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HomeMy WebLinkAboutBoard Approval to Notice a Public Hearing to Deliberate the Ban of Fireworks JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Josh Peters, County Administrator FROM: Jeremy Williammee, DCD Director DATE: June 1, 2026 RE: Board Approval to Notice a Public Hearing to Deliberate and Adopt by Ordinance Amendments to JCC 8.75 to Ban Fireworks in Jefferson County STATEMENT OF ISSUE: The Department of Community Development(DCD)/Office of the Fire Marshal requests Board of County Commissioners (BoCC) approval to notice a hearing to receive public comment and act regarding a new ordinance regarding fireworks regulations in Jefferson County. ANALYSIS: As instructed by the BoCC during an April 20, 2026 workshop, DCD and the Fire Marshal have coordinated with the Sheriff and Prosecuting Attorney's Office (PAO) to draft amendments to Jefferson County Code (JCC) 8.75. Further edits to the ordinance were made based on BoCC feedback received on May 26, 2026. The draft ordinance will ban fireworks in unincorporated Jefferson and update the fine structure for fireworks-related violations. The ordinance continues to provide a pathway for licensed public display subject to federal and state law and local special event review requirements. The Jefferson County Fire Chiefs Association has been provided with opportunities to comment and support the drafting of these regulation revisions. The PAO has provided ongoing guidance and has confirmed compliance with state requirements and best practices for this ordinance. FISCAL IMPACT: There are no direct fiscal impacts associated with this ordinance. RECOMMENDATION: Staff recommend that the Board hold the requested hearing and take appropriate action. REVIEWED BY: 5/J7/9-6 Jos Peters, County Administrator Date Please publish 2 times: June 3 and 8, 2026 Contact Person: Chelsea Pronovost Bill to: Department of Community Development 621 Sheridan St Port Townsend, WA 98368 NOTICE OF PUBLIC HEARING Public hearing for a new ordinance banning fireworks in Jefferson County. NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of Commissioners for MONDAY, June 15, 2026 at 3:00 p.m. in the Commissioners' Chambers, County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368 (HYBRID). Notice of said hearing is to be published in the official newspaper of Jefferson County. This hearing consists of changes to Jefferson County Code Chapter 8.75 regarding Fireworks regulations in the County. A portion of the draft ordinance consists of the authority to set a burn restriction level and seasonal burn restriction effective dates outside of the set annual restriction season period. The information is available for viewing on the County website by visiting: www.cojefferson.wa.us and follow this pathway—Services—Laserfiche Web Portal(usemame and password is: public)-Board of Commissioners—BOCC Agenda Packets—2026 Weekly Agenda Items— 15 JUNE 2026—061526—Hearing re Fireworks Ban You are welcome to participate in this hearing. You will need to join the meeting by 3:00 p.m. using the following methods: VIRTUALLY: Via the following Zoom, link: https://zoom.us/j/93777841705, PHONE: Dial 1-253-215-8782 and enter access code: 937-7784- 1705# and press *9 to"raise your hand"to be called upon. Access for the hearing impaired can be accommodated using Washington Relay Service at 1-800-833-6384,or IN-PERSON In addition, written testimony is also invited beginning on June 1, 2026 and ending on June 15, 2026 at the end of the Public Hearing, unless extended by the Board of County Commissioners. Written public testimony may be submitted by Email to:jeffbocc@cojefferson.wa.us You may view documents and testimony received by visiting: www.co.jefferson.wa.us and following this pathway—Services— Laserfiche Web Portal (username and password is public)—Board of Commissioners—BOCC Agenda Packets—2026 Weekly Agenda Items— 15 June 2026—061526 You can also Mail your testimony to: Jefferson County Commissioners' Office; P.O. Box 1220, Port Townsend, WA 98368. Written testimony must be received by the Board of County Commissioners by the end of the hearing testimony period. Signed this lst day of June 2026. JEFFERSON COUNTY BOARD OF COMMISSIONERS r /Sl 1111I' - y:° - ��iter mr�t4e STATE OF WASHINGTON County of Jefferson An Ordinance Amending Chapter 8.75 (Fireworks and Sky Lanterns)of the Jefferson ORDINANCE NO. County Code WHEREAS, Article XI, section 11 of the Washington Constitution, confers upon county legislative authorities the police power to adopt such local police, sanitary and other regulations as are not in conflict with general laws; and, WHEREAS, Article XI, section 11 of the Washington Constitution is a direct delegation of the police power to cities and counties, and the power delegated is as extensive within their sphere as that possessed by the legislature; and, WHEREAS,RCW 36.32.120(7)provides that the county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law; and, WHEREAS, police power is that inherent and plenary power which enables prohibition of all things hurtful to the comfort, safety and welfare of society;and, WHEREAS, the scope of police power is broad, encompassing all those measures which bear a reasonable and substantial relation to promotion of the general welfare of the people;and, WHEREAS, RCW 36.32.120(10) provides that county legislative bodies have the power to declare by ordinance what shall be deemed a nuisance within the county;to abate a nuisance at the expense of the parties creating, causing, or committing the nuisance; and to levy a special assessment on the land or premises on which the nuisance is situated to defray the cost, or to reimburse the county for the cost of abating it; and, WHERAS, RCW 70.77.250(4) provides that a county may adopt fireworks regulations that are more restrictive than state law,provided the local regulations must have an effective date no sooner than one year after their adoption; and, WHEREAS, the Jefferson County Board of County Commissioners (Board) has held a hearing and has received public comment on the draft ordinance proposed by staff; and, WHEREAS, the Board amended chapter 8.75 JCC on March 24, 2022, when it adopted Ordinance No. 3-0314-22; and, WHEREAS, increasing wildfire risk associated with changing climate patterns and shifting atmospheric conditions has resulted in longer periods of drought, elevated temperatures, and heightened fire danger, thereby necessitating more responsive and precautionary local regulation of fireworks to protect public health, safety, and property; and, WHEREAS, the Board recognizes the danger to public health, safety, and the environment; that noise created by fireworks is disruptive to many people and animals; and discourages their unsafe use; and, WHEREAS, in response to the public comment and testimony, additional improvements to the draft ordinance have been made, and, NOW,THEREFORE,be it ordained by the Board as follows: Section 1. Amending Chapter 8.75 JCC. The Board amends chapter 8.75 JCC as shown in Appendix A. A clean version of the amended chapter 8.75 JCC is in Appendix B. Section 2. Findings. The Board adopts the above recitals (the "WHEREAS" statements) as its findings of fact in support of this ordinance. Section 3. Severability. The provisions of this ordinance are declared separate and severable. If any provision of this ordinance or its application to any person or circumstances is held invalid, then the remainder of this ordinance or application of its provisions to other persons or circumstances shall remain valid and unaffected. Section 4. SEPA Compliance. This ordinance is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(19). Section 5. Effective Date. Changes to 8.75.070 (2)(a) regarding Civil Infractions shall be in full force and effect on the date of adoption of this ordinance. The remainder of this ordinance shall be in full force and effect one year after the date of adoption. (SIGNATURES FOLLOW ON NEXT PAGES) ADOPTED this day of 2026, at_•• —• a.m. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS Greg Brotherton, Chair Heidi Eisenhour, Member ATTEST: Heather Dudley-Nollette, Member APPROVED AS TO FORM: Carolyn Gallaway, Date Philip C. Hunsucker, Date Clerk of the Board Chief Civil Deputy Prosecuting Attorney RED LINE VERSION APPENDIX A—REPLACEMENT FOR CHAPTER 8.75 JCC Title 8-HEALTH AND SAFETY Chapter 8.75—FIREWORKS AND SKY LANTERNS PROHIBITED Sections: 8.75.010 Purpose and Construction. (1)This chapter supplements Chapter 70.77 RCW,and shall be construed in connection with that law and any regulations or rules issued pursuant that law. (2)It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public,and not to create or otherwise establish or designate any particular class or group of persons who will or should be specially protected or benefited by the terms of this chapter. (3)This chapter shall be liberally construed to carry out its broad purposes,allowing the local fire official to determine permissible consumer fireworks within their region of responsibility within Jefferson County. (4)Reference to the Revised Code of Washington(RCW)in this chapter is to the provision of the RCW as currently adopted or as may be amended in the future. 8.75.020 Definitions. In construing provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context,words used in this chapter shall be given their common and ordinary meaning and in addition,the following definitions shall apply: (1)"Agricultural and wildlife fireworks"has the same meaning as in RCW 70.77.141. (2)"Consumer fireworks"has the same meaning as in RCW 70.77.136. (3)"County fire marshal"means the person designated by the Board of County Commissioners pursuant to RCW 43.44.050(1)(b) with the police power to investigate the origin, cause, circumstances,and extent of loss of all fires within unincorporated areas of Jefferson County. (3) "Declaration of high fire hazard" means a declaration by the county fire marshal or their designee,or a local fire official or their designee,that a high fire hazard exists within their region of responsibility. (4)"Display fireworks"as in RCW 70.77.131. (5)"Fire hazard"means the accumulation of combustible materials in such a condition as to be readily ignited and in such a quantity as to create a hazard from fire to nearby structures,forest areas,life and property. RED LINE VERSION (6)"Fireworks"has the same meaning as in RCW 70.77.126. (7)"Fireworks waste"means any waste remaining after the discharge,manufacture,sale,storage, or transportation of fireworks,including,but not limited to,ashes,garbage,and rubbish. (8)"High fire hazard"means a period of hot,dry weather accompanied by low fuel moistures, where fires start quickly, spread furiously, and burn intensely and are difficult to control unless they are successfully attacked when the fires are small.It is during this period that wildland fires can be expected,and fire growth will be accelerated. (9)"Local fire official"means a fire chief of a fire district wholly or partially within Jefferson County or their designee. (10)"Public display of fireworks"has the same meaning as in RCW 70.77.160. (11)"Region of responsibility"means the fire district wholly or partially within Jefferson County for a local fire official,or the county as a whole for the county fire marshal. (12)"Sky lantern"has the same meaning as in RCW 76.04.005(19). (13)"Special effects"has the same meaning as in RCW 70.77.136. (+413)"Vehicle"means every device capable of being moved upon a highway and in,upon,or by which any person or property is or may be transported or drawn upon a highway."Vehicle"shall include but shall not be limited to automobiles,motorcycles,trucks,buses,motorized recreational vehicles,campers,travel trailers,and boat trailers."Vehicle"does not include devices moved by human or animal power,or used exclusively upon stationary rails or tracks. (4-514)"Vessel"means every species of watercraft or other mobile artificial contrivance,powered or unpowered,intended to be used for transporting people or goods on water or for floating marine construction or repair and which does not exceed two hundred feet in length. (415)"Wildland fire"means any non-structure fire that occurs in vegetation or natural fuels and includes fires originating from an unplanned ignition and unauthorized and accidental human caused fires. 8.75.030 Sky lanterns prohibited. It is unlawful for any person to ignite, light or launch any sky lantern within unincorporated Jefferson County. 8.75.035 Publication of Declaration of High Fire Hazard. The county fire marshal and each local fire official shall publish the declaration of high fire hazard in local media outlets for public review. RED LINE VERSION 8.75.040 Prohibited acts—Exceptions. Fireworks Ma,,Be a is r Di h god T my be sold o..discharged u nder D C W 70 77 395 oCW 7n 77 395 f p rchase Date from. To 'une',o„� year Neon 11:00 p.m. June' ear 11:00 p.m. July-I-each year 9:00 a.m. July ar 9:00 a.m. 1-1:00-p. (u'w y 3 each j ear 9 00-a-m. 11:00 p.m. July-4each yeaF 9+80-a-m. 1 00 p n► !Neon 4-1400-p.m.. Desember-2.8-eaoh-year Neon J AAA p m. Noon 11:00 p.m. Neon 1100 p m. DesembeF3-1-eash-year Neon tJse and Discharge ofCon.umcr Fi_eworks id d i..RCW 7n 77 411 Date Frea, To June-28 each year Noon I-1 00-p.m. inite 29 e__h•__ 9 Julys easlryear 9 BOA-p.m. J..l, ea ar 9:0-arm. a- p.m. July 3each eaF 9:00 a.m. 4-1410-p.m. July -a 9:9-art. Midnight, Neon Midnight January 1 ea"h. Midnight 1:00 p.m. • The. rove chart sh n be u pdated to be, intent.,ith th e c RCW 7n 77 Inc •f ♦har nded (12-) Discharge, Manufacture, Possession, Sale, Transportation.--Discharge, Storage, Transportation, or Use of Fireworks Is Prohibited . Except as permitted in this chapter, the discharge, manufacture, possession, sale, storage, or transportation of fireworks is prohibited-during ^ 'declaration of high fire hazard declared region of responsibility in unincorporated Jefferson County; provided, however, that this restriction shall not apply: (a)To the s r transport of consumer frework, . (ba)To the use by railroads or other transportation agencies for signal or illumination purposes; (eb)To the use of agricultural and wildlife fireworks; (dc)To the use of devices for vegetation management or wildfire firefighting tactics; RED LINE VERSION (ed)To the use of flares or fuses in connection with the operation of vehicles or vessels for signal purposes, or use by others for emergency signal purposes, or illumination of for use in forest protection activities,or for those other uses described in RCW 70.77.311. (ge)To the transportation of fireworks through the county as part of interstate commerce;or, (hf)To the public display of display fireworks by persons with the appropriate state licenses. 8.75.050 Public Display of Fireworks in the County. (1) Public display of fireworks in unincorporated Jefferson County is prohibited, unless an application has been approved for any permit required under JCC 8.20.030 (entertainment, amusement or assemblies permit), JCC 18.20.380 (temporary outdoor use permit) or JCC 18.20.390 (temporary festival conditional use), after a consultation with local fire officials consistent with RCW 70.77.260 prior to approval on an application form approved by the fire marshal. (2)A public display of fireworks shall be of such character,and so located,discharged or fired in a manner that is not hazardous to property or injurious to any person,as determined by either the fire marshal or a local fire official. (3)Every operator of a public display of fireworks shall first obtain a state license pursuant to RCW 70.77.355. 8.75.055 Failure-to_Cleanup of Fireworks Waste Required. [Commented(JW1]:Moved per BoCC Request. Failure to clean up frewort s waste After any discharge of fireworks, cleanup of any fireworks waste is requiredis prohibited u nder this chapte- 8.75.060 Seizure of Fireworks. Pursuant to RCW 70.77.435, any fireworks which are illegally sold, offered for sale, used, discharged,possessed,or transported in violation of the provisions of this chapter or the rules or regulations of the chief of the Washington state patrol,through the director of fire protection,are subject to seizure by the chief of the Washington state patrol, through the director of fire protection,or his or her deputy,or by state agencies or local governments having general law enforcement authority. 8.75.070 Violations and penalties. Pursuant to RCW 36.32.120(7), this chapter declares certain acts to be civil violations and establishes civil enforcement procedures and penalties, and also declares certain acts to be misdemeanors. (1) Misdemeanor. Any person,firm,corporation or association violating or failing to comply with any of the provisions of this chapter during a period of high fire danger shall be deemed guilty RED LINE VERIc- of a misdemeanor and upon conviction thereof shall be punished by a fine in a sum not exceeding one thousand dollars($1,000.00)dollars or by imprisonment in the jail for a period not to exceed ninety(90)days or by both such fine and jail. (2) Civil Infraction. (a) Any person who violates any provision of this chapter may be issued a notice of infraction. The penalty for an infraction issued to a person who violates any provision of this chapter shall be one-two hundred and fifty dollars($250)dollars for first offense;five hundred($500)for second offense;and one thousand dollars($1,000) 42,000.00)for any subsequent violation of this chapter. For each violation of a continuing nature, each day shall constitute a separate infraction,subject to a daily penalty. (b) It shall be unlawful for any property owner or them„ ,ecany other person who has control of all or a portion of a property(licensees,holders of easements,etc.)to allow the discharge of fireworks efon said kind on their property. Am party found in volitionviolation of this subsection:^late..the pro isions of this chapter may be issued a notice of infraction. (b)(c_i_A notice of infraction represents a determination that a violation has been committed. The determination will be final unless contested as provided in this chapter. (e3(d) The Infraction Rules for Courts of Limited Jurisdiction(IRLJ)as they exist now or may be amended in the future, apply to the processing and adjudication of civil infractions under this chapter. 8.75.080 Enforcement (1) Particularly with the discharge of consumer fireworks in violation of this chapter, public awareness and voluntary compliance efforts should be used prior to enforcement under this chapter. (2)The county sheriff or their designee has the discretion to enforce this chapter. This chapter does not create a duty on the part of the county,the county sheriff,the county fire marshal,or local fire officials to enforce violations of this chapter. Decisions about whether and how to enforce this chapter shall be made in conjunction with the county prosecuting attorney or their designee. (3)The county sheriff or their designee may consult with the county fire marshal or a local fire official in enforcement of this chapter. The county sheriff or their designee are authorized to: (a) Issue citations to or arrest without warrant persons violating the provisions of this chapter; (b) Serve and execute all warrants,citations and other process issued by the courts; (c) Send by certified mail any warrant, citation or other process to the last known place of residence of the person alleged to have violated of this chapter,which shall be deemed as personal service upon the person alleged to have violated this chapter. RED LINE VERSION (4) This chapter as well as permits or decisions issued under it may be enforced through the provisions of Title 19 JCC,Code Compliance. The county sheriff is the"director"for purposes of JCC 19.10.015(19). The county sheriff shall coordinate with the code compliance coordinator on decisions to enforce this chapter under Title 19 JCC. (5)Enforcement through this chapter is not exclusive and additional enforcement mechanisms may exist, which may include filing civil actions in courts of competent jurisdiction under other applicable laws. (6)The county prosecuting attorney may at any time bring such additional injunctive,declaratory, criminal,or other actions as are necessary to enforce the provisions of this chapter. (7)Nothing in this title shall be interpreted to mean that civil and criminal remedies for the same violations may not be brought simultaneously. 8.75.090 Severability. If any provision of this chapter is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the ordinance codified in this chapter and the applicability thereof to other persons and circumstance shall not be affected thereby. 8.75.100 Effective date. That the ordinance codified in this chapter and the rules, regulations, provisions, requirements, orders and matters established and adopted pursuant to the ordinance codified in this chapter shall take effect and be in full force and effect one year after the date of adoption. 8.75.110 Disclaimer of liability. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the county,its officers,employees or agents,or any local fire official, for any injury or damage resulting from the failure of anyone to comply with the provisions of this chapter,or by reason or in consequence of the implementation or enforcement pursuant to this chapter,or by reason of any action or inaction on the part of the county related in any manner to the enforcement of this chapter by its officers,employees or agents. ANNEX B—SUPPLEMENTAL CODE CHANGES 8.72.010 Purpose and construction. (4)This chapter shall be liberally construed to carry out its broad purposes„a"^wing the loc l :thin tef erson County 8.72.040 Fire danger risk level burn restrictions. RED LINE VERSION (5)Fire Danger Risk Levels. (c)Stage 3 High Fire Hazard. (i)Use of charcoal briquettes is prohibited,except ref-when used within a commercially made manufactured,listed,and labeled barbeque devices located mat a private residence. (ii)Target shooting outside of gun ranges,and use of exploding targets or incendiary ammunition is prohibited.Hunting is allowed in open areas. (iii)Folle a declaration of high fire hazard, them of cture .,lo Chapter 8.75 JCC.