HomeMy WebLinkAboutOrdinance No. 2945-2017Sponsored by:
CITY OF KENAI
NO. 2945 -2017
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KE, ALASKA, REPEALING AND
RE- ENACTING KENAI MUNICIPAL CODE CHAPTER 8. FIREWORKS CONTROL, TO
ALLOW FOR THE LIMITED SALE, AND USE OF CER11dN FIREWORKS IN THE CITY.
WHEREAS, Kenai Municipal Code Chapter 8.20 -F' eworks Control, allows for the use
of fireworks for a 48 hour period from December /1 to January 1 each year along with
certain public displays, but prohibits the sale o reworks; and,
WHEREAS, fireworks used in the City currotly must be purchased outside the City
with permit fees and sales tax going to othe taxing jurisdictions; and,
WHEREAS, allowing for the regulated a}id controlled sale of fireworks in the City will
allow the City to receive permit fees anfl sales tax for the purchase of fireworks; and,
WHEREAS, limiting the duration of Jales to one month and excluding the sale of certain
types of fireworks is intended to r9duce the use of fireworks when the use is prohibited
and limit potential fire danger as/ivell as use by minors; and,
WHEREAS, it is in the City's es t interest to benefit from the sales of fireworks when
the use occurs regardless of hether such sales occur within the City.
NOW, THEREFORE, BE ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: Tji'iat this is a code ordinance.
Section 2. Re and re- enactment of Chapter 8.20 of the Kenai Municipal Code:
That Kenai Mu 'cipal Code, Section 8.20 - Fireworks Control, is hereby repealed and
re- enacted in i entirety as follows:
CHAPTER .20 FIREWORKS CONTROL
[8.20.0 FIREWORKS CONTROL.
HIS CHAPTER SHALL BE KNOWN AS THE FIREWORKS CONTROL
ORD ANCE OF THE CITY OF KENAI.
PROHIBITION—EXCEPTIONS.
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Ordinance No. 2945 -2017
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EXCEPT AS SPECIFICALLY PROVIDED BELOW, THE USE OF ALL CLASSES OF
FIREWORKS ARE FORBIDDEN WITHIN THE CITY OF KENAI.
(A) PERSONAL AND PRIVATE USE. ON THE DAYS OF DECEMBER 31 ST AND
JANUARY 1ST ONLY, A FORTY -EIGHT (48) HOUR PERIOD, A PERSON OVER
THE AGE OF EIGHTEEN (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 JURISDICTION, MAY PROVIDE A PUBLIC DISPLAY
OF FIREWORKS.
(C) 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.
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 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 OR HER 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 OR COMPANY WHO WILL BE
CONDUCTING THE DISPLAY.
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Ordinance No. 2945 -2017
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(B) IN THE EVENT THAT AN OBJECTION IS RECEIVED FROM THE STATE
FIRE MARSHAL OR THE CITY OF KENAI FIRE DEPARTMENT, THE CITY MAY
DENY THE APPLICATION FOR CAUSE SHOWN.
8.20.040 SALE OF FIREWORKS FORBIDDEN.
THE SALE OR OFFERING FOR SALE OF FIREWORKS IS FORBIDDEN WITHIN
THE CITY.
8.20.050 FIREWORKS — MISCELLANEOUS PROVISIONS.
(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 TIMELY
PUBLIC NOTICE OF ANY PROHIBITION OR RESTRICTION WILL BE PROVIDED.
8.20.060 DEFINITIONS.
FOR THE PURPOSES OF THIS CHAPTER, THE FOLLOWING DEFINITIONS
SHALL APPLY:
(A) °FIREWORKS" MEANS 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.
(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.
(E) "STATE LICENSED PYROTECHNIC OPERATOR" MEANS AN INDIVIDUAL
WHO HAS BEEN LICENSED BY THE ALASKA DEPARTMENT OF PUBLIC
SAFETY, FIRE AND LIFE SAFETY DIVISION.
8.20.070 PENALTIES.
UPON CONVICTION, EACH VIOLATION OF THIS CHAPTER SHALL BE
PUNISHABLE AS PROVIDED IN SECTION 13.05.010. CITATIONS FOR VIOLATIONS OF
THIS CHAPTER MAY BE ISSUED BY EITHER THE KENAI POLICE DEPARTMENT OR
THE KENAI FIRE DEPARTMENT.]
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Ordinance No. 2945 -2017
Page 4 of 9
8.20.007 Mandatory Review.
to the ordinances are warranted.
8.20.010 Definitions.
In this Chapter, unless the context otherwise requires:
(a) "Dangerous fireworks" means all fireworks not otherwise defined as saleable
fireworks.
(b) "Saleable fireworks" and "Fireworks" means fireworks defined as such in AS
18.72. 100 as amended from time to time.
(c) "Personal and private use" means to use, ignite, detonate, or explode saleable
fireworks on private property with the permission of the property owner.
(d) "Bottle rocket" and "Sky rocket" means a fireworks that consist of a fireworks
consisting of cylindrical case filled or partially filled with combustible material and
fastened to a stick.
jet "Display" means the detonation of fireworks at any time.
8.20.020 Fireworks Prohibition — Exceptions.
a) Personal and Private Use. On the days of December 1st through January 1st onl
a one month 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, other private
nronerty with the consent of the property owner, or on Citv owned tidelands below mean
high water.
fireworks.
procured; and
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Ordinance No. 2945 -2017
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pyrotechnic operator or company who will be conducting the display.
8.20.040 Sale of Fireworks.
provisions of this Chapter is permitted. All other retail sales of fireworks within the Citv
of Kenai are prohibited. The sale of bottle rockets and sky rockets is specifically
prohibited.
8.20.050 Permit to Sell Saleable Fireworks.
(a) Permit Reouired. No person may sell, expose for sale, or offer for sale anv saleable
fireworks in the City except in accordance with a permit issued to the person under this
section. A permit is effective from the fourth Fridav in November until December 31 of
the year issued.
applicant under the permit;
(3) The location at which the applicant will do business under the permit;
(4) Proof that the applicant holds a valid, current permit to sell fireworks
issued by the State of Alaska; and
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Ordinance No. 2945 -2017
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the applicant authorizing the sale of fireworks within the City.
bodily iniury, and property damage per occurrence.
better by A.M. Best.
this Chapter on or before 12:00 noon on the last business day in August.
(2) All applicable state and federal regulations;
(3) Types of fireworks permitted to be offered for sale;
(4) Display of required safety literature;
(5) Fire suppression equipment;
(6) Properly marked and accessible exits; and
(7) No smoking signs.
(e) Restrictions on Sale and Use.
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Ordinance No. 2945 -2017
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11 If at anv time the State of Alaska Division of Forestry declares that the fire
danger is extreme, the Fire Chief or designee may restrict the sale or use of any
and all fireworks.
(2) At any time the Fire Chief or designee may restrict the sale or use of any
or all fireworks upon finding that the restriction is necessary for public safety due
to weather or fire hazard conditions.
(fl In operating under a permit, the permittee shall comply with the following
requirements:
State Fire Marshal, and shall distribute safety literature to each fireworks
purchaser.
(4) The permittee shall be required to post any safety notices or legal notices
as required by the Kenai Fire Chief or City Manager which may include notices
from the State of Alaska, Division of Forestry, the Kenai Peninsula Borough and
the City of Soldotna.
(5) The permittee shall not sell fireworks to any person who appears to be
intoxicated and /or impaired.
(g) Where the Fire Chief or designee finds that a permittee is operating in violation
of any applicable legal requirement, the following actions can occur:
(1) In the case of a violation of this Chapter, the Fire Chief, Fire Marshall,
Police Chief or designee may issue a notice to correct and /or a citation to the
8.20.070 Controlled Use.
rights -of -way except as provided below.
(b) Subiect to any limitations in other sections of this Chapter, a person may use
saleable fireworks within the City for personal and private use on real property owned
by the person, or on real property owned by another with prior consent of the property
owner, and on City property below mean high water.
(c) The sale of fireworks to any person under the age of 18 is prohibited. It is unlawful
for Dersons under 18 vears of age to purchase fireworks. Purchasers of fireworks must
show proof of age upon request by seller.
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Ordinance No. 2945 -2017
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(e) It is unlawful for any person under the influence of drugs, marijuana or alcohol
(g) The City Fire Chief or Fire Marshal may prohibit or restrict the use of all fireworks
8.20.080 Exempt Sales and Uses.
purposes of illumination;
parades;
(e) Use by public safety personnel or City employees for public safety purposes
including animal control and hazing at the Kenai Airport;
(fl Use by military organizations.
(g) Licensed or permitted uses in industrial activities, such as seismic work, oil
exploration, mining, aviation or commercial fishing.
(h) Use in emergency situations for signal or communication purposes.
8.20.090 Penalties for Violations.
8.20.100 Storage of Dangerous Fireworks.
(b) Storage shall be subiect to inspection by the Kenai Fire Chief or designee.
Section 3. 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
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 4. Effective Date: That pursuant to KMC 1.15.070(fl, this ordinance shall
take effect 30 days after adoption.
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Ordinance No. 2945 -2017
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ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of May,
2017.
ATTEST:
Sandra Modigh, City Clerk
BRIAN GABRIEL SR., MAYOR
Introduced: April 5, 2017
Postponed: April 19, 2017
Enacted: May 3, 2017
Effective: June 3, 2017
New Text Underlined; [DELETED TEXT BRACKETED]
"Villaye with a Past C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
www.kenai.city
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Council Member Knackstedt
DATE: March 30, 2017
SUBJECT: Ordinance No. 2945 -2017, Fireworks Control
This memo provides a general background and sectional analysis of Ordinance No. 2945-
2017.
General Background:
The Ordinance is proposed primarily to increase revenue for the City of Kenai. In 2015,
Chapter 8.20 - Fireworks Control, was amended to allow the use of fireworks in the City for
a 48 hour period over the New Year's Holiday. Because sales of fireworks are not allowed
in the City, fireworks are purchased for use in Kenai in other taxing jurisdictions, Houston,
Alaska being the closest. In discussions with administration in Houston and the City of
North Pole, it was determined that sales tax revenue and permit fees from vendors was
significant enough to propose this Ordinance. Informal discussions with one of the primary
vendors in the State indicate there would be adequate interest from potential vendors. The
proposed Ordinance is primarily modeled on ordinances from the Cities of Houston and
North Pole.
Sectional Analysis:
8.20.005 Authority and Purpose.
This new section of code states the purpose of the Chapter is to regulate fireworks sales
and use more restrictively than the State, as allowed by State statute.
8.20.007 Mandatory Review.
This new section of code is included to ensure that the City Council will publicly review
fireworks sales after two years of experience to determine whether fireworks sales should
continue or if other changes are needed.
Mayor Gabriel and Council Members
March 30, 2017
Page 2 of 3
8.20.010 Definitions.
The primary change in this section from existing code is a definition of "bottle rocket" and
"sky rocket" which vendors are prohibited from selling as described later in the Chapter.
8.20.020 Fireworks Prohibition — Exceptions.
The primary amendment in this section is in subsection (a) which allows the use of
fireworks on City property below mean high water. This is intended to allow the public an
attractive and relatively safe environment to use fireworks. Subsection (c) in the existing
code is removed and addressed in 8.20.080 subsection (e).
8.20.030 Public Use Permits.
This section of code addresses public displays such as what occurs at `Christmas Comes to
Kenai' and has no material changes from the current code.
8.20.040 Sale of Fireworks.
This new section of code allows for the regulated sale of fireworks in the City, except for
bottle rockets and sky rockets. Sky rocket sales are prohibited because of concerns with
starting wildfires, or structure fires. Bottle rockets tend to be misused by youths, and can
be dangerous.
8.20.050 Permit to Sell Saleable Fireworks.
This new section of code limits sales of fireworks to the month of December each year.
Discussions with at least one existing vendor outside Kenai indicates that this is more than
a sufficient amount of time to allow for sales. This sections provides that every vendor
must have a permit which costs $5,000 each year. This permit fee compares to $3,000 in
North Pole and $5,000 in Houston.
Permit applications and payments will be due by noon, on the last day of business in
August. This is intended to provide sufficient time for vendors and the City to prepare for
the activity. An application form will need to be developed. Applicants will have to provide
proof of borough tax compliance and state licensure among other required information. In
order to receive a permit, a vendor must provide proof of insurance naming the City as an
additional insured with $2,000,000 single limit policies for personal liability, bodily injury
and property damage per occurrence. This insurance requirement is the same as Houston's,
North Pole does not have an insurance requirement, and the state requires a policy for a
state license in the amount of $200,000 for bodily injury or death, and $50,000 for property
damage.
Mayor Gabriel and Council Members
March 30, 2017
Page 3 of 3
8.20.060 Regulation of Permittee Operations.
This proposed section provides for inspection of retail sales locations by the Fire Chief or
designee, limits locations to one per permit, and regulates changes in ownership and
location, as well as other requirements of operation. This section allows the Fire Chief or
designee to prohibit all sales if necessary for public safety due to weather conditions and
fire danger. Retail locations are limited to General, Limited and Central Commercial
districts and Light and Heavy Industrial. Sales to minors and intoxicated persons are also
prohibited in this section.
A $300 fine is provided for violations of sales provisions, and allows for the City to close
vendors until violations are corrected.
8.20.070 Controlled Use.
This section regulates the use of fireworks to private property and City property below
mean high water. It reiterates that sales to minors are prohibited, that sales of bottle rockets
and sky rockets are prohibited, the use of fireworks while under the influence of drugs or
alcohol is prohibited along with negligent or unlawful use. Violations of this section of
code also carries a $300 citation and allow for seizure of fireworks. This section finther
allows the Fire Chief to prohibit or restrict the use of fireworks at any time due to weather
or other public safety concerns with appropriate timely notice.
8.20.080 Exempt Sales and Uses.
This section provides various exceptions for use and sale of fireworks. For example
emergency signals and communication, use by the City for official purposes (such as
animal hazing at the airport), military operations and certain industrial uses.
8.20.090 Penalties for Violations.
This section provides a general $300 fine for violations of the Chapter.
8.20.100 Storage of Dangerous Fireworks
This section requires storage in compliance with all local, state and federal laws and allows
for inspection of fireworks storage by the Fire Chief or designee.
Your consideration is appreciated.
MA
April 12, 2017
To Whom This May Concern:
"Villaye with a Past, Ci� with a Future'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014
www.kenai.city
The City of Kenai will have a public hearing on Wednesday, April 19, 2017 to consider the
attached Ordinance which would allow for the regulated sale of certain fireworks inside the
City. You are provided this notice as a courtesy because you are registered with the State of
Alaska for the retail sale of fireworks. The City Councilmember sponsoring this Ordinance is
interested in industry perspective. You are welcome to attend the public hearing in Kenai, or
provide written comments on the Ordinance to the City Clerk, Sandra Modigh, at
smodigh@a kenai.city. The meeting will begin at 6pm and written comments received by
12:00 pm on the day of the meeting will be provide to the Council for their consideration.
Sincerely,
CITY OF KENAI
Scott M. Bloom
City Attorney
SMB /jvh
Enclosure
�V11aae wl(4 a Past, CAty uIld a Feaee
210 Fidalgo Ave, Kenai, Alaska 99611 -7794
Telephone: (907) 283 -7535 1 Fax: (907) 283 -3014
\t he elfy o f www. kenai.city
KENAI, ALASKA
NV APPROVED BY COUNCIL
MEMORANDUM Date: �-19-R �"
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH:
FROM: Council Member Glendening
DATE: April 19, 2017
SUBJECT: Ordinance No. 2945 -2017 Amendment Memorandum
It is my intent to amend Ordinance 2945 -2017 to expand the timeframe fireworks are legal to use
in the City from a 48 -hour period to one month, and to extend the timeframe in which they may be
sold. Because the notice of the Ordinance to the public did not include expanding the timeframe
for use, if this motion passes, I would request an additional public hearing at the next council
meeting before voting on the main motion to adopt the Ordinance.
I move to make the following amendments:
• Amend the title to insert the words ", and use" after "sale" as follows
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND
RE- ENACTING KENAI MUNICIPAL CODE CHAPTER 8.20- FIREWORKS CONTROL, TO
ALLOW FOR THE LIMITED SALE, AND USE OF CERTAIN FIREWORKS IN THE CITY.
Amend subsection (a) of KMC 8.20.020 Fireworks Prohibition - Exceptions, on page 28 of
the Packet by changing "December 31st' to "December 1st', deleting the word "and" and
replacing it with "through ", and deleting "48 hour' and replace it with 'one month" to read:
(a) Personal and Private Use. On the days of December r311st rANDI through January
1 st only, a r48 HOURI one month 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 other private property with the consent of the property owner, or on City owned
tidelands below mean high water.
• Amend subsection (a) of KMC 8.20.050 Permit to Sell Saleable Fireworks, on page 29 of
the Packet y deleting "December 1" and replacing it with "the fourth Friday in November' to
read:
Page 2 of 2
Ordinance 2945 -2017
Amendment Memo
year issued.
(Note: new language bold and underlined, deleted language in caps and bracketed.)
Your consideration is appreciated.
r�
Page 3 of 2
Ordinance 2945 -2017
Amendment Memo
r
Sandra Modigh
From:
Paula J Dunn <pjdjes @me.com>
Sent:
Thursday, April 27, 2017 10:20 AM
To:
Sandra Modigh
Subject:
For 5/3/17 meeting.... Proposed Fireworks Ordinance
Hi Sandra Modigh,
Would you please add this message to the packet for the 5/3/17 meeting as I cannot attend.
- iThanks,
Paula Dunn
From: Paula J Dunn <pjdies@me.com>
Date: April 27, 2017 at 9:54:12 AM AKDT
To: Brian Gabriel <b ag briel(d�kenai.city >, Bob Molloy <bobAmolloyforcouncil.com >, Tim Navarre
<timnavarreC&,gmail.com >, Henry Knackstedt <hknackstedt(a,kenai.city >, Mike Boyle
<mboyle(a,alaskan.com >, Jim Glendening <iglendening@kenai.city >, Glenese Pettey <gpettey(d,kenai.city>
Subject: Proposed Fireworks Ordinance
To the Council:
I have heard a report that the Council is considering an ordinance to allow the sale of fireworks in the City and
to permit the use of fireworks for the entire month of December. If this report is accurate, I strenuously oppose
adoption of any such ordinance. I understand that the current law is that the sale of fireworks is not allowed at
all and the use of fireworks is permissible only on New Year's Eve. No legitimate public purpose would be
served by allowing the sale of fireworks or by expanding the permissible time period for use of fireworks. No
amount of imagined tax revenues generated from the sale of fireworks would be worth the personal injuries,
property damage and fires that will flow from increased use of these dangerous, incendiary objects in our
City. Furthermore, fireworks are inherently noisy, of course. Increased use of fireworks will cause disturbance
to our neighborhoods.
Children are the ones most likely to be injured by fireworks. For the sake of public safety and the well -being
of our community, I urge you to reject any change to the current law on fireworks in the City of Kenai.
Thank you.
Paula J. Dunn
1515 Toyon Way
Sandra Modigh
From: Brian G. Gabriel, Sr.
Sent: Wednesday, May 03, 2017 10:04 AM
To: Sandra Modigh
Subject: Fwd: Fireworks
Please include this correspondence as a lay down for tonight's meeting. LA(ENAI
Thanks
Sent from my iPhone
Begin forwarded message:
From: Rebecca Lambourn <ramboum@gmail.com>
Date: May 3, 2017 at 8:13:21 AM AKDT
To: <bg_abriel@,kenai.city>
Subject: Fireworks
Please do NOT extend the use of fireworks time period. We have lived in Kenai nearly 30 years
and dread New Years Eve fireworks noise. We live in a neighborhood near the Kenai Beach and
the noise is disconcerting to our family and terrifies the dogs in the neighborhoods. Last year it
was very bad and I considered contacting the Council but figured we could get through one
night. A whole month would be intolerable for sleeping and ruin the holidays.
Thank you,
Rebecca Lambourn
Sandra Modigh
From: Brian G. Gabriel, Sr.
Sent: Wednesday, May 03, 2017 10:06 AM
Subject: FwdaFirewo ks? Really? Why?
(Receivpd KS OFF /c' Please include this correspondence as a lay down for tonight's meeting. Thanks
Sent from my iPhone OF KEEP
Begin forwarded message:
From: Jim White <iwhiteinakAgmail.com>
Date: May 3, 2017 at 9:47:25 AM AKDT
To: <b¢abriel(d*enai.city >, <bmolloy(a kenai.city >, <timnavarre(&,=ail.com >,
<hknackstedt@,kenai.city >, <mbovlena alaskan.com >, <ielendeningaa,kenai.city >,
<gpettey(a,kenai.city>
Subject: Fireworks? Really? Why?
I would request that the city not expand use of fireworks within the city. I suspect the fireworks
activity will be concentrated on the beach and quite frankly there is already enough noise on the
beach at night what with the roaring trucks and parties. I don't see how this is in the best
interests of city residents.
Jim White
1509 Toyon Way
Kenai, AK 99611
May 3, zo7
To the Kenai City Council Members:
Mr Gabriel, Mr Molloy, Mr Navarre, Mr Knackstedt, Mr Boyle, Mr Glendening, Ms Pettey
Concerning: Proposed Fireworks Ordinance
On your agenda tonight is an ordinance for your consideration allowing for the sale and
permitting of fireworks for the month of December within the City of Kenai.
I would like to adamantly disagree with the passing of this ordinance for the following reasons:
Increased firework use poses a safety risk for our area, which is highly dense with forest,
particularly during the years of low snow fall. Kenai and the surrounding areas have been
plagued with the infestation of spruce bark beetle leaving many trees dead and dying, this
condition is already prime for fires.
Currently the use of fireworks for personal is reasonably limited to New Years for a few hours.
Expanding the timeframe of usage to an entire month disrupts the peace and quality of life for
many in our community at any given time, day or night, for a month. I ask that you consider those
who have extreme stress and fear from loud noises such as; our Veterans who struggle with
PTSD, small children and pets. Currently, we know when to expect to hear loud noises and can
prepare; under the new proposal, we will be left unprepared.
Any amount revenue gained from short term sales is not worth the value of replacing a home lost
to irresponsible usage of fireworks, not to mention increase in injuries and suffering to
unsuspecting children. The revenues are not worth the risk this ordinance brings.
Allowing for fireworks use to be expanded for a month diminishes the quality of life we enjoy
living in Kenai. We already have irresponsible individuals using fireworks without care or
concern to those around them. Passing this ordinance will be giving a stamp of approval for
irresponsible actions.
I respectfully ask each of you to reject this ordinance, thank you for your consideration.
Rhonda Baisden
Kenai resident since 1998
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Sandra Modigh
From: Gerald Brookman <brookman @alaska.net>
Sent: Wednesday, May 03, 2017 2:45 PM
To: Sandra Modigh
Subject: Message for City Council Members
Please pass on the following message to all Kenai City Council members prior to tonight's meeting:
I understand you have a proposal to weaken the city's restrictions on the use of fireworks within the city limits
(Ord. 2945 -2017) before you at tonight's meeting.
I am very much opposed to this proposal, and I urge you to vote NO on it. Thank you.
Gerald R. Brookman (Kenai resident since 1978)
Muir Avenue
Kenai, Alaska 99611 -8816
/OFFICE
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