AN ACT Relating to fireworks; amending RCW 70.77.126, 70.77.131, 70.77.136, 70.77.177, 70.77.250, 70.77.265, 70.77.270, 70.77.280, 70.77.315, 70.77.325, 70.77.340, 70.77.355, 70.77.435, 70.77.440, 70.77.450, 70.77.525, and 35.22.280; adding new sections to chapter 70.77 RCW; prescribing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 1, chapter 230, Laws of 1982 as amended by section 1, chapter 249, Laws of 1984 and RCW 70.77.126 are each amended to read as follows:

"Fireworks" means any composition or device, in a finished state, containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and classified as common or special fireworks by the United States bureau of explosives or contained in the regulations of the United States department of transportation as of the effective date of this 1985 act.

Sec. 2. Section 2, chapter 230, Laws of 1982 as amended by section 2, chapter 249, Laws of 1984 and RCW 70.77.131 are each amended to read as follows:

"Special fireworks" means any fireworks designed primarily for exhibition display by producing visible or audible effects and classified as special fireworks by the United States bureau of explosives or in the regulations of the United States department of transportation as of the effective date of this 1985 act. ((~~The term includes (1) fireworks commonly known as skyrockets, missile-type rockets, firecrackers, salutes, and chasers; and (2) fireworks not classified as common fireworks.~~))

Sec. 3. Section 3, chapter 230, Laws of 1982 as amended by section 3, chapter 249, Laws of 1984 and RCW 70.77.136 are each amended to read as follows:

"Common fireworks" ((~~means~~)) includes any fireworks which are designed primarily ((to)) for sale at retail to the public during prescribed dates and which produce visual or audible effects ((by)) through combustion and classified as common fireworks by the United States bureau of explosives or in the regulations of the United States department of transportation as of the effective date of this 1985 act.

((~~(1) The term includes:~~

(a) Ground and hand-held sparkling devices, including items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, and flitter sparklers;

~~(b) Smoke devices;~~

~~(c) Fireworks commonly known as helicopters, aerials, spinners, roman candles, mines, and shells;~~

~~(d) Class C explosives classified on January 1, 1984, as common fireworks by the United States department of transportation.~~

~~(2) The term does not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets, and missile-type rockets.~~))

NEW SECTION. Sec. 4. A new section is added to chapter 70.77 RCW to read as follows:

(1) "New fireworks item" means any fireworks initially classified or reclassified as special or common fireworks by the United States bureau of explosives or in the regulations of the United States department of transportation after the effective date of this act.

(2) The state fire marshal shall classify any new fireworks item in the same manner as the item is classified by the United States bureau of explosives or in the regulations of the United States department of transportation, unless the state fire marshal determines, stating reasonable grounds, that the item should not be so classified.

Sec. 5. Section 6, chapter 249, Laws of 1984 and RCW 70.77.177 are each amended to read as follows:

"Local fire official" means the chief ((~~of a local fire department or fire protection district, a chief~~)) fire protection officer, or such other person as may be designated by the governing body of a city, town, city-county, or county((~~, or district~~)) to act as a local fire official under this chapter.

Sec. 6. Section 27, chapter 228, Laws of 1961 as last amended by section 7, chapter 249, Laws of 1984 and RCW 70.77.250 are each amended to read as follows:

(1) The state fire marshal shall enforce and administer this chapter.

(2) The state fire marshal shall appoint such deputies and employees as may be necessary and required to carry out the provisions of this chapter.

(3) The state fire marshal may prescribe such rules relating to fireworks as may be necessary for the protection of life and property and for the implementation of this chapter.

(4) The state fire marshal shall prescribe such rules as may be necessary to ensure state-wide ((~~minimum~~)) standards for the enforcement of this chapter. Counties, cities, city-counties, and towns shall comply with such state rules. ((Any local rules adopted by local authorities that are more restrictive than state law as to the types of fireworks that may be sold shall have an effective date no sooner than one year after their adoption.)) Counties, cities, city-counties, and towns shall enact only those laws and ordinances relating to fireworks that are consistent with this chapter. Laws and ordinances of counties, cities, city-counties, and towns that are inconsistent with, more restrictive than, or exceed the state-wide standards and requirements shall not be enacted.

(5) The state fire marshal may exercise the necessary police powers to enforce the criminal provisions of this chapter. This grant of police powers does not prevent any other state agency or local government agency having general law enforcement powers from enforcing this chapter within the jurisdiction of the agency or local government.

NEW SECTION. Sec. 7. A new section is added to chapter 70.77 RCW to read as follows:

Every city, county, city-county, or town is authorized to enact as an ordinance of that city, county, city-county, or town this entire chapter. The city, county, city-county, or town may not modify the language of any section or omit any section in enacting this chapter except as necessary to put a section in the proper form of an ordinance or to provide for a sentence to be served in the appropriate detention facility. The ordinance must provide for the same maximum penalty for the violation of any misdemeanor or gross misdemeanor as may be imposed under this chapter.

NEW SECTION. Sec. 8. A new section is added to chapter 70.77 RCW to read as follows:

(1) This chapter constitutes the exclusive legislative authority for the licensing and regulation of fireworks and the state preempts such licensing and regulatory functions, except as to the powers and duties of any city, town, city-county, or county which are specifically set forth in this chapter. Except as provided in subsection (2) of this section, any ordinance, resolution, or other legislative act by any city, town, city-county, or county relating to fireworks in existence on June 15, 1985, which is inconsistent with, more restrictive than, or exceeds the state-wide standards and requirements of this chapter shall be as of that date null and void and of no effect. Any such city, town, city-county, or county may enact only such local law as is consistent with the powers and duties expressly granted to and imposed upon it by this chapter and which is not in conflict with this chapter or with the rules prescribed by the state fire marshal pursuant to RCW 70.77.250.

(2) A provision of a local fireworks ordinance enacted by any city, town, city-county, or county on or before January 1, 1985, shall remain in full force and effect without change as an ordinance or as a part of a new ordinance enacted pursuant to this chapter only if that provision:

(a) While allowing at least one permit, establishes a reasonable limit to the number of fireworks retail permits which may be issued in that city, town, city-county, or county; or

(b) Establishes a reasonable system for priority in issuing fireworks retail permits in that city, town, city-county, or county.

Sec. 9. Section 30, chapter 228, Laws of 1961 as amended by section 12, chapter 249, Laws of 1984 and RCW 70.77.265 are each amended to read as follows:

The local fire official receiving an application for a permit under RCW 70.77.260(1) shall investigate the application to insure that it meets all applicable fire codes for temporary structures and submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the governing body of the city, county, ((~~or fire protection district~~)) city-county, or town.

Sec. 10. Section 31, chapter 228, Laws of 1961 as amended by section 13, chapter 249, Laws of 1984 and RCW 70.77.270 are each amended to read as follows:

The governing body of a city, county, ((~~or fire protection district~~)) city-county, or town may grant or deny an application for a permit under RCW 70.77.260(1). The governing body may place reasonable conditions on any permit it issues.

Sec. 11. Section 33, chapter 228, Laws of 1961 as amended by section 14, chapter 249, Laws of 1984 and RCW 70.77.280 are each amended to read as follows:

The local fire official receiving an application for a permit under RCW 70.77.260(2) for a public display of fireworks shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. Based on the investigation, the official shall submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the governing body of the city, county, ((~~or fire protection district~~)) city-county, or town. The governing body may grant or deny the application and may place reasonable conditions on any permit it issues.

Sec. 12. Section 40, chapter 228, Laws of 1961 as amended by section 20, chapter 230, Laws of 1982 and RCW 70.77.315 are each amended to read as follows:

Any person who desires to engage in the manufacture, importation, sale, or use of fireworks, except use as provided in RCW 70.77.255(4) and 70.77.311, shall make a written application to the state fire marshal on forms provided by him. Such application shall be accompanied by the annual license fee as prescribed in this chapter.

Sec. 13. Section 42, chapter 228, Laws of 1961 as last amended by section 20, chapter 249, Laws of 1984 and RCW 70.77.325 are each amended to read as follows:

(1) Application for a license shall be made annually by every person holding an existing license who wishes to continue the activity requiring the license. The application shall be accompanied by the annual license fee as prescribed in RCW 70.77.340.

(2) A person applying for an annual license as a retailer under this chapter shall file an application by June ((10)) 1 of the current year. The state fire marshal shall grant or deny the license within fifteen working days of receipt of the application.

(3) A person applying for an annual license as a manufacturer, importer, or wholesaler under this chapter shall file an application by January 31 of the current year. The state fire marshal shall grant or deny the license within ninety days of receipt of the application.

Sec. 14. Section 45, chapter 228, Laws of 1961 as amended by section 24, chapter 230, Laws of 1982 and RCW 70.77.340 are each amended to read as follows:

The original and annual license fee shall be as follows:

@i6

!tp1Manufacturer!w×!tr!sc ,14

!ae0!tr$!sc ,002((~~500.00~~))

!tj1!tr750.00

Importer!w×!tr!sc ,14

!ae0!tr((~~100.00~~))

!tj1!tr150.00

Wholesaler!w×!tr!sc ,14

!ae0!tr((~~1,000.00~~))

!tj1!tr2,500.00

Retailer (for each separate retail outlet)!w×!tr!sc ,14

!ae0!tr((~~10.00~~))

!tj1!tr15.00

Public display for special fireworks!w×!tr!sc ,14

!ae0!tr((~~10.00~~))

!tj1!tr15.00

Pyrotechnic operator for special fireworks!w×!tr!sc ,14

!ae0!tr((~~5.00~~))

!tj1!tr7.50

!ix!te

Sec. 15. Section 48, chapter 228, Laws of 1961 as last amended by section 21, chapter 249, Laws of 1984 and RCW 70.77.355 are each amended to read as follows:

(1) Any adult person may secure a general license from the state fire marshal for the public display of fireworks within the state of Washington. A general license is subject to the provisions of this chapter relative to the securing of local permits for the public display of fireworks in any city, county, ((~~or fire protection district~~)) city-county, or town, except that in lieu of filing the bond or certificate of public liability insurance with the appropriate local official under RCW 70.77.260 as required in RCW 70.77.285, the same bond or certificate shall be filed with the state fire marshal. The bond or certificate of insurance for a general license in addition shall provide that: (a) The insurer will not cancel the insured's coverage without fifteen days prior written notice to the state fire marshal; (b) the duly licensed pyrotechnic operator required by law to supervise and discharge the public display, acting either as an employee of the insured or as an independent contractor and the state of Washington, its officers, agents, employees, and servants are included as additional insureds, but only insofar as any operations under contract are concerned; and (c) the state is not responsible for any premium or assessments on the policy.

(2) The state fire marshal may issue such general licenses. The holder of a general license shall file a certificate from the state fire marshal evidencing the license with any application for a local permit for the public display of fireworks under RCW 70.77.260.

Sec. 16. Section 64, chapter 228, Laws of 1961 as amended by section 37, chapter 230, Laws of 1982 and RCW 70.77.435 are each amended to read as follows:

Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this chapter or the rules or regulations of the state fire marshal shall be subject to seizure by the state fire marshal or any deputy state fire marshal. Any fireworks seized ((~~under this section~~)) by legal process anywhere in the state may only be disposed of by the state fire marshal. The state fire marshal shall dispose of seized fireworks by summary destruction at any time subsequent to thirty days from such seizure or ten days from the final termination of proceedings under the provisions of RCW 70.77.440, whichever is later.

Sec. 17. Section 65, chapter 228, Laws of 1961 as amended by section 29, chapter 249, Laws of 1984 and RCW 70.77.440 are each amended to read as follows:

(1) ((Any person whose fireworks are seized under the provisions of RCW 70.77.435 may within ten days after such seizure petition the state fire marshal to return the fireworks seized upon the ground that such fireworks were illegally or erroneously seized. Any petition filed hereunder shall be considered by the state fire marshal within fifteen days after filing and an oral hearing granted the petitioner, if requested. Notice of the decision of the state fire marshal shall be served upon the petitioner. The state fire marshal may order the fireworks seized under this chapter disposed of or returned to the petitioner if illegally or erroneously seized. The determination of the state fire marshal is final unless within sixty days an action is commenced in a court of competent jurisdiction in the state of Washington for the recovery of the fireworks seized by the state fire marshal.

(2) If the fireworks are not returned to the petitioner or destroyed pursuant to RCW 70.77.435, the state fire marshal may sell confiscated common fireworks and special fireworks that are legal for use and possession under this chapter to wholesalers licensed by the state fire marshal.)) In the event of seizure under RCW 70.77.435, proceedings for forfeiture shall be deemed commenced by the seizure. The state fire marshal or deputy state fire marshal under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the fireworks seized and the person in charge thereof and any person having any known right or interest therein, of the seizure and intended forfeiture of the seized property. The notice may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the fifteen-day period following the seizure.

(2) If no person notifies the state fire marshal in writing of the person's claim of lawful ownership or right to lawful possession of seized fireworks within thirty days of the seizure, the seized fireworks shall be deemed forfeited.

(3) If any person notifies the state fire marshal in writing of the person's claim of lawful ownership or possession of the fireworks within thirty days of the seizure, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The hearing shall be before an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the seized fireworks is more than five hundred dollars. The hearing before an administrative law judge and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the article or articles involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys' fees. The burden of producing evidence shall be upon the person claiming to have the lawful right to possession of the seized fireworks. The state fire marshal shall promptly return the fireworks to the claimant upon a determination by the administrative law judge or court that the claimant is lawfully entitled to possession of the fireworks.

(4) When fireworks are forfeited under this chapter the state fire marshal may:

(a) Dispose by summary destruction those fireworks that are not legal for use and possession in this state; or

(b) Sell the forfeited common fireworks and special fireworks that are legal for use and possession in this state to wholesalers licensed by the state fire marshal. Sale shall be by public auction after publishing a notice of the date, place, and time of the auction in a newspaper of general circulation in the county in which the auction is to be held, at least three days before the date of the auction. The proceeds of the sale of the seized fireworks under this section shall be deposited in the general fund. ((~~Fireworks that are not legal for use and possession in this state shall be destroyed by the state fire marshal.~~))

Sec. 18. Section 67, chapter 228, Laws of 1961 and RCW 70.77.450 are each amended to read as follows:

The state fire marshal may make an examination of the books and records of any licensee, or other person relative to fireworks, and may visit and inspect the premises of any licensee he may deem at any time necessary for the purpose of enforcing the provisions of this chapter. The licensee, owner, lessee, manager, or operator of any such building or premises shall permit the state fire marshal, his deputies, his salaried assistants and the chief of any city ((or)), county, city-county, or town fire department ((~~or fire protection district~~)) and their authorized representatives to enter and inspect the premises at the time and for the purpose stated in this section.

Sec. 19. Section 82, chapter 228, Laws of 1961 as amended by section 42, chapter 230, Laws of 1982 and RCW 70.77.525 are each amended to read as follows:

Provided that the requirements of section 20 of this 1985 act are met, this chapter does not prohibit any manufacturer, wholesaler, dealer, or jobber, having a license and a permit secured under the provisions of this chapter, from manufacturing or selling any kind of fireworks for direct shipment out of this state.

NEW SECTION. Sec. 20. (1) It is unlawful for any person to sell fireworks, at wholesale or retail, for direct shipment out of this state and delivery in any other state, to any person who does not possess and present to the seller for inspection at the time of sale a valid license and/or permit, where such a license and/or permit is required to purchase, possess, transport, store, distribute, sell, or otherwise deal with or use fireworks, by the laws of such other state specifically prohibiting or regulating the use of fireworks.

(2) The burden of ascertaining whether the laws of such other state require a license and/or permit and whether the purchaser possesses such a valid license and/or permit shall be entirely on the seller. Each seller shall record, in a manner prescribed by the state fire marshal, each sale as described in this section, to include the identification of type and quantity of fireworks sold, name of purchaser, state of destination, state issuing license and/or permit, and number or other identifying description and date of issue of license and/or permit.

(3) Every person who violates or knowingly aids and abets the violation of this section is guilty of a gross misdemeanor. Each sale of fireworks in violation of this section shall be considered a separate offense. Notwithstanding the existence or use of any other remedy, any person violating this section may be enjoined from continuing such violation.

NEW SECTION. Sec. 21. (1) It is unlawful for any person to ship, cause to be shipped, or request to be shipped into or within the state by any means except as provided in this section, any items of fireworks without first having secured the required licenses and permits from the state fire marshal as provided in RCW 70.77.255 and 70.77.315. Possession of the licenses and permits is a condition prerequisite to shipping, causing to be shipped, or requesting shipment of any fireworks into or within the state. This subsection applies to nonresidents as well as residents of the state of Washington.

(2) Any manufacturer, wholesaler, or importer of fireworks shall keep a record of all sales showing the name and address of purchaser, state of destination, license and permit numbers, state issuing permit, date of issuance of permit, and list of type and quantity of items sold.

NEW SECTION. Sec. 22. No person, firm, partnership, or corporation may knowingly advertise for sale fireworks which are unlawful pursuant to this chapter.

NEW SECTION. Sec. 23. Notwithstanding the existence or use of any other penalty or remedy, any person violating the provisions of this chapter may be enjoined from continuing such violation. Such injunction may be by temporary restraining order, preliminary or permanent injunction, or other process, or a combination of such, in the manner provided by law.

NEW SECTION. Sec. 24. No fireworks may be sold or offered for sale to the public as common fireworks which are classified as sky rockets, or missile-type rockets, firecrackers, salutes, or chasers as defined by the United States department of transportation and the federal consumer products safety commission except as provided in section 4 of this act.

NEW SECTION. Sec. 25. (1) Every wholesaler must carry public liability insurance for each wholesale and retail fireworks outlet it operates. The amount of such a surety bond or certificate of insurance shall be not less than fifty thousand dollars and one million dollars for bodily injury liability for each person and event, respectively, and not less than twenty-five thousand dollars for property damage liability for each event or one million dollars combined single limit liability insurance.

(2) No wholesaler may sell or supply fireworks to any retail outlet unless the wholesaler determines that the retail outlet carries public liability insurance in the same amount as provided in subsection (1) of this section.

NEW SECTION. Sec. 26. "Consumer or user" as used in this chapter has its ordinary meaning and specifically includes, where applicable, natural persons, corporations, trusts, unincorporated associations, and partnerships that, at a fixed location or place of business, purchase, accept, or receive common fireworks.

NEW SECTION. Sec. 27. (1) This chapter is in the public interest and the commission by any person of an act or practice prohibited by this chapter is declared to be an unfair act or practice or unfair method of competition in the conduct of trade or commerce for the purpose of the application of the consumer protection act, chapter 19.86 RCW.

(2) Remedies under chapter 19.86 RCW are in addition to the enforcement provisions of this chapter.

NEW SECTION. Sec. 28. Sections 20 through 27 of this act are each added to chapter 70.77 RCW.

Sec. 29. Section 35.22.280, chapter 7, Laws of 1965 as last amended by section 802, chapter 258, Laws of 1984 and RCW 35.22.280 are each amended to read as follows:

Any city of the first class shall have power:

(1) To provide for general and special elections, for questions to be voted upon, and for the election of officers;

(2) To provide for levying and collecting taxes on real and personal property for its corporate uses and purposes, and to provide for the payment of the debts and expenses of the corporation;

(3) To control the finances and property of the corporation, and to acquire, by purchase or otherwise, such lands and other property as may be necessary for any part of the corporate uses provided for by its charter, and to dispose of any such property as the interests of the corporation may, from time to time, require;

(4) To borrow money for corporate purposes on the credit of the corporation, and to issue negotiable bonds therefor, on such conditions and in such manner as shall be prescribed in its charter; but no city shall, in any manner or for any purpose, become indebted to an amount in the aggregate to exceed the limitation of indebtedness prescribed by chapter 39.36 RCW as now or hereafter amended;

(5) To issue bonds in place of or to supply means to meet maturing bonds or other indebtedness, or for the consolidation or funding of the same;

(6) To purchase or appropriate private property within or without its corporate limits, for its corporate uses, upon making just compensation to the owners thereof, and to institute and maintain such proceedings as may be authorized by the general laws of the state for the appropriation of private property for public use;

(7) To lay out, establish, open, alter, widen, extend, grade, pave, plank, establish grades, or otherwise improve streets, alleys, avenues, sidewalks, wharves, parks, and other public grounds, and to regulate and control the use thereof, and to vacate the same, and to authorize or prohibit the use of electricity at, in, or upon any of said streets, or for other purposes, and to prescribe the terms and conditions upon which the same may be so used, and to regulate the use thereof;

(8) To change the grade of any street, highway, or alley within its corporate limits, and to provide for the payment of damages to any abutting owner or owners who shall have built or made other improvements upon such street, highway, or alley at any point opposite to the point where such change shall be made with reference to the grade of such street, highway, or alley as the same existed prior to such change;

(9) To authorize or prohibit the locating and constructing of any railroad or street railroad in any street, alley, or public place in such city, and to prescribe the terms and conditions upon which any such railroad or street railroad shall be located or constructed; to provide for the alteration, change of grade, or removal thereof; to regulate the moving and operation of railroad and street railroad trains, cars, and locomotives within the corporate limits of said city; and to provide by ordinance for the protection of all persons and property against injury in the use of such railroads or street railroads;

(10) To provide for making local improvements, and to levy and collect special assessments on property benefited thereby, and for paying for the same or any portion thereof;

(11) To acquire, by purchase or otherwise, lands for public parks within or without the limits of such city, and to improve the same. When the language of any instrument by which any property is so acquired limits the use of said property to park purposes and contains a reservation of interest in favor of the grantor or any other person, and where it is found that the property so acquired is not needed for park purposes and that an exchange thereof for other property to be dedicated for park purposes is in the public interest, the city may, with the consent of the grantor or such other person, his heirs, successors, or assigns, exchange such property for other property to be dedicated for park purposes, and may make, execute, and deliver proper conveyances to effect the exchange. In any case where, owing to death or lapse of time, there is neither donor, heir, successor, or assignee to give consent, this consent may be executed by the city and filed for record with an affidavit setting forth all efforts made to locate people entitled to give such consent together with the facts which establish that no consent by such persons is attainable. Title to property so conveyed by the city shall vest in the grantee free and clear of any trust in favor of the public arising out of any prior dedication for park purposes, but the right of the public shall be transferred and preserved with like force and effect to the property received by the city in such exchange;

(12) To construct and keep in repair bridges, viaducts, and tunnels, and to regulate the use thereof;

(13) To determine what work shall be done or improvements made at the expense, in whole or in part, of the owners of the adjoining contiguous, or proximate property, or others specially benefited thereby; and to provide for the manner of making and collecting assessments therefor;

(14) To provide for erecting, purchasing, or otherwise acquiring waterworks, within or without the corporate limits of said city, to supply said city and its inhabitants with water, or authorize the construction of same by others when deemed for the best interests of such city and its inhabitants, and to regulate and control the use and price of the water so supplied;

(15) To provide for lighting the streets and all public places, and for furnishing the inhabitants thereof with gas or other lights, and to erect, or otherwise acquire, and to maintain the same, or to authorize the erection and maintenance of such works as may be necessary and convenient therefor, and to regulate and control the use thereof;

(16) To establish and regulate markets, and to provide for the weighing, measuring, and inspection of all articles of food and drink offered for sale thereat, or at any other place within its limits, by proper penalties, and to enforce the keeping of proper legal weights and measures by all vendors in such city, and to provide for the inspection thereof;

(17) To erect and establish hospitals and pesthouses, and to control and regulate the same;

(18) To provide for establishing and maintaining reform schools for juvenile offenders;

(19) To provide for the establishment and maintenance of public libraries, and to appropriate, annually, such percent of all moneys collected for fines, penalties, and licenses as shall be prescribed by its charter, for the support of a city library, which shall, under such regulations as shall be prescribed by ordinance, be open for use by the public;

(20) To regulate the burial of the dead, and to establish and regulate cemeteries within or without the corporate limits, and to acquire land therefor by purchase or otherwise; to cause cemeteries to be removed beyond the limits of the corporation, and to prohibit their establishment within two miles of the boundaries thereof;

(21) To direct the location and construction of all buildings in which any trade or occupation offensive to the senses or deleterious to public health or safety shall be carried on, and to regulate the management thereof; and to prohibit the erection or maintenance of such buildings or structures, or the carrying on of such trade or occupation within the limits of such corporation, or within the distance of two miles beyond the boundaries thereof;

(22) To provide for the prevention and extinguishment of fires and to regulate or prohibit the transportation, keeping, or storage of all combustible or explosive materials within its corporate limits((~~, and to regulate and restrain the use of fireworks~~));

(23) To establish fire limits and to make all such regulations for the erection and maintenance of buildings or other structures within its corporate limits as the safety of persons or property may require, and to cause all such buildings and places as may from any cause be in a dangerous state to be put in safe condition;

(24) To regulate the manner in which stone, brick, and other buildings, party walls, and partition fences shall be constructed and maintained;

(25) To deepen, widen, dock, cover, wall, alter, or change the channels of waterways and courses, and to provide for the construction and maintenance of all such works as may be required for the accommodation of commerce, including canals, slips, public landing places, wharves, docks, and levees, and to control and regulate the use thereof;

(26) To control, regulate, or prohibit the anchorage, moorage, and landing of all watercrafts and their cargoes within the jurisdiction of the corporation;

(27) To fix the rates of wharfage and dockage, and to provide for the collection thereof, and to provide for the imposition and collection of such harbor fees as may be consistent with the laws of the United States;

(28) To license, regulate, control, or restrain wharf boats, tugs, and other boats used about the harbor or within such jurisdiction;

(29) To require the owners of public halls or other buildings to provide suitable means of exit; to provide for the prevention and abatement of nuisances, for the cleaning and purification of watercourses and canals, for the drainage and filling up of ponds on private property within its limits, when the same shall be offensive to the senses or dangerous to health; to regulate and control, and to prevent and punish, the defilement or pollution of all streams running through or into its corporate limits, and for the distance of five miles beyond its corporate limits, and on any stream or lake from which the water supply of said city is taken, for a distance of five miles beyond its source of supply; to provide for the cleaning of areas, vaults, and other places within its corporate limits which may be so kept as to become offensive to the senses or dangerous to health, and to make all such quarantine or other regulations as may be necessary for the preservation of the public health, and to remove all persons afflicted with any infectious or contagious disease to some suitable place to be provided for that purpose;

(30) To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist;

(31) To regulate the selling or giving away of intoxicating, malt, vinous, mixed, or fermented liquors as authorized by the general laws of the state: PROVIDED, That no license shall be granted to any person or persons who shall not first comply with the general laws of the state in force at the time the same is granted;

(32) To grant licenses for any lawful purpose, and to fix by ordinance the amount to be paid therefor, and to provide for revoking the same: PROVIDED, That no license shall be granted to continue for longer than one year from the date thereof;

(33) To regulate the carrying on within its corporate limits of all occupations which are of such a nature as to affect the public health or the good order of said city, or to disturb the public peace, and which are not prohibited by law, and to provide for the punishment of all persons violating such regulations, and of all persons who knowingly permit the same to be violated in any building or upon any premises owned or controlled by them;

(34) To restrain and provide for the punishment of vagrants, mendicants, prostitutes, and other disorderly persons;

(35) To provide for the punishment of all disorderly conduct, and of all practices dangerous to public health or safety, and to make all regulations necessary for the preservation of public morality, health, peace, and good order within its limits, and to provide for the arrest, trial, and punishment of all persons charged with violating any of the ordinances of said city. The punishment shall not exceed a fine of five thousand dollars or imprisonment in the city jail for one year, or both such fine and imprisonment;

(36) To project or extend its streets over and across any tidelands within its corporate limits, and along or across the harbor areas of such city, in such manner as will best promote the interests of commerce;

(37) To provide in their respective charters for a method to propose and adopt amendments thereto.

NEW SECTION. Sec. 30. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 31. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.