Chapter 8.16
FIREWORKS*
Sections:
8.16.010 RCW adopted by reference.
8.16.020 WAC adopted by reference.
8.16.050 Retailer – Public safety advertising.
8.16.060 Restrictions upon the retail sale and discharge of fireworks within the city.
8.16.070 Dates and times retail sale of allowed fireworks permitted.
8.16.080 Dates and times discharge of allowed fireworks permitted.
8.16.090 Retail stand signage requirements.
8.16.100 Application for public display of fireworks permit.
8.16.110 State license required.
8.16.120 Permit subject to revocation.
8.16.130 Discharge of fireworks prohibited at certain locations.
8.16.140 Violations – Penalties.
*Prior legislation: Ordinances 317, 89-9, 92-6, 2000-14 and 03-03.
8.16.010 RCW adopted by reference.
The provisions, including but not limited to definitions, set forth in Chapter 70.77 RCW as the same exists now or as it may hereafter be amended are hereby adopted by reference as applicable in the city except as specifically set forth in other sections of this chapter of the East Wenatchee Municipal Code. Conflicts between state law (statutes or regulations) and this chapter are resolved in favor of this chapter. (Ord. 22-11 § 5 (Exh. A), 2022; Ord. 04-02 § 1, 2004)
8.16.020 WAC adopted by reference.
The provisions, including but not limited to definitions, set forth in Chapter 212-17 WAC as the same exists now or as it may hereafter be amended are hereby adopted by reference as applicable in the city, except as specifically set forth in other sections of this chapter of the East Wenatchee Municipal Code. (Ord. 22-11 § 5 (Exh. A), 2022; Ord. 04-02 § 1, 2004)
8.16.030 Definitions.
Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter:
“Allowed fireworks” includes consumer fireworks as defined by state law, but specifically excluding firecrackers, roman candles, salutes, chasers, skyrockets and missile-type rockets, mortar-type fireworks, aerial fireworks, and fireworks not specifically listed that fly, explode, or travel more than one foot into the air or more than six feet on the ground.
“Local fire official” shall mean the chief of the Douglas County Fire Protection District No. 2 or his or her designee.
“Person” means and 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. (Ord. 22-11 § 5 (Exh. A), 2022; Ord. 04-02 § 1, 2004)
8.16.040 Retailer permit.
A. Retailer permits may be issued only for the sale of allowed fireworks as defined herein. Any person desiring to act as a retailer of allowed fireworks within the city shall first make written application for a permit through the city clerk to the local fire official. The application for a permit shall be signed by the applicant and delivered to the city clerk between October 1st and October 31st of the year for which the application is made. The application shall be on such form as the local fire official shall require and shall include, at a minimum, the following information:
1. The name, address, and telephone number of the applicant;
2. A statement by the person signing as the applicant that he or she is over 18 years of age and authorized by the applicant entity to sign the application;
3. A statement as to whether the applicant possesses a retailer license issued by the director of the Washington State Patrol Fire Protection Bureau and the current status of the license;
4. The proposed location at which the applicant intends to act as a retailer of allowed fireworks under the permit applied for; and
5. Such other information as the local fire official may require in order to make any investigation required by this chapter.
B. All applications for retailer permits pursuant hereto shall be accompanied by a nonrefundable permit processing fee, in the amount of $100.00 per retailer fireworks stand. One-half of the permit fee shall be retained by the city and one-half shall be disbursed to Douglas County Fire Protection District No. 2.
C. All applications for permits pursuant hereto shall be accompanied by a certificate of insurance as evidence that the applicant carries a comprehensive general liability insurance policy written on an “occurrence basis” and not a “claims made basis” with the minimum coverage of $1,000,000 for bodily injury liability for each person and event and not less than $1,000,000 for property damage liability for each event. Such general liability policy shall name the city and Douglas County Fire Protection District No. 2 as additional named insureds, must be in full force and effect for the duration of the retailer permit, and shall include a provision prohibiting cancellation of the policy without 30 days’ written notice to the city.
D. The applicant shall post with the city a cash deposit in the amount of not less than $500.00, conditioned upon the prompt removal of the temporary fireworks stand and the cleaning of all debris from the site of the stand, which deposit shall be returned to the applicant only in the event the temporary stand is removed and all debris is cleaned up, within 72 hours of the allowed fireworks sale period closing, to the satisfaction of the local fire official or his or her designee. In the event the applicant fails to do so, the cash deposit shall be forfeited. Return of the deposit is further conditioned upon the applicant complying with the requirements of EWMC 8.16.050.
E. The applicant shall be required to report to the State Department of Revenue the city’s sales tax number in conjunction with payment of any sales taxes due from retail sales originating in the city.
F. The local fire official or his/her designee shall conduct an investigation and, if the provisions of this chapter are complied with, notify the city clerk in writing to issue a permit or, if the provisions of this chapter are not complied with, prepare a report of his/her findings and conclusions detailing why the permit should not be issued and provide the same to the applicant and the city clerk. An applicant aggrieved by the decision of the local fire official may appeal the decision by filing an appeal in the Douglas County superior court and serving a copy of the appeal on the city clerk and the local fire official within 10 days of the receipt of the decision of the local fire official. (Ord. 22-11 § 5 (Exh. A), 2022; Ord. 04-02 § 1, 2004)
8.16.050 Retailer – Public safety advertising.
Each fireworks retailer shall be required for each fireworks stand to spend a minimum of $300.00 in public safety and public awareness advertising for the purpose of educating the public concerning the hours of operation, restrictions on which fireworks may be discharged in the city, and advising adults about the risks of the use of fireworks by children. This advertising may address other fireworks-related public safety topics approved by the local fire official. Proof of the amount spent on this advertising shall be provided to the city clerk. The public service advertising performed pursuant to this section shall not identify any specific product and may be performed individually or jointly with other fireworks retailers located in the Greater East Wenatchee area. Failure to comply with this provision shall result in the retention of funds from the cleanup deposit provided to the city pursuant to EWMC 8.16.040 in the amount equal to the amount not spent on this required public safety advertising. (Ord. 22-11 § 5 (Exh. A), 2022; Ord. 04-02 § 1, 2004)
8.16.060 Restrictions upon the retail sale and discharge of fireworks within the city.
Whether permitted by state law or not, it shall be unlawful for any person at any time to sell, store, offer for sale, expose for sale, use, fire or discharge firecrackers, roman candles, salutes, chasers, skyrockets and missile-type rockets, mortar-type fireworks, aerial fireworks, and those fireworks not specifically listed, that fly, explode, or travel more than one foot into the air or more than six feet on the ground.
Whether permitted by state law or not, it shall be unlawful for any person at any time to possess or store aerial fireworks, and those fireworks not specifically listed, that fly, explode, or travel more than one foot into the air or more than six feet on the ground.
Except as otherwise provided in this chapter, no person may sell, offer for sale, or expose for sale, fireworks of any kind within the city unless the person possesses a retailer permit issued under EWMC 8.16.040 and is operating in compliance with that permit and the terms of this chapter.
Except as otherwise allowed in this chapter with respect to the use, fire and discharge of allowed fireworks, no person may use, fire or discharge fireworks of any kind within the city unless the person is permitted under EWMC 8.16.100 and is operating in compliance with that permit and the terms of this chapter. (Ord. 22-11 § 5 (Exh. A), 2022; Ord. 04-02 § 1, 2004)
8.16.070 Dates and times retail sale of allowed fireworks permitted.
The retail sale of allowed fireworks by licensed fireworks retailers in the city is permitted only from 12:00 noon to 11:00 p.m. on each day from December 27th through December 31st of each year. (Ord. 22-11 § 5 (Exh. A), 2022; Ord. 04-02 § 1, 2004)
8.16.080 Dates and times discharge of allowed fireworks permitted.
Allowed fireworks that are permitted to be sold by licensed retailers within the city may be discharged within the city only from 6:00 p.m. on December 31st until 1:00 a.m. on January 1st, inclusive. (Ord. 22-11 § 5 (Exh. A), 2022; Ord. 04-02 § 1, 2004)
8.16.090 Retail stand signage requirements.
In addition to other signs required by state law, the following signage on each retail fireworks stand is required:
A. A sign designating that only allowed fireworks permitted to be sold by retailers in the city may be discharged in the city, reading “ONLY ALLOWED FIREWORKS LIKE THOSE SOLD HERE MAY BE DISCHARGED IN THE CITY” in letters at least two inches high, with a principal stroke of not less than one-half inch on contrasting background, shall be conspicuously posted on all four sides of the stand.
B. Signs reading “DISCHARGE OF FIREWORKS IS PERMITTED ONLY BETWEEN THE HOURS OF 6:00 P.M. ON DECEMBER 31ST AND 1:00 A.M. ON JANUARY 1ST.”
C. Signs reading “DISCHARGES OF BOTTLE ROCKETS, SKY ROCKETS, MISSILE-TYPE ROCKETS, FIRECRACKERS, SALUTES, AND CHASERS IS ILLEGAL AND WILL SUBJECT THE VIOLATOR TO CRIMINAL PROSECUTION.” (Ord. 22-11 § 5 (Exh. A), 2022; Ord. 04-02 § 1, 2004)
8.16.100 Application for public display of fireworks permit.
A. In addition to the applicable requirements of state law, including Chapter 70.77 RCW and/or Chapter 212-17 WAC, as the same each exist now or may hereafter be amended, an applicant for a public display of fireworks shall make application in writing through the city clerk to the local fire official at least 10 days in advance of the proposed display. In addition to providing proof of general liability insurance with limits required under state law, proof that the insurance is written on an “occurrence basis” and not a “claims made basis” shall be provided. Such general liability policy shall name the city and Douglas County Fire Protection District No. 2 as additional named insureds, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without 30 days’ written notice to the city.
B. All public fireworks displays shall conform to the following minimum standards and conditions:
1. For all public fireworks displays the display itself must be planned, organized and discharged by a state-licensed pyrotechnician.
2. A permit application must be made through the city clerk to the local fire official and, if approved by the local fire official, a license obtained from the city clerk, prior to any public display of fireworks. The permit processing fee shall be $100.00 and shall accompany the application. One-half of the permit fee revenue shall be retained by the city and one-half shall be disbursed to Douglas County Fire Protection District No. 2. The permit shall include the name of the applicant and his/her address; the name of the pyrotechnician and his/her address; the exact location, date and time of the proposed display; the number, type and class of fireworks to be displayed; the manner in which the fireworks are being stored prior to the public display; and the name and address of the insurance company providing the required insurance.
3. A scaled drawing shall be submitted to the local fire official showing a plan view of the fireworks discharge site and the surrounding area within a 500-foot radius. The drawing shall include all structures, fences, barricades, streets, fields, bodies of water and any other significant factors that may be subject to ignition or that may inhibit firefighting capabilities.
4. A Douglas County Fire District No. 2 department firefighting apparatus and a minimum of two trained fire district firefighters shall be on site at the location of the display from 30 minutes prior to, during, and for 30 minutes after the event. The applicant shall make arrangement for the firefighting equipment and personnel and for apparatus as per the Washington State Fire Chiefs Association’s fee schedule, or the fire district fee schedule if said schedule ceases to exist.
5. All combustible debris and trash shall be removed from the area of discharge for a distance of 500 feet in all directions.
6. All unfired or “dud” fireworks shall be disposed of in a safe manner.
7. A minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket shall be required to be at the fireworks discharge site.
8. The permit may be immediately revoked at any time deemed necessary by the local fire official or his/her designee due to any noncompliance, lack of available equipment or personnel or any unsafe weather conditions such as extremely low humidity or wind factor. The display may also be canceled due to accidental ignition of any combustible materials in the vicinity of the display.
C. In the event the local fire official determines that an application should be denied, the local fire official shall prepare findings and conclusions in support of this decision and provide the same to the applicant. Any applicant aggrieved by the decision of the local fire official may appeal the decision by filing an appeal in the Douglas County superior court and serving a copy of the appeal on the city clerk and the local fire official within 10 days of the receipt of the decision of the local fire official. (Ord. 22-11 § 5 (Exh. A), 2022; Ord. 04-02 § 1, 2004)
8.16.110 State license required.
No permit pursuant to the provisions of this chapter shall be issued until any permit required under state law is first obtained from the state of Washington. (Ord. 22-11 § 5 (Exh. A), 2022; Ord. 04-02 § 1, 2004)
8.16.120 Permit subject to revocation.
Any permit issued pursuant to the terms of this chapter may be immediately revoked in the event of violation of the terms of this chapter or in the interest of protecting the public health, safety, and welfare as determined by the city chief of police or his/her designee and/or the local fire official. (Ord. 22-11 § 5 (Exh. A), 2022; Ord. 04-02 § 1, 2004)
8.16.130 Discharge of fireworks prohibited at certain locations.
No fireworks of any type or classification shall be discharged within the city at any of the following locations:
A. In or upon any publicly owned property; provided, that the chief administrative officer of publicly owned property may issue written permits for the discharge of fireworks on such terms and conditions as shall be deemed necessary to protect the public, public property, and private property;
B. Within 300 feet of any hotel, motel or other lodging facility, hospital, convalescent center, assisted living center, public library, church, synagogue, or any other place of worship;
C. Within 500 feet of any gasoline station, tank or premises where flammable liquids or gases are used or stored for dispensing where the volume stored is in excess of 500 gallons;
D. Within or from any structure, vehicle, or vessel. (Ord. 22-11 § 5 (Exh. A), 2022; Ord. 04-02 § 1, 2004)
8.16.140 Violations – Penalties.
Notwithstanding subsections A and B of this section, a violation of an RCW or WAC provision may be charged as such, and thus is enforceable under state law.
A. A first violation of this chapter in a given calendar year shall be a Class 2 civil infraction having a penalty of up to $100.00 not including statutory assessments.
B. A second or subsequent violation of this chapter in a given calendar year shall be a Class 1 civil infraction having a penalty of up to $175.00 not including statutory assessments. (Ord. 22-11 § 5 (Exh. A), 2022; Ord. 04-02 § 1, 2004)
8.16.150 Violations – Penalties adopted by reference.
Repealed by Ord. 22-11. (Ord. 04-02 §1, 2004)