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Home My WebLink About12 1221 15STATE OF WASHINGTON County of Jefferson An Ordinance banning sky lanterns in } Ordinance #12-1221-15 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 } WHEREAS, the current provisions of the Jefferson County Code 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. Section Two: Title 8 of the Jefferson County Code is hereby amended to include 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. <r Approved this %='- day of - 4,C'O'1L�k=,201 7 r ATTEST: Carolyn A ' ry, Deputy Clerk of the Boar Approved as to form only: QL� lz_i David Alvarez, Deput Prosecuting Attorney JEFFERSON COUNTY OMMISSIONERS Phil Johnson, Member Kathleen Kler, Member ATTACHMENT "A" 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. 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 I 1 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. Section 4: Fireworks Prohibited in State of Extreme Fire Danger 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 use by others for emergency 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 Regular 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 21, 2015 SUBJECT: HEARING 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 STATEMENT OF ISSUE: HEARING 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 ANALYSIS: The hearing notice was approved on December 7, 2015 and was advertised in The Leader. 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: Listen to public comment and possibly approve 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 REVIEWED BY: orle, ' rator Date 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 } a State of Extreme Fire Danger is Declared } by Resolution } l n 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 the Banning of Fireworks in Unincorporated Jefferson County Section Two: Title 8 of the Jefferson County Code is hereby amended to include 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 21St 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" 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.rones. 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 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 , p vehicles, motor or sail vessels, or other transportation agencies for signal purposes or I pv J�'t �a 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