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HomeMy WebLinkAboutOrdinance No. 3344-2023K E CITY OF KENAI ORDINANCE NO. 3344-2023 Sponsored by: Administration AN ORDINANCE AMENDING KENAI MUNICIPAL CODE CHAPTER 8.20 — FIREWORKS CONTROL, BY REMOVING REFERENCES TO CITY PERMITS — WHICH ARE REDUNDANT TO THE STATES FIREWORK DISPLAY PERMIT. WHEREAS, Kenai Municipal Code establishes rules for the use of fireworks in the City; and, WHEREAS, there is not a permitting process established by the City for a Fireworks Display; and, WHEREAS, the State requires a letter from the local fire department stating that they are aware and do not object to the display before a Firework Display Permit is issued; and, WHEREAS, the Use Permit for the City is redundant to the Firework Display Permit issued by the State. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section 8.20.020 of Kenai Municipal Code: That Kenai Municipal Code, Section 8.20.020 - Fireworks prohibition -Exceptions is hereby amended as follows: 8.20.020 Fireworks [P]Prohibition—Exceptions. 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. Section 2. Repeal of Section 8.20.030 of Kenai Municipal Code: That Kenai Municipal Code, Section 8.20.030 — Use permits, is hereby repealed as follows: [8.20.030 USE PERMITS.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 WITHIN THIRTY (30) DAYS FROM THE DATE OF AN APPROVED APPLICATION SHOWING THE FOLLOWING: (1) DATES AND LOCATION OF THE PROPOSED DISPLAYS; AND New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3344-2023 Page 2 of 2 (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. (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.] 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(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 19T" DAY OF APRIL, 2023. ATTEST: `. I Michelle W,Saner, MMC, City Clerk Brian Gabriel Sr., Mayor Introduced: Enacted: Effective: New Text Underlined; [DELETED TEXT BRACKETED] April 5, 2023 April 19, 2023 May 19, 2023 City of Kenai 1210 Rdalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.lcenaixity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Terry Eubank, City Manager FROM: Tony Prior, Fire Chief DATE: March 28,2023 SUBJECT: Ordinance 3344-2023 — Amend KMC Fireworks Prohibition The City Code Chapter 8.20 Fireworks Control regulates the use of fireworks in the City. This Ordinance requests amendments to KMC Chapter 8.20 to remove reference to City "Use Permits", as the City does not have an official Permit, or permit process. The State of Alaska has a permit and process in place that the Fire Department approves at the local level. Before an applicant can receive a Firework Display Permit from the State, the applicant must inform the local fire department and receive a letter from the fire department stating that they are aware and do not object to the display. The proposed amendments to KMC 8.20 only remove provisions for a local Use permit, thus removing redundancy with State requirements for a Fireworks Display Permit. The result is the same with a clearer and simpler permitting process. Your consideration is appreciated.