Chapter 9.28
FIREWORKS
Sections:
9.28.020 Prohibited acts – Dates and times common fireworks may be sold or discharged – Violation.
9.28.030 Application for permit.
9.28.040 All sales to be from temporary stands.
9.28.050 Fireworks stands – Location restrictions.
9.28.060 Fireworks stands – Fire extinguishers required.
9.28.070 Fireworks stands – Discharge of fireworks in vicinity prohibited – Posting of signs.
9.28.080 Fireworks stands – Watchman required at site.
9.28.090 Fireworks stands – Barrier required.
9.28.100 Approved storage facilities required.
9.28.120 Sale of fireworks to persons under 16 years of age prohibited.
9.28.140 Penalties for violation.
|
EMC Section No. |
Topic – Title |
Source of Adopted Law (RCW) |
|---|---|---|
9.28.010 |
Fireworks. |
Ch. 70.77 et seq., and all amendments thereto, including, but not limited to, 1982 and future amendments. |
(Ord. 1444 § 1, 1984; Ord. 1214 § 1, 1977; Ord. 1184 § 1, 1976).
9.28.020 Prohibited acts – Dates and times common fireworks may be sold or discharged – Violation.
A. It is unlawful to throw fireworks of any kind from or toward a moving vehicle.
B. No person shall discharge, without a permit, any common fireworks upon any city or publicly owned parks.
C. No common fireworks shall be sold, offered for sale, or exposed for sale within the city except from 12:00 noon until 11:00 p.m. on the twenty-eighth day of June; 9:00 a.m. until 11:00 p.m. on the twenty-ninth day of June through the third day of July of any year and from 9:00 a.m. until 9:00 p.m. on the fourth day of July.
D. No person shall ignite or discharge any fireworks within the city except on July 4th of any year between the hours of 9:00 a.m. and 11:00 p.m.
E. The prohibitions set out in subsections C and D of this section shall not apply in the following cases:
1. Public display as authorized by a state license and city permit pursuant to RCW 70.77.260(2); and
2. Use for religious purposes pursuant to RCW 70.77.311; and
3. Agricultural and wildlife fireworks used by government agencies as authorized by RCW 70.77.311.
F. Any person violating any of the provisions of this chapter or any rules and regulations issued thereunder is guilty of a misdemeanor. (Ord. 1584 § 2, 1988; Ord. 1444 § 2, 1984).
9.28.030 Application for permit.
A. Any person desiring to do any act set forth in Chapter 9.28 EMC shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant. If the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation.
The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information:
1. The true name, address and telephone number of the applicant and, for any retail operation, the person in charge and responsible;
2. A statement by the applicant that he or she is over the age of 18 years of age;
3. A valid and current license issued by the Washington State Fire Marshal pursuant to Chapter 70.77 RCW authorizing the applicant thereto to engage in the requested activity;
4. The proposed location at which the applicant intends to perform the act for which the permit is sought, and for retail sales, a diagram showing the proposed site plan of the standards and vehicular traffic routes.
B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee of $100.00. The city council finds that this charge is necessary to cover the legitimate administrative costs for permit processing and inspection. The applicant shall post a $100.00 cash bond, conditioned upon the prompt removal of the temporary stand and the clearing up of all debris from the site by the sixth of July of each year. Failure to do so shall cause the bond to be forfeited to the city.
C. All applications for permits pursuant to this chapter shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of $500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city as an additional named insured, must be in full force and effect for the duration of the permit plus one year, and shall be prepaid for the entire period of required coverage. Said policy and certificate shall be in a form approved by the city attorney.
D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of proposed display. All applications shall be accompanied by a nonrefundable permit fee of $100.00. The applicant shall post a $100.00 cash bond, conditioned upon the prompt removal of all debris from the site within 24 hours of such display. Failure to do so shall cause the bond to be forfeited to the city.
E. Applications for sale of fireworks shall be made annually on or after April 1st of the year for which the permit is issued and filing period shall close on May 31st of such year. Applications shall be signed before a notary public by the retail seller, if an individual, or by the duly authorized officer, if an association or corporation. It is unlawful for a fireworks manufacturer, wholesaler or supplier to make application for or to obtain a retail sales permit on behalf of any retailer. (Ord. 1584 § 1, 1988).
9.28.040 All sales to be from temporary stands.
All stands of common fireworks shall be from temporary stands, which shall not be erected prior to the twenty-fifth day of June of any year and which shall be removed not later than the sixth day of July of the same year. (Ord. 1584 § 3, 1988).
9.28.050 Fireworks stands – Location restrictions.
No fireworks stand shall be located within 50 feet of any other building or structure, nor within 250 feet of any gasoline station, oil storage tank or premises where flammable liquids are kept or stored. No fireworks stand shall be located nearer than 600 feet from another fireworks stand. (Ord. 1584 § 4, 1988).
9.28.060 Fireworks stands – Fire extinguishers required.
Each fireworks stand shall have, in a readily available place, at least two two-and-one-half gallon pressurized water fire extinguishers approved by the fire chief. (Ord. 1584 § 5, 1988).
9.28.070 Fireworks stands – Discharge of fireworks in vicinity prohibited – Posting of signs.
No person shall discharge any fireworks within 250 feet of the exterior of any fireworks stand and the same shall be posted with signs stating “No discharge of fireworks within 250 feet” on the exterior of all sides of the temporary stand with prominent bold lettering at least three inches in height. (Ord. 1584 § 6, 1988).
9.28.080 Fireworks stands – Watchman required at site.
At all times that fireworks stock is kept or stored within a temporary stand, a competent watchman over 18 years of age shall be at the site location. (Ord. 1584 § 7, 1988).
9.28.090 Fireworks stands – Barrier required.
All temporary fireworks stand locations shall be provided with a sturdy barrier consisting of bollards and rope or similar construction, erected at least 25 feet from the stand on all sides to prevent the parking of motor vehicles and to define the no smoking boundary. (Ord. 1584 § 8, 1988).
9.28.100 Approved storage facilities required.
It is unlawful for any person to store stocks of fireworks except in such places as approved by the fire chief. Unsold stocks of fireworks remaining after the authorized retail sales period from 12:00 noon on June 28th to 9:00 p.m. on July 4th shall be stored in an approved location and be returned on or before July 6th of the same year to approved storage facilities of a licensed fireworks wholesaler, to a magazine or storage place approved by the fire chief or to a place approved by the State Fire Marshal. Upon receiving a written application at least 30 days prior to the date of proposed storage, the fire chief shall investigate whether the character and location of the storage would constitute a hazard to any property or be dangerous to any person. Based upon the investigation, the fire chief may grant or deny any application for storage or to subject the same to such reasonable conditions, if any, as he shall prescribe. (Ord. 1584 § 9, 1988).
9.28.110 Unlawful possession.
The possession of any class or kind of fireworks in violation of the provisions of this chapter or Chapter 70.77 RCW is prohibited. (Ord. 1584 § 10, 1988).
9.28.120 Sale of fireworks to persons under 16 years of age prohibited.
It is unlawful to sell fireworks to any person under the age of 16 years. The seller shall require proof of age by means of display of a Washington State driver’s license or photo identification card issued by the Washington State Department of Licensing. No other forms of identification shall be accepted. (Ord. 1584 § 11, 1988).
9.28.130 Enforcement.
The fire chief, or designee, is authorized to enforce all provisions of this chapter and, in addition to criminal sanctions or civil remedies, he may revoke any permit issued pursuant to this chapter upon any failure or refusal of the permittee to comply with the orders and directives of the fire chief or designee and/or to comply with any provisions of this chapter. (Ord. 1584 § 12, 1988).
9.28.140 Penalties for violation.
Any person violating any of the provisions of this chapter shall, upon a finding by a court of competent jurisdiction that such violation was committed, be subject to a fine and/or imprisonment as follows:
A. Unlawful possession of fireworks weighing less than one pound, exclusive of external packaging, shall be punishable by imprisonment for a period of not to exceed 90 days, and/or payment of a fine not to exceed $1,000.
B. Unlawful possession of fireworks weighing one pound or more, exclusive of external packaging, shall be punishable by imprisonment for a period of not to exceed one year, and/or payment of a fine not to exceed $5,000.
C. Violation of the prohibition upon use or discharge of fireworks in a reckless manner shall be punishable by imprisonment for a period of not more than one year and/or payment of a fine not to exceed $5,000.
D. A violation of the restrictions upon the sale of fireworks set forth in this chapter shall be punishable by imprisonment for a period not to exceed one year and/or payment of a fine not to exceed $5,000.
E. Any other violation of the provisions of this chapter shall be punishable by imprisonment of up to 90 days and/or payment of a fine not to exceed $1,000. (Ord. 1584 § 13, 1988).