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HomeMy WebLinkAboutOrdinance No. 2839-2015Sponsored by: Council Members Bookey and Marquis CITY OF KENAI NO. 2839 -2015 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING CERTAIN SECTIONS OF KENAI MUNICIPAL CODE CHAPTER 8.20 - FIREWORKS CONTROL, TO ALLOW LIMITED PERSONAL AND PRIVATE USE OF SALABLE FIREWORKS ON DECEMBER 31 AND JANUARY 1 OF EACH YEAR AND MAKE OTHER HOUSEKEEPING CHANGES. WHEREAS, Alaska Statute 18.72.060 allows municipalities to prohibit or more restrictively regulate the use and sale of fireworks than what is generally allowed under state law; and, WHEREAS, with few exceptions, the City prohibited the use and sale of fireworks by Ordinance 1925 -2001; and, WHEREAS, despite the prohibition, personal and private use of fireworks is common within the City during New Year celebrations and is part of longstanding tradition; and, WHEREAS, as opposed to making a common and longstanding practice a violation of law, it is in the City's best interest to allow limited personal and private use of salable fireworks for two days each year during the New Year celebration; and, WHEREAS, other housekeeping amendments are needed within Chapter 8.20 - Fireworks Control, to reflect current state licensing practices and make needed clarifications. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 8.20.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 8.20.020 - Fireworks prohibition – Exceptions, is hereby amended as follows: 8.20.020 Fireworks prohibition — Exceptions. Except as specifically provided below, [T] the use of all classes of fireworks are forbidden within the City of Kenai, [EXCEPT AS OTHERWISE PROVIDED BY CODE FOR USE IN PUBLIC DISPLAYS BY THE CITY, ASSOCIATIONS AND OTHER ORGANIZATIONS, OR GROUPS HOLDING A CURRENT PERMIT ISSUED BY THE CITY AS PROVIDED ELSEWHERE IN THIS CHAPTER. OFFICIAL USE OF FIREWORKS IN New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2839 -2015 Page 2 of 4 THE INTEREST OF PUBLIC SAFETY, ANIMAL CONTROL AND ANIMAL HAZING AT THE KENAI MUNICIPAL AIRPORT SHALL BE PERMITTED.] fa) Personal and Private Use: On the days of December 31 and January 1 only, a 48 hour period, a person over the age of 18 may use salable fireworks within the City for personal and private use on real property owned by the person, or other private property with the consent of the property owner. (b) Public Use: As specifically provided below, the City, associations and other organizations, or groups holding a current and valid permit issued by the City and any other state or federal agency with iurisdiction, may provide a public display of fireworks. (cl Official Use: Employees or contractors of the City may use fireworks in the interest of public safety, animal control and animal hazing at the Kenai Municipal Airport. Section 3. Amendment of Section 8.20.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 8.20.030 - Use permits, is hereby amended as follows: 8.20.030 Use permits. (a) The City may issue a pyrotechnic permit to the City, association or other organization, or groups for public fireworks displays, provided that the display is to be conducted by a state licensed pyrotechnic operator (PROFESSIONAL PYROTECHNICIAN] within thirty (30) days from the date of an approved application showing the following: (1) Dates and location of the proposed displays; and (2) That all appropriate or required State licenses or certificates have been procured; and (3) That a policy or certified true copy of a policy of public liability insurance and products liability insurance coverage provided by the applicant or his employer has been filed with the City, both accident and occurrence in the amount of at least one million dollars ($1,000,000.00) for bodily injury and death and at least five hundred thousand dollars ($500,000.00) for property damage; and (4) That the City of Kenai Fire Department has been notified and invited to be in attendance for fire control purposes; and (5) That the Office of the State Fire Marshal has issued the necessary licenses or certificates, if applicable; and (6) The name of the applicant and the name and address of the state licensed Pyrotechnic operator [PROFESSIONAL PYROTECHNICIAN] or company who will be conducting the display. (b) In the event that an objection is received from the State Fire Marshal[L] or the City of Kenai Fire Department, the City may deny the application for cause shown. (Ord. 1925 -2001) New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2839 -2015 Page 3 of 4 Section 4. Amendment of Section 8.20.050 of the Kenai Municipal Code: That Kenai Municipal Code, Section 8.20.050 - Fireworks — Miscellaneous Provisions, is hereby amended as follows: 8.20.050 Fireworks — Miscellaneous Provisions. [NO PERMIT SHALL BE ISSUED FOR MORE THAN THREE (3) DISPLAYS PER CALENDAR YEAR. NO PERMIT IS TRANSFERABLE. (Ord. 1925- 2001)] (a) It is unlawful for any person under the influence of any alcohol, marijuana or illegal drugs to discharge fireworks. (b) It is unlawful for any person to negligently or unlawfully discharge fireworks in any manner that could reasonably cause harm to life or property. (c) The City Fire Chief or Fire Marshal may prohibit or restrict the use of all fireworks at any time due to increased fire danger or any other reasons which may create a significant increased risk to public health and safety. Appropriate time public notice of any prohibition or restriction will be provided. Section 5. Amendment of Section 8.20.060 of the Kenai Municipal Code: That Kenai Municipal Code, Section 8.20.060 - Definitions, is hereby amended as follows: 8.20.060 Definitions. For the purposes of this chapter, the following definitions shall apply: (a) "Fireworks" means fireworks as defined by [AAC] Alaska Statute [SECTION] 18.72. 100 as it now exists or may from time to time be amended or changed by the legislature. (b) "Display" means the detonation of fireworks at any time. (c) "Public Display" means to use, ignite, detonate or explode salable or non- salable fireworks on public property. (d) "Salable Fireworks" means salable fireworks as defined by Alaska Statute 18.72. 100 as it now exists or may from time to time be amended or changed by the legislature. ([C]e) "State Licensed Pyrotechnic Operator [PROFESSIONAL PYROTECHNICIAN]" means an individual who has been licensed by the Alaska Department of Public Safety, Fire and Life Safety Division jDIVISION OF ALCOHOL, TOBACCO AND FIREARMS TO USE CLASS A, CLASS B, AND CLASS C FIREWORKS]. (Ord. 1925- 2001) Section 6. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2839 -2015 Page 4 of 4 rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 7. Effective Date: That pursuant to KMC 1.15.0700, this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2015. J K PAT PORTER, MAYOR ATT O� �y U 7C s Sand ki, City Jerk bvN W0 9^ NEED 11 Introduced: June 3, 2015 Enacted: June 17, 2015 Effective: July 17, 2015 New Text Underlined; [DELETED TEXT BRACKETED] m "Villa9e with a Past, Cic with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 kVIVA II Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1992 MEMORANDUM: TO: Mayor Porter, Council Members Molloy, Navarre, Gabriel and Knackstedt FROM: Council Members Terry Bookey and Ryan Marquis DATE: May 28, 2015 SUBJECT: Supporting Memo for Ordinance No. 2839 -2015 The purpose of this memorandum is to encourage your support of Ordinance 2839- 2015. Upon enactment, this ordinance would legalize the tradition of personal fireworks displays on private property within the City of Kenai, during the New Year's holiday. Personal fireworks displays are a national - -in fact, global -- tradition. For centuries, they have been used to entertain and amaze, and mark the celebration of important events and holidays. The tradition is important enough that otherwise law- abiding citizens annually ignore existing prohibitions in order to celebrate the ringing in of a new year. Our ordinance would make it legal for adults to participate in personal fireworks displays on private property within the City of Kenai, on New Year's Eve and Day. We have included provisions that add a layer of protection as well, including: users may not be under the influence of alcohol, marijuana, or illegal drugs; they may not be used in a manner that could cause harm to lives or property; and additionally, the ordinance provides authority to the Fire Chief or Fire Marshal to prohibit or restrict any use of fireworks within the City if there's an increased risk of fire danger or other factor that may reasonably pose a risk to public health and safety. We value the rights of property owners within the City and support displays of expression that are conducted responsibly. During the New Year's Holiday, one only needs to listen to realize that many of our citizens believe they should have a right to responsibly celebrate that holiday with a private fireworks display. Since the risk of wildfire is especially low during that time of year, we feel compelled to grant citizens that legal right. We respectfully request your support of this ordinance.