Chapter 8.06
FIREWORKS*
Sections:
8.06.030 Applicability of provisions—Exceptions.
8.06.040 Dangerous fireworks prohibited.
8.06.050 Sale without permit prohibited.
8.06.080 Permit—Issuance limited.
8.06.090 Permit—Granting when applications exceed available permits.
8.06.100 Permit—Terms and conditions for issuance.
8.06.120 Sale of “safe and sane” fireworks.
8.06.130 Temporary stands—Minimum standards and conditions.
8.06.140 Time limitations—Sale of fireworks.
8.06.150 Time limitations—Use of fireworks.
* For statutory provisions on fireworks, see RCW Ch. 70.77.
8.06.010 Purpose—Definitions.
It is the purpose of this chapter to adopt such regulations as shall be consistent with Chapter 228 of the Laws of the State of Washington for 1961, and for the purpose of definitions of terms and other definitions contained in this chapter, the same shall be interpreted as defined in Chapter 228, Laws of 1961. (Ord. 407 § 1, 1981)
8.06.020 Intent.
This chapter is intended to implement Chapter 228, Laws of 1961 of the State of Washington and shall be construed in connection with the law and any and all rules or regulations issued pursuant thereto. (Ord. 407 § 14, 1981)
8.06.030 Applicability of provisions—Exceptions.
The provisions of this chapter shall apply to the sale of all “safe and sane” fireworks as defined by Chapter 228 of the Laws of 1961 of the State of Washington, except as to the sales of toy caps and sparklers. The restrictions and limitations of this chapter except as to the need for a permit and the time restricting the sale of fireworks as applied to sparklers shall not be applicable to the sale of toy caps and sparklers. The maximum number of permits which may be issued for the sale of toy caps and sparklers shall not be limited. (Ord. 407 § 12, 1981)
8.06.040 Dangerous fireworks prohibited.
It is unlawful for any person to sell, possess, use or explode any dangerous fireworks within the town. Any item of fireworks which does not bear a “safe and sane” registration or classification of the State Fire Marshal in conformity with Chapter 228 of Laws of 1961 of the State of Washington shall be deemed dangerous and is prohibited by this chapter. (Ord. 407 § 4, 1981)
8.06.050 Sale without permit prohibited.
It is unlawful for any person, firm or corporation to engage in the retail sale of or to sell any fireworks within the town without first having obtained a permit pursuant to the provisions of this chapter. (Ord. 407 § 2, 1981)
8.06.060 Permit—Application.
Applications are to be filed with the fire department. The fire chief shall investigate qualifications of applicants and shall make a recommendation to the town council. Upon approval by the town council the clerk-treasurer shall cause a permit to be issued upon the payment of the stipulated fee. (Ord. 407 § 15, 1981)
8.06.070 Permit—Fee.
The annual permit fee for the sale of such fireworks as may be authorized under this chapter or may be authorized by the provisions of the state is ten dollars. (Ord. 407 § 3, 1981)
8.06.080 Permit—Issuance limited.
No person, firm or corporation shall receive more than one permit for the sale of fireworks during any one calendar year. The maximum number of permits which may be issued pursuant to this chapter shall not exceed one permit for each two thousand residents of the town according to the last official census or the last estimate of the State Census Board. (Ord. 407 § 7, 1981)
8.06.090 Permit—Granting when applications exceed available permits.
In the event there are more applications for permits than there are permits available, permits shall be granted to those first applying therefor who meet all the necessary qualifications and requirements. (Ord. 407 § 13, 1981)
8.06.100 Permit—Terms and conditions for issuance.
A permit for the sale of fireworks shall be issued only upon the following terms and conditions:
A. The applicant shall have a valid and subsisting license or permit issued by the state authorizing the holder thereof to engage in the fireworks business.
B. The applicant shall own or have the right to possess a temporary fireworks stand complying with the standards set forth in Section 8.06.130 for temporary fireworks stands.
C. The applicant shall procure and maintain a policy or policies of public liability and property damage insurance in a company or companies approved by the town in the following amounts: Fifty thousand dollars or more for injuries to any one person in one accident or occurrence; one hundred thousand dollars or more for injuries to two or more persons in any one accident or occurrence; twenty five thousand dollars for damage to property in any one accident or occurrence.
D. The permittee’s location of place of business shall be only in those areas or zones within the town which may be approved by the fire chief, and which are within an area devoted to commercial activities. No fireworks shall be sold in an area devoted exclusively to residential purposes.
E. The applicant shall post with the town a performance bond or cash deposit in an amount not less than fifty dollars, conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site of the temporary stand, which deposit shall be returned to the applicant only in the event that he removes the temporary stand and cleans up all debris to the satisfaction of the proper officials of the town. In the event of his failure to do so, the performance bond or cash deposit shall be forfeited to the town. In no event shall the applicant be entitled to a return of the performance bond or cash deposit if he has failed to remove the temporary stand and clean up all debris by the tenth day of July of each year. (Ord. 407 § 9, 1981)
8.06.110 Permit—Limitations.
A permit granted pursuant to this chapter shall entitle the permittee to maintain only one retail outlet. All permits issued pursuant to this chapter shall be used only by the designated permittee and shall be nontransferable. Any transfer of purported transfer of such a permit shall be deemed a violation of this chapter. (Ord. 407 § 8, 1981)
8.06.120 Sale of “safe and sane” fireworks.
All “safe and sane” fireworks except toy caps and sparklers shall be sold only from temporary stands. (Ord. 407 § 10, 1981)
8.06.130 Temporary stands—Minimum standards and conditions.
The temporary stands of all permittees shall conform to the following minimum standards and conditions:
A. Temporary fireworks stands need not comply with all provisions of the building code of the town; provided, however, that all such stands shall be erected under the supervision of the fire chief for the town or his duly authorized representative who shall require all stands to be constructed in a safe manner insuring the safety of the attendants and patrons. In the event any temporary stand is wired for electricity, the wiring shall conform to the electrical code for the town.
B. No temporary fireworks stand shall be located within twenty feet of any other building or structure nor within fifty feet of any gasoline station, oil storage tank or premises where flammable liquids are kept or stored.
C. Each temporary fireworks stand must have at least two exits which shall be unobstructed at all times.
D. Each temporary fireworks stand shall have in a readily accessible place not less than two fire extinguishers duly approved in advance by the fire chief of the town or his duly authorized representative.
E. All weeds, grass and combustible materials shall be cleared from the location of the temporary fireworks stand and the surrounding area a distance of not less than twenty feet measured from the exterior walls on each side of the temporary fireworks stand.
F. No smoking shall be permitted in or near a temporary fireworks stand and the same shall be posted with the proper “no smoking” signs.
G. Each temporary fireworks stand shall have an adult in attendance at all times. No child or children under the age of twenty-one years shall be allowed inside any temporary fireworks stand.
H. All unsold stock and accompanying litter shall be removed from the temporary fireworks stand by twelve o’clock noon on the sixth day of July each year. (Ord. 407 § 11, 1981)
8.06.140 Time limitations—Sale of fireworks.
No permittee shall sell at retail or offer for sale any fireworks authorized to be sold within the town except from twelve o’clock noon on the twenty eighth day of June to twelve o’clock noon on the fifth day of July of any year. (Ord. 407 § 5, 1981)
8.06.150 Time limitations—Use of fireworks.
No person shall use or explode any fireworks within the town except from twelve o’clock noon on the twenty eighth day of June to twelve o’clock noon on the fifth day of July of any year; provided, that this prohibition shall not apply to duly authorized public displays when the same are authorized pursuant to the laws of the state. (Ord. 407 § 6, 1981)
8.06.160 Violation—Penalty.
The penalty for violations of this chapter shall be as those penalties are set forth in Chapter 70.77 RCW as the same exists now or may hereafter be amended or if no such penalty for a violation of a particular provision of this chapter is provided in said state law, then any such violation of this chapter shall be a civil infraction, subject to a monetary penalty of up to five hundred dollars per violation. (Ord. 875 § 1, 2016: Ord. 407 § 16, 1981)