ORDINANCE NO. 702
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, REPEALING CHAPTER 9.20 UPMC, CREATING CHAPTER 9.20A UPMC, AND AMENDING THE PARKS CODE RELATIVE TO THE SALE, POSSESSION AND DISCHARGE OF FIREWORKS
WHEREAS, through its adoption of Resolution No. 843 on July 17, 2017, the City Council determined that the interests of the City would be best served by placing before voters an advisory proposition asking whether the sale, possession, and discharge of consumer fireworks should be prohibited in University Place; and
WHEREAS, Advisory Proposition 1 appeared on the November 7, 2017, ballot, and asked the following question of the voters: “Should the sale, possession and discharge of consumer fireworks be prohibited in the City of University Place?”; and
WHEREAS, as of the passage of this Ordinance, a majority of voters have answered the question set forth in Advisory Proposition 1 in the affirmative; and
WHEREAS, in light of voter recommendation, the City Council desires to repeal the City’s existing fireworks regulations, and enact an ordinance that will prohibit the sale, possession, and discharge of consumer fireworks, but will allow, in certain circumstances, the public display of fireworks and the use of fireworks conditioned upon a permit issued by the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE DO ORDAIN AS FOLLOWS:
Section 1. Repeal Chapter 9.20. Chapter 9.20 of the University Place City Code, entitled “Fireworks,” is repealed in its entirety.
Section 2. Enact New Chapter 9.20A. The University Place City Code is amended to add a new Chapter 9.20A of the University Place City Code, entitled “Fireworks,” as set forth in Exhibit A and incorporated by reference.
Section 3. Amend UPMC 15.05.060. Section 15.05.060 of the University Place Municipal Code entitled “Regulations and prohibited activities” is amended to read as set forth in Exhibit B and incorporated by reference.
Section 4. Savings. The existing Chapter 9.20 of the University Place City Code, which is repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance.
Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering.
Section 6. 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 7. Effective Date. This ordinance shall take effect and be in force one year from and after its adoption as provided by RCW 70.77.250.
PASSED BY THE CITY COUNCIL ON MAY 21, 2018.
Kent Keel, Mayor
Emelita Genetia, City Clerk
APPROVED AS TO FORM:
Matthew S. Kaser, City Attorney
Date of Publication: 05/23/18
Effective Date: 05/21/19