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RES 2004-30 FIREWORKS PROPOSED BAN ON BALLOTRESOLUTION NO. 2004-30 A RESOLUTION of the City Council of the City of Bainbridge Island, Washington, in support of a proposed ballot measure calling for an advisory vote regarding banning fireworks in Kitsap County and each incorporated City of Kitsap County. WHEREAS, in accordance with RCW 36.32.120(7), the Kitsap County Board of County Commissioners has authority to hold, at its discretion, an advisory election for the purpose of allowing voters within its jurisdiction to voice their opinions on substantive issues affecting the residents of the County; and WHEREAS, local fire officials have expressed concern over the. widespread use of both legal and illegal fire works throughout Kitsap County, and the dangers such fireworks pose to personal safety, property loss and negative impacts to domestic animals and wildlife; and WHEREAS, each year some Kitsap County residents have experienced property loss and personal injuries associated with the use of both legal and illegal fireworks; and WHEREAS, a ban on the sale and use of fireworks within Kitsap County would potentially alleviate problems associated with the widespread use of legal and illegal fireworks within the County; and WHEREAS, it is within the best interest of Kitsap County to allow its citizens to voice their opinions as to whether fireworks should be banned in Kitsap County, with the exception of professional displays; and WHEREAS, the Cities of Bremerton, Port Orchard, Poulsbo, have all adopted similar resolutions supporting an advisory vote on the possibility of a local ban on fireworks within their respective jurisdictions; and WHEREAS, the Kitsap County Fire Chiefs Association supports an advisory vote on a potential local ban on fireworks throughout Kitsap County; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby supports an advisory ballot on Tuesday, November 2, 2004 in Kitsap County for the purpose of allowing voters to voice their opinion on the advisory measure set forth in Section 2 herein, which measure affects the residents of Kitsap County and the City of Bainbridge Island. SECTION 2. The City Council is in support that the Kitsap County Auditor place upon the ballot for the general election to be held on Tuesday, November 2, 2004, the advisory measure substantially as follows: ADVISORY VOTE ONLY Shall Kitsap County and each incorporated city within Kitsap County enact a local ordinance, consistent with state law, that would ban the sale and use of consumer fireworks as defined in RCW 70.77.136 by anyone other than a licensed pyrotechnic operator? Yes....................................................................... ❑ No........................................................................ ❑ SECTION 3. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council this 8th day of September, 2004. APPROVED by the Mayor this 9th day of September, 2004. ATTEST/AUTHENTICATE: SfJSAN P. KASPER, City Clerk FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: September 2, 2004 September 8, 2004 2004-30