HomeMy WebLinkAbout120715_ca03Consent Agenda Item
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Leslie Locke, Executive Assistant
DATE: December 7, 2015
SUBJECT: HEARING NOTICE re: Proposed Ordinance Banning Sky Lanterns in
Unincorporated Jefferson County and Providing for the Banning of Fireworks
in Unincorporated Jefferson County when a State of Extreme Fire Danger is
Declared by Resolution; Hearing Scheduled for Monday, December 21, 2015
at 10:30 a.m. in the Commissioners Chambers
STATEMENT OF ISSUE:
HEARING NOTICE re: Proposed Ordinance Banning Sky Lanterns in Unincorporated Jefferson County
and Providing for the Banning of Fireworks in Unincorporated Jefferson County when a State of Extreme
Fire Danger is Declared by Resolution; Hearing Scheduled for Monday, December 21, 2015 at 10:30 a.m. in
the Commissioners Chambers
ANALYSIS:
The hearing notice will be advertised on December 9 and 16, 2015 in The Leader. The public hearing is
scheduled for December 21, 2015 at 10:30 a.m. The Board will hear public testimony regarding the proposed
ordinance. Written testimony on the proposed ordinance will be accepted until the close of the public
hearing.
FISCAL IMPACT:
n/a
RECOMMENDATION:
Approve HEARING NOTICE re: Proposed Ordinance Banning Sky Lanterns in Unincorporated Jefferson
County and Providing for the Banning of Fireworks in Unincorporated Jefferson County when a State of
Extreme Fire Danger is Declared by Resolution; Hearing Scheduled for Monday, December 21, 2015 at
10:30 a.m. in the Commissioners Chambers
REVIEWED B
slip jlole�y�Co"A inistrator Date
Please publish: December 9, and 16, 2015
Bill: Jefferson County Board of County Commissioners
P.O. Box 1220
Port Townsend WA 98368
Non -Departmental: 15 829
NOTICE OF PUBLIC HEARING
ORDINANCE REGARDING SKY LANTERNS AND FIREWORKS
Notice is hereby given that pursuant to RCW 36.32.120(7) a public hearing will be held
on Monday, December 21, 2015 at 10:30 a.m. in the Commissioners' Chambers, located
at the Courthouse, Port Townsend, Washington for the purpose of taking written/oral
testimony regarding an Ordinance which would, if enacted, ban sky lanterns in
unincorporated Jefferson County and provide for the banning of fireworks in
unincorporated Jefferson County when a state of extreme fire danger is declared by
BoCC Resolution. The proposed Ordinance contains the following sections:
Section 1: The recitals listed in the "Whereas" clauses constitute the legislative
findings of the County Commissioners
Section 2: Adding a new Chapter to Title 8 of the County Code, the text of which is
Attachment "A" to this Ordinance
Section 3: Severability
Section 4: The adoption date for this Ordinance
Section 5: Stating two effective dates for different sections of Attachment "A"
The public can view the complete text of the proposed ordinance on-line at
wwtiv.co jefferson.wa.us.
Signed this 7`h day of December, 2015
David Sullivan, Chairman
Jefferson County Board of Commissioners
STATE OF WASHINGTON
County of Jefferson
An Ordinance Banning Sky Lanterns in } Ordinance No.
Unincorporated Jefferson County and }
Providing for the Banning of Fireworks in }
Unincorporated Jefferson County when } DRAFT
a State of Extreme Fire Danger is Declared }
by Resolution }
WHEREAS, the current provisions of the Jefferson County Cod relating to fireworks do
not allow the County to prohibit the sale and or discharge of fireworks during periods of extreme
fire danger; and
WHEREAS, the current Jefferson County Code is silent with respect to "sky lanterns,"
which are a small hot air balloon with an opening at the bottom where a small fire is suspended,
lit and then released into the air; and -
WHEREAS, Jefferson County has become aware that sky lanterns, which are not
considered fireworks under Washington law (Chapter 70.77 RCW), but are often sold at firework
stands, in addition to other locations for entertainment or celebration reasons, pose serious fire
and safety hazards; and
WHEREAS, the State Fire Marshal has concluded sky lanterns are a fire and safety
hazard because they have the ability to float up to as much as 1,500 feet in altitude, travel up to
20 miles from the point of release and may land on combustible materials; and
WHEREAS, the National Association of State Fire Marshals calls sky lanterns
uncontrolled fire hazards because a flaming lantern can drop onto a rooftop, field, trees or power
lines before the flame is full extinguished resulting in fires; and
WHEREAS, igniting fireworks increase the risk of a major destructive fire during a time
when the conditions in the County constitute an extreme fire danger; and
WHEREAS, the Jefferson County Board of County Commissioners desires to update the
County Code to impose a ban on the ignition of sky lanterns in unincorporated Jefferson County,
and, upon a declaration by an authorized state official or the County fire code official and
Resolution by the County Commission finding a state of extreme fire danger, impose a ban on
fireworks in unincorporated Jefferson County;
NOW THEREFORE, Be it ordained as follows:
Section One: The recitals above constitute the legislative findings for this emergency
Ordinance.
Ordinance No. Banning Sky Lanterns and Provide for thAM&
ing� R A F T
Fireworks in Unincorporated Jefferson County a 11
Section Two: Title 8 of the Jefferson County Code is hereby amended to a new Chapter
8.XX entitled "Fireworks and Sky Lanterns," the text of which is made part of this Ordinance at
Attachment "A."
Section Three: If any one or more sections, subsections, or sentences of this Ordinance are held
to be unconstitutional or invalid, such decision shall not affect the validity of the remaining
portion of this Ordinance and the same shall remain in full force and effect.
Section Four: The adoption date for this Ordinance shall be the date when the Jefferson County
Commission approved and enacted this Chapter.
Section Five: The effective date of this Ordinance and Sections 1, 2, 7, 8, 9 and 10 of Chapter
8.XX of the County Code shall be the adoption date of this Ordinance. Pursuant to RCW
70.77.250, the effective date of Sections 3, 4, 5 and 6 of Chapter 8.XX of the County Code shall
be one year from the adoption date of this Ordinance.
Approved this 7`h day of December, 2015
JEFFERSON COUNTY
BOARD of COMMISSIONERS
SEAL:
David Sullivan, Chairman
Phil Johnson, Member
ATTEST:
Kathleen Kler, Member
Carolyn Avery,
Deputy Clerk of the Board
Approved as to form only:
David Alvarez, Deputy Prosecuting Attorney
Ordinance No. Banning Sky Lanterns and Provide for the Banning of
Fireworks in Unincorporated Jefferson County
ATTACHMENT "A" , DRAFT � r
Chapter 8.XX
FIREWORKS AND SKY LANTERNS
Section 1: Definitions.
A. "Fireworks" means any composition or device designed to produce a visible or an audible
effect by combustion, deflagration or detonation, and which meets the definition of "articles
pyrotechnic" as set forth in RCW 70.77.138, or the definition of "consumer fireworks" as set
forth in RCW 70.77.136, or the definition of "display fireworks" as set forth in RCW 70.77.131.
B. "Public display" means an entertainment feature where the public is invited, admitted or
permitted to view the display or discharge of display fireworks.
C. "Sky Lanterns" means any unmanned device with a fuel source that incorporates an open
flame in order to make the device airborne. This definition shall not include drones.
D. "Special effects," pursuant to RCW 70.77.146, means any combination of chemical elements
or chemical compounds capable of burning independently of the oxygen in the atmosphere, and
designed and intended to produce an audible, visual, mechanical or thermal effect as an integral
part of a motion picture, radio, television, theatrical or opera production or live entertainment.
E. "Display fireworks" means large fireworks designed primarily for display and classified as
such by the U.S. Department of Transportation, as further set forth in RCW 70.77.131.
F. "Extreme fire danger" means a period of hot, dry weather accompanied by low fuel moistures.
It is during this period that wildland fires can be expected and fire growth will be accelerated.
Section 2: Sky Lanterns Prohibited
It is unlawful for any person to ignite, light or launch any sky lantern within unincorporated
Jefferson County.
Section 3: Adoption and Repeal of Resolution Finding a State of Extreme Fire Danger
The County fire code official shall, after consultation with the representatives of the county's fire
districts, have authority to declare that conditions in the County constitute an extreme fire
danger.
Upon a declaration by an authorized state official or the County fire code official that conditions
in Jefferson County constitute an "extreme fire danger," then the County Commission by
Resolution may, upon any date after the effective date defined in Section 11 of this Chapter, find
a state of extreme fire danger.
Upon a declaration by an authorized state official or the County fire code official that conditions
in Jefferson County no longer constitute an "extreme fire danger," then the County Commission
by Resolution may repeal its Resolution finding a state of extreme fire danger.
Ordinance No. Banning Sky Lanterns and Provide for the Banning of
Fireworks in Unincorporated Jefferson County
Section 4: Fireworks Prohibited in State of Extreme Fire Danger='AFT
N
When a County Commission Resolution finding a state of extreme fire danger is in effect, it is
unlawful for any person to sell, transfer, discharge, ignite or explode any fireworks, display
fireworks or special effects within unincorporated Jefferson County.
The provisions of this section shall be applicable to the sale and use of all fireworks (as defined
above) except toy paper caps containing not more than twenty-five hundredths grain of explosive
compound for each cap as well as trick or novelty devices not classified as consumer fireworks.
Section 5: Acts not prohibited — Signal purposes, forest protection, etc.
This chapter does not prohibit the use of flares or fuses in connection with the operation of motor
vehicles, motor or sail vessels, or other transportation agencies for signal purposes or
illumination or for use in forest protection activities or for those uses described in RCW
70.77.311,
Section 6: Chapter in connection with state law.
This chapter is intended to augment Chapter 70_77 RCW, and shall be construed in connection
with that law and any and all rules or regulations issued pursuant thereto.
Section 7: Enforcement.
The County sheriff, or his designee, as well as the County fire marshal is authorized to enforce
all provisions of this chapter.
Section 8: Penalty for violations.
Any person violating or failing to comply with any provisions of this chapter is guilty of an
infraction and subject to a fine of up to $250.00.
Section 9: Severability.
If any one or more sections, subsections, or sentences of this Chapter are held to be
unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of
this Chapter and the same shall remain in full force and effect.
Section 10: Adoption date.
The adoption date shall be the date when the Jefferson County Commission approved and
enacted this Chapter.
Section 11: Effective date.
The effective date of Sections 1, 2, 7, 8, 9 and 10 of Chapter 8.XX of the County Code shall be
the adoption date of this Ordinance. Pursuant to RCW 70.77.250, the effective date of Sections
3, 4, 5 and 6 of Chapter 8.XX of the County Code shall be one year from the adoption date of
this Ordinance.
END OF DOCUMENT