UN0336 by the United States department of transportation at 49 C.F.R. Sec. 172.101 as of the effective date of this section, and not including fused setpieces containing components which together exceed 50 mg of salute powder."

Section 2. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or other portion of this Ordinance, or its application to any person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof.

Section 3. This ordinance shall become effective thirty days after passage, approval and publication as provided by law.

DATED this ________ day of _______________________, 2002.

Ralph C. Osgood, Mayor

ATTEST:

Gayla L. Gjertsen, Clerk/Treasurer

APPROVED AS TO FORM:

Patrick L. Brock, City Attorney