HomeMy WebLinkAbout61-92 - Ord. Public Emergency Ordinance Limiting the Discharge and Sael of Fireworks ORDINANCE NO. 61-92
A PUBLIC EMERGENCY ORDINANCE RELATING TO FIREWORKS; LIMITING THE
DISCHARGE OF FIREWORKS TO JULY 4, ONLY IN THE CALENDAR YEAR 1992
AND LIMITING THE SALE OF FIREWORKS TO THE PERIOD OF JUNE 28
THROUGH JULY 4, ONLY IN CALENDAR YEAR 1992
This statute is designed to reflect areas exclusive of areas within the City of
Shelton limits.
WHEREAS, the Board of Commissioners of Mason County recognizes that the winter
of 1991/92 and the spring of 1992 has resulted in unusually dry conditions in
Mason County; and
WHEREAS, the Board of Commissioners recognizes that there are inordinately high
risks to public health and safety within Mason County due to drought conditions
and to the higher fire hazards in the late spring and the foreseeable remaining
months of 1992; and
WHEREAS, it is necessary for the public health, safety and welfare to regulate,
prevent and prohibit conditions which may increase fire hazards and other safety
and health hazards, and which generally create a menace to the health and welfare
of the public;
NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF MASON COUNTY, STATE OF WASHINGTON
DOES ORDAIN AS FOLLOWS:
Section 1. The ignition or discharge of fireworks within Mason County is
prohibited during the calendar year 1992 except between the period from 6:00 p.m.
on July 3, 1992 and 11:00 p.m. on July 4, 1992.
Section 2. Mason County prohibits the sale of any fireworks within the
county limits prior to 12:00 p.m. on June 28, 1992, or after 11:00 p.m. on July
4, 1992.
Section 3 . Unlawful discharge of fireworks.
a) A person is guilty of unlawful discharge of fireworks if the person discharges
fireworks during any time prohibited by this ordinance.
b) Unlawful discharge of fireworks is an infraction. The first offense under
this section is punishable by a $100.00 fine. Second or subsequent offenses
under this section are punishable by up to a $500.00 fine.
Section 4. Criminally negligent discharge of fireworks.
a) A person is guilty of criminally negligent discharge of fireworks if the
person discharges fireworks in a manner which demonstrates failure to be aware
of a substantial risk and his failure to be aware of such substantial risk
constitutes a gross deviation from the standard of care that a reasonable man
would exercise in the same situation.
b) Criminally negligent discharge of fireworks is a misdemeanor and upon
conviction shall be punishable by a fine of not more than One Thousand Dollars
($1,000) and by imprisonment for not more than ninety (90) days, or by both such
fine and imprisonment.
Section 5. Reckless discharge of fireworks.
a) A person is guilty of reckless discharge of fireworks if the person knows of
and disregards a substantial risk that harm to persons or property may occur and
his disregard of such substantial risk is a gross deviation from conduct that a
reasonable man would exercise in the same situation.
b) Reckless discharge of fireworks is a gross misdemeanor and upon conviction
shall be punishable by a fine of not more than Five Thousand Dollars($5000) and
by imprisonment for not more than One Year, or by both such fine and
imprisonment.
Section 6. The Board of Commissioners of Mason County finds an emergency
exists and that this ordinance is necessary for the protection of the public
health and safety and the immediate preservation of public peace and shall be
published and become effective as provided by law.
Section 7. This ordinance is enforceable by any and all law enforcement
officer(s) or officer(s) of Federal, State, County, City law enforcement
agencies.
ADOPTED this 24th day of June 1992.
Lau E. Porter, C irp son
Michael D. Gibson, Commissiaf ner,
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William O. Hunter, Commissioner
ATTEST:
D'an L. Zoren, Clerk f the Board
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(Deputy) Prosecuting Attorney # (" �'