Chapter 8.30
FIREWORKS AND EXPLOSIVES*
Sections:
8.30.020 License to sell—Required—Issuance—Fee.
8.30.025 Fireworks sales authorized—When.
8.30.030 Fireworks discharge permitted—When.
8.30.050 Terms and conditions.
* Code reviser’s note: Ord. 17-20 adds this chapter with duplicate section numbers. The sections have been renumbered to remove the duplicates.
8.30.010 Purpose.
The purpose of this chapter is to implement and supplement the state fireworks law, Chapter 70.77 RCW. The provisions of this chapter shall be construed and applied in accordance with the definitions, requirements and prohibitions of said state law and all rules and regulations issued by the Chief of the Washington State Patrol, through the director of fire protection pursuant thereto. (Ord. 18-14 § 1 (part), 2018: Ord. 18-12 § 1 (part), 2018: Ord. 18-11 § 1 (part), 2018: Ord. 17-20 § 1 (part), 2017)
8.30.020 License to sell—Required—Issuance—Fee.
A. It is unlawful for any firm, corporation, or person to sell, trade or offer to sell, trade or exchange fireworks, firecrackers or other combustible substances, explosives or Fourth of July fireworks unless the same are declared safe by the state of Washington department governing fireworks and unless a license is first obtained from the planning director for the city of Battle Ground.
B. The license to sell fireworks shall be issued to nonprofit organizations, service clubs, or charitable organizations. For the purpose of this chapter, “nonprofit organization, service clubs, and charitable organizations” shall be defined as an organization designated as a nonprofit, and currently recognized by the state of Washington as a nonprofit, a primary organization with an identified and accepted public purpose, and/or an organization created and operated under the auspices of a primary organization with an identified and accepted public purpose. For the purposes of this chapter, separate chapters of an organization shall be considered the same person, firm, or corporation.
C. Only one stand per organization to which a license is issued shall be authorized. The cost of the license shall be listed in the city of Battle Ground fee schedule. If tents or temporary membrane structures in excess of four hundred square feet are utilized for sale or display of fireworks, a separate tent permit and corresponding fee shall be required in accordance with BGMC 15.104.011. The number of permits allowed within the city of Battle Ground will be assessed at a ratio of one permit for every five thousand residents, or fraction thereof, living in the city limits.
D. All eligible persons and organizations interested in applying for a license to sell fireworks shall file with the city a fireworks lottery application by the last business day of January of the year for which a license is sought.
To be eligible to apply for a license to sell fireworks, an application for the lottery must be filed during normal business hours between January 1st and January 31st of each year, after which time the filing period for that year will close. All applications shall be submitted in writing on forms provided by the city. Should the city determine that a lottery applicant does not satisfy the requirements of this chapter, the applicant shall be notified that the application submitted will not be entered into the lottery.
A lottery for a license to sell fireworks will be held on or before March 15th each year.
For lottery awardees, applications for the fireworks stand permit shall be made a minimum of thirty days before the first authorized day of the sale of fireworks. The applicable license to sell fireworks/fireworks stand permit fee as listed on the Battle Ground fee schedule shall be paid at the time the application is submitted. Permits are valid for one full calendar year. Any transfer or purported transfer of such permit, permission granted or rights obtained by acquiring a permit shall be deemed a violation of this chapter and shall void the permit. (Ord. 20-16 § 1, 2020: Ord. 18-27 § 1, 2018: Ord. 18-14 § 1 (part), 2018: Ord. 18-12 § 1 (part), 2018: Ord. 18-11 § 1 (part), 2018: Ord. 17-20 § 1 (part), 2017)
8.30.025 Fireworks sales authorized—When.
It is unlawful for any person to sell any squib, firecracker, gunpowder, or other combustible substance, or fireworks or common fireworks as defined in Chapter 70.77 RCW within the city of Battle Ground at times other than permitted in the table set out below.
A. Dates When Sale Permitted. It is legal to sell and purchase consumer fireworks during the following dates and times each year:
|
Legal Fireworks Sales Times |
||||||||
|---|---|---|---|---|---|---|---|---|
|
July 1 |
July 2 |
July 3 |
July 4 |
Dec. 27 |
Dec. 28 |
Dec. 29 |
Dec. 30 |
Dec. 31 |
|
9 a.m.—11 p.m. |
9 a.m.—11 p.m. |
9 a.m.—11 p.m. |
9 a.m.—11 p.m. |
Noon—11 p.m. |
Noon—11 p.m. |
Noon—11 p.m. |
Noon—11 p.m. |
Noon—11 p.m. |
(Ord. 18-14 § 1 (part), 2018: Ord. 18-12 § 1 (part), 2018)
8.30.030 Fireworks discharge permitted—When.
It is unlawful for any person to fire or discharge any squib, firecracker, gunpowder, or other combustible substance, or fireworks or common fireworks as defined in Chapter 70.77 RCW within the city of Battle Ground at times other than permitted in the table set out below. The fire marshal may suspend or ban the discharge of fireworks or common fireworks upon consideration of current moisture levels, wind speeds, lack of rain, and other fire related factors.
A. Dates When Use Permitted. Consumer fireworks may be used or discharged during the following dates and times each year:
|
Legal Fireworks Discharge Times |
||
|---|---|---|
|
July 3 |
July 4 |
Dec. 31 |
|
9 a.m.—11 p.m. |
9 a.m.—midnight |
6 p.m.—1 a.m. |
(Ord. 18-14 § 1 (part), 2018: Ord. 18-12 § 1 (part), 2018: Ord. 18-11 § 1 (part), 2018: Ord. 17-20 § 1 (part), 2017)
8.30.040 Fireworks stands.
The retail sale of common fireworks shall be permitted only from:
Temporary stands, structures, or facilities; provided, that such stands shall comply with the applicable provisions of Chapter 70.77 RCW and Chapter 212-17 WAC. (Ord. 18-14 § 1 (part), 2018: Ord. 18-12 § 1 (part), 2018: Ord. 18-11 § 1 (part), 2018: Ord. 17-20 § 1 (part), 2017)
8.30.050 Terms and conditions.
A permit for retail sale of common fireworks shall be issued only upon the following terms and conditions:
A. The applicant shall have a valid license issued by the state of Washington authorizing the holder thereof to engage in the retail sale of fireworks. In addition, neither the applicant nor the responsible party for the permit shall have been convicted of a felony unless the conviction was discharged pursuant to RCW 9.94A.637 or 13.50.050; or a fire-/fireworks-related misdemeanor within the last three years.
B. In addition to the other requirements of Chapter 70.77 RCW, the applicant shall procure, prior to the issuance of a permit, and maintain for the duration of the permit, an insurance policy or policies against claims for injuries to persons and damage to property which may arise from or in connection with operations or activities performed by or on the applicant’s behalf with the issuance of this permit in the minimum amount of one million dollars single limit. The policy or policies shall be approved through the city’s insurance authority or carrier at the time the permit is issued and noted on the permit. The city of Battle Ground shall be named as an additional insured.
C. The applicant’s temporary firework stand shall be only in those areas or zones within the city wherein commercial or industrial activities are authorized under the applicable zoning laws of the city; provided, that no fireworks shall be sold in any residential area.
D. If the temporary firework stand is not removed and debris cleaned up by 11:59 p.m., July 15th, the applicant will be subject to a fine not to exceed five hundred dollars. (Ord. 18-14 § 1 (part), 2018: Ord. 18-12 § 1 (part), 2018: Ord. 18-11 § 1 (part), 2018: Ord. 17-20 § 1 (part), 2017)
8.30.060 Enforcement.
The fire marshal is hereby authorized, in addition to the police department, to enforce the provisions of this chapter. In addition, any person violating any provision of Chapter 70.77 RCW, this chapter, or a permit hereunder, or any failure or refusal on the part of a permittee to obey any rule, regulation, or request of the fire marshal or police officer concerning fireworks, shall be grounds for the revocation of a fireworks permit. (Ord. 18-14 § 1 (part), 2018: Ord. 18-12 § 1 (part), 2018: Ord. 18-11 § 1 (part), 2018: Ord. 17-20 § 1 (part), 2017)
8.30.070 Violation—Penalty.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.
If, in the reasonable exercise of its discretion, the fire marshal or police officer believes that a civil citation is warranted, in lieu of prosecution, he or she may issue a civil citation. The penalties are set out in the table below.
|
VIOLATION |
FIRST VIOLATION |
SECOND VIOLATION |
SUBSEQUENT VIOLATIONS |
|---|---|---|---|
|
Discharge of Legal Consumer Fireworks Outside of Permissible Time (RCW 70.77.136) |
$100 |
$250 |
$500 |
|
Discharge of Illegal Fireworks (RCW 70.77.401) |
$250 |
$500 |
$1,000 |
Any penalty for violating any provision of Chapter 70.77 RCW, this chapter, or a permit issued hereunder, or any failure or refusal on the part of a permittee to obey any rule, regulation or request of the fire marshal concerning fireworks, shall be grounds for the revocation of a fireworks permit. (Ord. 18-14 § 1 (part), 2018: Ord. 18-12 § 1 (part), 2018: Ord. 18-11 § 1 (part), 2018: Ord. 17-20 § 1 (part), 2017)