HISTORY of 2012 Hard-Copy Petition Effort

NOTE:  Our petition effort did not get this issue on the November, 2012 General Election ballot.  That's not to say of efforts failed, as with a small group of volunteers and very little money spent, the total number of registered Bellingham residents who signed our petition was just over 3200.  Our efforts did get the issue out in the public's view and got the attention of Bellingham City officials, who have committed to looking more "attentively" in to situation.  So, to paraphrase the old saying, "we have have lost this battle but the war continues"!  The remaining part of this page is now considered HISTORY:

Below is a "text-only" copy of our hard-copy petition.  And, assuming you want to sign one, here's where they can be found:

  • In Irongate, at Tails-A-Wagging (3959 Hammer Drive)
  • In Bellingham, at City Dogs (corner of West Holly and Prospect), at the Bellingham Veterinary Clinic (corner of State and Virginia), at My Pet's Place (1212 Dupont) at the Maplewood Animal Hospital (2869 West Maplewood), at Hohl Feed and Seed (1322 Railroad), at the Village Veterinary Hospital in Sehome (236-36th Street) and at Baily's Bath House (1633 Biechwood #104).
  • In Fairhaven at Paws Awhile (1200 10th #105) and at Trek Video (1213 Harris).
  • Volunteers are tabling to gather petition signatures at both the downtown Saturday and Fairhaven Wednesday Farmers' Markets.
  • Look for our volunteers at Trader Joes, the Fred Meyer stores, the Haggen's stores, dog off-lease areas and the interurban trails.


INITIATIVE PETITION FOR SUBMISSION
TO THE CITY COUNCIL OF BELLINGHAM, WASHINGTON

TO:  Finance Director, City of Bellingham, Washington: We, the undersigned registered voters of the City of Bellingham, Washington, respectfully direct that this petition and the proposed measure known as City of Bellingham Initiative No. 2012-01, and entitled
BALLOT TITLE:  Bellingham Initiative No. 2012-01 concerns the regulation of consumer fireworks within the City.  This measure would amend BMC 10.24.120, BMC 10.24.130 and BMC 17.20.070 to prohibit the manufacture, storage, transportation, sale, possession or discharge of consumer fireworks within the City.  This measure would make the penalty for the first violation of BMC 10.24.130 a civil infraction.  Second or subsequent violations would be a misdemeanor.
Should the measure be enacted into law?  Yes (__)  No (__)”,
a full, true, and correct copy of which is attached to this petition, be transmitted to the City Council of the City of Bellingham, Washington, and we respectfully petition the City Council to enact said proposed measure into law; furthermore, if the City Council fails to enact this measure that it be submitted to a vote of the people at a regular or special election to be held on a date and in the manner required by the Revised Code of Washington.
Each of us for himself or herself says: I have personally signed this petition, I am a legal voter of the City of Bellingham, Whatcom County, State of Washington, and my address is correctly stated on this petition and I have knowingly signed this petition only once.

WARNING
Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking election when he or she is not a legal voter, or signs a petition when he or she is not otherwise qualified to sign, or makes herein any false statement, shall be guilty of a misdemeanor.

NOTE:  The part of the petition where signatures and supporting data is recorded has, for the sake of simplicity, been omitted.  Below are the Bellingham Municipal Code section to be amended, with changes shown as "strike-through" text and underlined new text.  The text below is a required part of the hard-copy petition: 

BMC 10.24.120 - Public Disturbance Noise is hereby amended as follows:
A.  Declaration of Policy.  It is the policy of the City to minimize the exposure of all City residents to excessive noise and to preserve the public health, safety, and welfare.  It is also the express intent of the City Council to control the level of noise in a manner which promotes commerce; the uses, value and enjoyment of property, including music values in commercial districts; while continuing to protect sleep and repose of residents, and the quality of the environment.
It is further the intent of City Council to recognize that music venues add to the vibrancy and economic vitality of the City and to create entertainment districts in the City which would promote and encourage this type of activity while continuing to protect the area residents from excessive noise emanating from those venues.
B.  Entertainment Districts Established.  There is hereby established a Downtown Entertainment District and a Fairhaven Entertainment District.
The Downtown Entertainment District is depicted on the map attached hereto as Exhibit A, and includes both sides of the perimeter streets.
The Fairhaven Entertainment District is depicted on the map attached hereto as Exhibit B, and includes both sides of the perimeter streets.
C.  It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise.  The following sounds are determined to be public disturbance noises:
1.  Frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residentially zoned area, so as to unreasonably disturb or interfere with the peace, comfort and repose of others.
2.  Frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium, which unreasonably disturb the peace, comfort, and repose of a person or persons on public or private property, other than the property from which the sound emanates, such as sounds from musical instruments, audio sound systems, band sessions.
3.  Sound from portable audio equipment, such as tape players, radios, and compact disc
players, operated at a volume so as to be audible greater than 50' from the source and
outside the property of the operator.
4.  Construction and industrial noises, including but not limited to, motorized construction and equipment operation, hammering, blasting, drilling and sawing in residentially zoned areas, between the hours of 10:00 p.m. and 7:00 a.m., which unreasonably disturb or interfere with the peace, comfort and repose of others; provided that this subsection shall not apply to noises caused by projects required in an emergency to repair public facilities or utilities or to prevent immediate damage or harm to persons or property; and further provided that this subsection shall not apply if the City Council grants a variance from the provisions of this
subsection for the construction or repair of a public facility or utility upon a finding that it is either necessary or in the public interest for all or a portion of the work to be performed between the hours of 10:00 p.m. and 7:00 a.m.  The Council may impose such conditions as it deems appropriate upon the granting of a variance.
5.  Subsections 2 and 3 shall not apply to regularly scheduled events at parks, such as public address systems for games and activities or park concerts.  Provided, that the foregoing enumeration of acts and noises not be construed as excluding other acts and noises which offend the public peace.
6.  Sounds caused by illegal use of fireworks prohibited by BMC 10.24.130 - Fireworks.
((6.)) 7.  In considering whether or not sounds emanating from music venues in the Entertainment Districts unreasonably disturb the peace,
comfort and repose of others, the following factors shall be considered:
a.  The time of day or night the sound occurs,
b.  The duration and volume of the sound,
c.  The nature of the sound,
d.  The location of the industry or business from where the sound originates, including consideration of surroundings, and
e.  The location of the complaint.
The above list of factors is non-exhaustive.  The totality of the circumstances should be considered and other factors not listed may also be considered in determining whether or not sound unreasonably disturbs the peace and repose of others as provided in BMC 10.24.120 C. 2.

D.  Penalties
1.  Any person violating this section shall, upon commission of the first such offense, be guilty of having committed a civil infraction, and shall be punished by a fine not to exceed $250.
2.  Any person violating this section shall, upon conviction for a second or subsequent offense, be guilty of having committed a criminal misdemeanor and shall be punished by a fine not to exceed $500 or imprisonment not to exceed 90 days, or by both such fine and imprisonment.
[Ord. 2010-12-070; Ord. 2001-07-055; Ord. 10912 §12, 1997]
BMC 10.24.130 - Fireworks Prohibited is hereby amended as follows:
10.24.130 – Fireworks ((Prohibited))
A.  Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
1.  "Firecracker" or "salute" means a small paper-wrapped or cardboard tube containing not more than fifty milligrams of pyrotechnic composition.  Upon ignition, noise and a flash of light is produced.  External dimensions shall not exceed one and 1/2" in length or 1/4" in diameter.
2.  "Chaser" means a small paper or cardboard tube that travels along the ground upon ignition.  A whistling effect or other noise is often produced.  The explosive composition used to create the noise may not exceed 50 milligrams.
3.  "Sky rocket" means a tube not exceeding 1/2" (12.5 millimeters) inside diameter that may contain up to 20 grams of pyrotechnic composition.  Sky rockets contain a wooden stick for guidance and stability and rise into the air upon ignition.  A burst of color or noise or both is produced at the height of flight.
4.  "Missile-type rocket" means a device similar to a sky rocket in size, composition and effect that uses fins rather than a stick for guidance
and stability.
5.  "Mortar-type firework" means a device including a shell or shells, typically round or cylindrical, that is launched by a lift charge and uses 
a mortar tube.
6.  "Consumer fireworks", as defined by RCW 70.77.136, means any small firework device designed to produce visible effects by 
combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer
Product Safety Commission, as set forth in 16 C.F.R. parts 1500 and 1507 and including some small devices designed to produce audible
effects, such as whistling devices, ground devices containing 50 mg or less of explosive materials, and aerial devices containing 130
mg or less of explosive materials and classified as fireworks containing UN0336 by the United States Department of Transportation at 49
C.F.R. Sec. 172.101 as of the effective date of this section, and not including fused set pieces containing components which together
exceed 50 mg of salute powder and also includes those fireworks devices described in WAC 212-17-035.  ((Consumer fireworks include, but
are not limited to, fireworks devices commonly known as the following:  sparklers, morning glory, ground spinners, multi aerials,
helicopters, parachutes, cone and fountains, roman candles, wheels, novelties, snakes, cakes and smoke devices.))
B.  Whether permitted by state law or not, the manufacture, storage, transportation (except in interstate commerce), sale at wholesale or retail, possession or discharge of firecrackers, salutes, chasers, sky rockets and missile-type rockets and mortar-type fireworks and all consumer fireworks is prohibited in the city, except as allowed by this chapter..
C.  The authority to issue permits under this chapter and RCW Chapter 70.77, as the same may from time to time be amended, is delegated to the Chief of the Fire Department or his designee.  Procedures relating to such permits issued shall comport with the Uniform Fire Code except as necessary to implement the specific provisions of this section.
D.  The following activities, as the same are more fully described in RCW Chapter 70.77 and WAC 212-17, are exempt from the provisions of this chapter:
1.  Public or private displays of display fireworks when permitted under BMC 10.24.130C and BMC 10.24.130E;
2.  Use of fireworks by religious organizations for ceremonial purposes;
3.  Agricultural or wildlife fireworks; ((and))
4.  Pyrotechnics for the entertainment media ((.)) , and
5.  Use of “Trick and novelty devices” as defined by WAC 212-17-30.
E.  The Fire Chief has the authority to issue permits allowing public or private displays of display fireworks for the days of July 4, December 31, and January 1.  The Fire Chief may also consider petitions requesting authorization of professional displays of fireworks by exception on days other than those listed above.  Such petitions may be approved by the Fire Chief at his sole discretion.
F.  Notwithstanding any provision of state law, it shall be unlawful to use or discharge consumer fireworks at any time ((except for the following:  On July 4th between the hours of nine 9'clock a.m. and twelve o'clock midnight, and from six o'clock p.m. on December 31st until one o'clock a.m. on January 1st of the subsequent year.)) within the city.  Nothing in this paragraph shall be construed to permit the use or discharge of firecrackers, salutes, chasers, sky rockets, missile-type rockets, or mortar-type fireworks at any time except pursuant to a valid permit issued by the Fire Chief for a public or private display of display fireworks.
G.  Notwithstanding any provision of state law, it shall be unlawful to sell or purchase consumer fireworks at any time ((except for the following:  From twelve o'clock noon to eleven o'clock p.m. on the twenty-eighth of June, from nine o'clock a.m. to eleven o'clock p.m. on each day from the twenty-ninth of June through the fourth of July, and from twelve o'clock noon to eleven o'clock p.m. on each day from the twenty-seventh of  December through the thirty-first of December of each year)) within the city.
((H.  Any person or organization that sells consumer fireworks within the City limits shall prominently display a sign or signs designed and produced by the Fire Chief to inform the public of the times and dates for which the use or discharge of consumer fireworks is permitted.
I.  It shall be unlawful to manufacture, store, sell, possess, use or discharge any consumer fireworks on any property owned by the City of Bellingham.  This paragraph shall not be construed to apply to City rights-of-way.
J.  It shall be unlawful to knowingly throw or discharge any fireworks from or towards a motor vehicle.
K.  A violation of this section is a misdemeanor, except as otherwise provided by RCW 70.77.))
H.  Penalties
1.  Any person violating this section shall, upon commission of the first such offense, be guilty of having committed a civil infraction, and 
shall be punished by a fine not to exceed $250.
2.  Any person violating this section shall, upon conviction for a second or subsequent offense, be guilty of having committed a criminal 
misdemeanor and shall be punished by a fine not to exceed $500 or imprisonment not to exceed 90 days, or by both such fine and 
imprisonment.
I.  Effective Date:  Per RCW 70.77.250(4), this revised version of BMC 10.24.130 shall not go into effect until one (1) year after its adoption by the City of  Bellingham.
[Ord. 2005-09-074; Ord. 2002-06-040 §1; Ord. 10912 §12, 1997]

BMC 17.20.070 - I F C Chapter 33, Explosives is hereby amended as follows:
The following sections of Chapter 33 of the 2009 edition of the IFC as adopted by Bellingham Municipal Code 17.20.010 are hereby amended as follows:
Section 33.08.12  Prohibition.  The storage, use and handling of fireworks are prohibited.
EXCEPTIONS:
1.  Storage and handling of fireworks is allowed as set forth in RCW 70.77, and Bellingham Municipal Code Section 10.24.130;
2.  The use of fireworks for display is allowed as set forth in RCW 70.77 and Bellingham Municipal Code Section 10.24.130;
((3.  The retail sales and consumer use of fireworks is allowed as set forth in RCW 70.77 and Bellingham Municipal Code 10.24.130.))
[Ord. 2010-06-038; Ord. 2007-07-057]