Chapter 15.12
FIREWORKS
Sections:
15.12.040 Activities requiring permit.
15.12.050 Application for permit.
15.12.070 Common fireworks – Use.
15.12.080 Violation – Penalty.
15.12.090 Seizure of fireworks.
15.12.120 Liberal construction.
15.12.010 Purpose.
The purpose of this chapter is to:
A. Establish a permitting process regulating, within the City limits, the manufacturing, importing, possessing, or selling of any fireworks at wholesale; making a public display of fireworks; transporting fireworks (except as a public carrier delivering to a licensee); and establishing or maintaining a place where fireworks are manufactured, constructed, produced, packaged, stored, sold, exchanged, discharged or used.
B. Regulate the sale or discharge, within the City limits, of any common fireworks, as specified in Chapter 8.12 AHMC and authorized by RCW 70.77.395. In the case of Brown v. Yakima, 116 Wn.2d 556, 807 P.2d 353 (1991), the Washington State Supreme Court held that the Washington State Legislature did not intend to preempt the entire field of fireworks regulations by enacting Chapter 70.77 RCW. The court further held that an ordinance adopted by the City of Yakima further restricting the dates and times as set forth in RCW 70.77.395 during which common fireworks may be sold or discharged within its jurisdiction was constitutional and did not violate Article XI, Section 11 of the Washington State Constitution. The City now desires to exercise its rights as provided in Article XI, Section 11 of the Washington State Constitution, RCW 35A.70.070 and 70.77.250, to regulate, within the City’s incorporated areas, the manufacturing, importing, possessing, or selling of any fireworks at wholesale; making a public display of fireworks; transporting fireworks (except as a public carrier delivering to a licensee); establishing or maintaining a place where fireworks are manufactured, constructed, produced, packaged, stored, sold, exchanged, discharged or used; and prohibit the sale or discharge within the incorporated areas of Airway Heights of any common fireworks. In exercising this right, the City would be prohibiting the sale or discharge of common fireworks, as presently authorized in RCW 70.77.395. (Ord. C-800 § 61, 2013)
15.12.020 Definitions.
The definitions set forth in this section shall govern the construction of this chapter, unless the context otherwise requires.
“Applicant” means any person who makes application for a permit under the terms of this chapter.
“Common fireworks” means any fireworks designed primarily to produce visual or audible effects by combustion.
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, by the Federal Department of Transportation in CFR Title 49, Subtitle B, Chapter I, Part 173, Subpart C.
2. The term does not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets, or missile-type rockets.
“Director” means the City Fire Chief or his/her designee, who shall act as the local Fire Official.
“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.
“Importer” means any person, who, for any purpose:
1. Brings fireworks into the City or causes fireworks to be brought into the City;
2. Procures the delivery or receives shipments of any fireworks into the City; or
3. Buys or contracts to buy fireworks for shipment into the City.
“License” means a nontransferable formal authorization which the state of Washington is permitted to issue under provisions of Chapter 70.77 RCW to engage in the act specifically designated therein.
“Manufacturer” includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays for fireworks.
“Permit” means the official permission granted by the Director for the purpose of establishing and maintaining a place within the incorporated areas of the City where fireworks are manufactured, constructed, produced, packaged, stored, exchanged, discharged or used.
“Permittee” means any person holding a fireworks permit in conformance with this chapter.
“Person” includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
“Public display of fireworks” means an entertainment feature where the public is admitted or permitted to view the display or discharge of special fireworks.
“Pyrotechnic operator” includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging public displays of special fireworks, and who is licensed by the state of Washington.
“Retailer” includes any person who, at a fixed location or place of business, sells, transfers, or gives fireworks to a consumer or user.
“Special fireworks” means any fireworks designed primarily for exhibition display by producing visible or audible effects. The term includes:
1. Fireworks commonly known as skyrockets, missile-type rockets, firecrackers, salutes, and chasers; and
2. Fireworks not classified as common fireworks.
“Wholesaler” includes any person other than an importer, exporter, or manufacturer selling only to wholesalers, who sells fireworks to a retailer or any other person for resale, and also includes any person who sells special fireworks to public display permits. (Ord. C-800 § 62, 2013)
15.12.030 Scope.
The provisions of this chapter shall apply to the City limits of Airway Heights. (Ord. C-800 § 63, 2013)
15.12.040 Activities requiring permit.
In addition to a license issued by the Washington State Director of Community Development through the Director of Fire Protection, a person needs a City permit to:
A. Manufacture, import, possess (except as provided below) or sell any fireworks at wholesale for any use;
B. Make a public display of fireworks;
C. Transport fireworks, except as a public carrier delivering to a permittee;
D. Establish or maintain a place where fireworks are manufactured, constructed, produced, packaged, stored, sold, exchanged, discharged, or used. No permit shall be issued by the county for the retail sale of any fireworks. (Ord. C-800 § 64, 2013)
15.12.050 Application for permit.
An applicant for a permit required under this chapter shall make written application to the Fire Chief at least 30 days prior to commencement of the activity for which the permit is sought. The form of the application and the criteria for issuance, denial, or issuance with conditions shall be the same as used by the Washington State Director of Community Development through the Director of Fire Protection in processing applications for the corresponding state license. It is the intent of this section that local permits follow the provisions and procedures for state licenses as closely as practicable. (Ord. C-800 § 65, 2013)
15.12.060 Permit – Fees.
A. The Fire Chief is charged with the duty of administering this chapter and collecting fees provided herein. The permit fee hereunder shall be determined by the most recent City resolution.
1. Manufacturers, wholesalers, importers, and exporters: annual fee shall be required.
2. Public display of fireworks: based per each display.
3. Fireworks stand: based per stand erected.
B. The fees prescribed hereunder shall be paid at the time the application for a permit is filed with the Fire Chief and there shall be no refunds. Annual permit fees shall be for the period from January 1st to December 31st of each year or any fractional part thereof. All permits shall expire on December 31st of the year issued, unless sooner surrendered or revoked. (Ord. C-800 § 66, 2013)
15.12.070 Common fireworks – Use.
It is unlawful for any person to ignite, discharge, use or explode any common fireworks within the incorporated areas of Airway Heights, except when duly permitted pursuant to the provisions of Chapter 8.12 AHMC and AHMC 15.12.040. (Ord. C-800 § 67, 2013)
15.12.080 Violation – Penalty.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court, of not more than $1,000, or both such imprisonment and fine. (Ord. C-800 § 68, 2013)
15.12.090 Seizure of fireworks.
Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this chapter shall be subject to seizure by the Fire Chief or his/her designee by summary destruction at any time subsequent to 30 days from the seizure or 10 days from final termination of the proceedings under the provisions of AHMC 15.12.100, whichever is later. (Ord. C-800 § 69, 2013)
15.12.100 Seizure of fireworks – Petition for return – Hearing decision – Judicial action for recovery – Sale of confiscated fireworks.
A. Any person whose fireworks are seized under the provisions of AHMC 15.12.090 may, within 10 days after such seizure, petition the Fire Chief to return the fireworks seized upon the ground that such fireworks were illegally or erroneously seized. The Fire Chief shall consider any petition filed hereunder within 15 days after filing and an oral hearing be granted the petitioner, if requested. Notice of the decision of the Fire Chief shall be served upon the petitioner. The Fire Chief may order the fireworks seized under this section disposed of or returned to the petitioner if illegally or erroneously seized. The determination of the Fire Chief is final unless, within 60 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 Fire Chief.
B. If the fireworks are not returned to petitioner, or destroyed as provided for in AHMC 15.12.090, the Fire Chief may sell confiscated common fireworks and special fireworks that are legal for use and possession under the provisions of this chapter to wholesalers licensed under Chapter 70.77 RCW. 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 Spokane County, 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 City’s general fund. The Fire Chief shall destroy fireworks that are not legal for use and possession in the state. (Ord. C-800 § 70, 2013)
15.12.110 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or application of its provisions to other persons or circumstances is not affected. (Ord. C-800 § 71, 2013)
15.12.120 Liberal construction.
This chapter shall be deemed to be an exercise of the police power of the City to preserve the public peace, health, safety, and welfare, and its provisions shall be liberally construed for the accomplishment of that purpose. (Ord. C-800 § 72, 2013)