Chapter 8.12
FIREWORKS
Sections:
8.12.010 Interpretation and construction of chapter.
8.12.020 Sections adopted by reference.
8.12.023 Restrictions and limitations on the sale of consumer fireworks.
8.12.025 Restrictions and limitations on the use of consumer fireworks.
8.12.028 Emergencies – Restrictions on use.
8.12.030 Permit – Prerequisite to issuance.
8.12.040 Permit – Terms and conditions for issuance.
8.12.050 Permit – Application investigation.
8.12.070 Enforcement and construction of chapter – Designation of local fire official.
8.12.090 Purpose and intent – Liability.
8.12.100 Unlawful acts, violations, forfeiture, and penalties.
8.12.105 Consequences of enforcement.
8.12.010 Interpretation and construction of chapter.
This chapter is intended to implement Chapter 70.77 RCW, and shall be construed consistent with the law and any or all rules or regulations issued pursuant thereto. [Ord. 556 § 1, 1999.]
8.12.020 Sections adopted by reference.
The following sections of Chapter 70.77 RCW, the State Fireworks Law, as now existing or hereafter amended, are hereby adopted by reference as and for regulations of the City of Everson:
RCW Title
70.77.111 Intent.
70.77.120 Definitions – To govern chapter.
70.77.124 Definitions – “City.”
70.77.126 Definitions – “Fireworks.”
70.77.131 Definitions – “Special fireworks.”
70.77.136 Definitions – “Common fireworks.”
70.77.141 Definitions – “Agricultural and wildlife fireworks.”
70.77.146 Definitions – “Special effects.”
70.77.160 Definitions – “Public display of fireworks.”
70.77.165 Definitions – “Fire nuisance.”
70.77.170 Definitions – “License.”
70.77.175 Definitions – “Licensee.”
70.77.177 Definitions – “Local fire official.”
70.77.180 Definitions – “Permit.”
70.77.190 Definitions – “Person.”
70.77.215 Definitions – “Retailer.”
70.77.230 Definitions – “Pyrotechnic operator.”
70.77.250 Chief of the Washington State Patrol
(4), (5) to enforce and administer – Powers and duties.
70.77.255 Acts prohibited without appropriate licenses and permits – Minimum age for license or permit – Activities permitted without license or permit.
70.77.260 Application for permit.
70.77.265 Investigation, report on permit application.
70.77.270 Governing body to grant permits – State-wide standards – Liability insurance.
70.77.280 Public display permit – Investigation – Governing body to grant – Conditions.
70.77.285 Public display permit – Bond or insurance for liability.
70.77.290 Public display permit – Granted for exclusive purpose.
70.77.295 Public display permit – Amount of bond or insurance.
70.77.311(1) Exemptions from licensing – Purchase of certain agricultural and wildlife fireworks by government agencies – Purchase of common fireworks by religious or private organizations.
70.77.355 General license for public display – Surety bond or insurance – Filing of license certificate with local permit application.
70.77.386 Retailers – Purchase from licensed wholesalers.
70.77.401 Sale of certain fireworks prohibited.
70.77.405 Authorized sales of toy caps, tricks, and novelties.
70.77.410 Public displays not to be hazardous.
70.77.415 Supervision of public displays.
70.77.420 Storage permit required – Application – Investigation – Grant or denial – Conditions.
70.77.425 Approved storage facilities required.
70.77.435 Seizure of fireworks.
70.77.440 Seizure of fireworks – Proceedings for forfeiture – Disposal of confiscated fireworks.
70.77.450 Examination, inspection of books and premises.
70.77.480 Prohibited transfers of fireworks.
70.77.485 Unlawful possession of fireworks – Penalties.
70.77.488 Unlawful discharge or use of fireworks – Penalty.
70.77.510 Unlawful sales or transfers of special fireworks – Penalty.
70.77.515 Unlawful sales or transfers of common fireworks – Penalty.
70.77.517 Unlawful transportation of fireworks – Penalty.
70.77.520 Unlawful to permit fire nuisance where fireworks kept – Penalty.
70.77.530 Nonprohibited acts – Signal purposes, forest protection.
70.77.535 Special effects for entertainment media.
70.77.540 Penalty.
70.77.545 Violation a separate, continuing offense.
70.77.547 Civil enforcement not precluded.
70.77.550 Short title.
70.77.555 Local permit and license fee – Limit.
70.77.580 Retailers to post list of fireworks.
[Ord. 765 § 1, 2016; Ord. 556 § 1, 1999.]
8.12.023 Restrictions and limitations on the sale of consumer fireworks.
It shall be legal to sell and purchase consumer fireworks within the City limits of Everson only as follows:
A. From 12:00 noon to 11:00 p.m. on the twenty-eighth of June;
B. From 9:00 a.m. to 11:00 p.m. on each day from the twenty-ninth of June through the third of July;
C. From 9:00 a.m. to 10:00 p.m. on the fourth of July; and
D. As provided in RCW 70.77.311.
It shall be unlawful to sell and/or purchase consumer fireworks within the City limits of Everson at any other time of year. [Ord. 765 § 2, 2016.]
8.12.025 Restrictions and limitations on the use of consumer fireworks.
Consumer fireworks may only be used or discharged on the following days and between the following hours:
A. July 3rd between the hours of 9:00 a.m. and 11:00 p.m.;
B. July 4th between the hours of 9:00 a.m. and 12:00 midnight;
C. July 5th between the hours of 9:00 a.m. and 11:00 p.m.;
D. December 31st from 6:00 p.m. to January 1st at 1:00 a.m.; and
E. As may be provided in RCW 70.77.311.
It shall be unlawful to use or discharge consumer fireworks within the City limits of Everson at any other time of year. [Ord. 765 § 3, 2016.]
8.12.028 Emergencies – Restrictions on use.
The Local Fire Official, after consulting with the Chief of Police, and the Mayor, if available, may establish a ban on the discharge of all fireworks at any time or at any location and establish any other restrictions the Local Fire Official deems reasonable:
A. During Periods of Extreme Fire Danger. For the purposes of this chapter, the term “extreme fire danger” shall mean a period of hot, dry weather;
B. During the period of any burn ban, as determined by the Local Fire Official or the Whatcom County Fire Marshal; or
C. In response to any other extenuating emergency conditions.
It shall be unlawful for any person to discharge or use any type of fireworks, including consumer or display fireworks, during any period of a fireworks ban established by the Local Fire Official, pursuant to this section. A violation of this section is a gross misdemeanor. [Ord. 765 § 4, 2016.]
8.12.030 Permit – Prerequisite to issuance.
A fireworks permit shall be issued only to applicants which meet the following qualifications:
A. Nonprofit charitable, religious or eleemosynary corporations or associations organized and existing primarily for veteran, patriotic, charitable or civic betterment purposes; and
B. The corporation or association has a principal and permanent meeting place in the City of Everson and has been organized and established in the City of Everson for a period of at least one year prior to the date application is made for a fireworks permit. [Ord. 556 § 1, 1999.]
8.12.040 Permit – Terms and conditions for issuance.
A permit for retail sale of fireworks under this chapter shall only be issued subject to the following terms and conditions:
A. The applicant shall have or shall secure a valid and subsisting license issued by the State of Washington under RCW 70.77.255;
B. The applicant shall own or have the right to possess a temporary fireworks stand or premises found by the local fire official to comply with the standards set forth pursuant to RCW 70.77.270(2) for fireworks stands;
C. The applicant shall have and maintain the policy or policies of public liability and property damage insurance in the amounts required by RCW 70.77.270(3), and the City of Everson shall be named as an additional insured on each such policy;
D. The applicant’s location or place of business for sale of such fireworks shall be only in those areas or zones within the City of Everson where commercial or industrial activities are authorized under the zoning code; provided, that the sale of common fireworks shall not be deemed an enlargement of an existing nonconforming use;
E. The applicant shall post a $100.00 cash bond conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site. If the applicant removes such temporary stand and cleans up all the debris before the tenth day of July of that year, he shall be entitled to the return thereof;
F. Applications for permits shall be made to the City Clerk who shall transmit them to the local fire official, who shall investigate and report thereon to the City Council. If the Council approves the application, the City Clerk shall issue the permit;
G. Applicants for renewal of permit shall be given preference over applicants for permits by applicants not previously licensed; provided, that if the holder of a permit fails to make application for renewal by the second Tuesday in April, preference shall be forfeited. [Ord. 556 § 1, 1999.]
8.12.050 Permit – Application investigation.
A. The City’s local fire official upon receiving an application for a permit under this chapter shall investigate the application and submit a report of findings and recommendation for or against the issuance of the permit, together with reasons to the City Council.
B. The City’s local fire official shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. Based on the investigation, the local fire official shall submit a report of findings and a recommendation for or against the issuance of the permit with reasons to the City Council. The City Council may grant or deny the application and may place reasonable conditions on any permit it issues. [Ord. 556 § 1, 1999.]
8.12.060 Permit – Fees.
The annual fireworks permit fees are as follows:
A. For retail sales of fireworks, $25.00. The permit fee shall be for the period beginning June 28th and ending July 6th.
B. For storage of fireworks, $100.00. [Ord. 556 § 1, 1999.]
8.12.070 Enforcement and construction of chapter – Designation of local fire official.
A. The local fire official of the City of Everson is designated as the enforcing officer of this chapter. In addition to and notwithstanding the power of seizure where authorized in Chapter 70.77 RCW, any failure or refusal on the part of a licensee to obey the rule, regulation or request of the local fire official concerning the sale of fireworks shall be grounds for the summary revocation of a fireworks license.
B. The Mayor is designated as the local fire official herein. The Mayor may direct this exercise of this designation through the offices of the Fire Chief, Building Inspector and/or Chief of Police, as the Mayor deems appropriate, with each such officer accorded full authority as local fire official under this chapter and Chapter 70.77 RCW. [Ord. 556 § 1, 1999.]
8.12.080 Prohibited in parks.
Whether permitted by State law or not, the possession or discharge of any common fireworks, including, but not limited to, those denominated as safe and sane fireworks, firecrackers, salutes, chasers, sky rockets, and missile type rockets is prohibited in or upon all park and municipal property. [Ord. 556 § 1, 1999.]
8.12.090 Purpose and intent – Liability.
A. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.
B. It is the specific intent of this chapter that no provision nor any term used in this chapter is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.
C. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from the failure of a permittee to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the City related in any manner to the enforcement of this chapter by its officers, employees or agents. [Ord. 556 § 1, 1999.]
8.12.100 Unlawful acts, violations, forfeiture, and penalties.
A. Unlawful Sales or Transfers of Consumer Fireworks – Penalty.
1. It is unlawful for any person to offer for sale, sell, or exchange for consideration, any consumer fireworks to a consumer or user other than at a fixed place of business of a retailer for which a license and permit have been issued.
2. No licensee may sell any fireworks to any person under the age of 16.
3. A violation of this section is a gross misdemeanor.
B. Unlawful Discharge or Use of Fireworks – Penalty. It is unlawful for any person to discharge or use fireworks in violation of any provision of this chapter. A violation of this section is a gross misdemeanor.
C. Reckless Discharge or Use of Fireworks – Penalty. It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. A violation of this section is a gross misdemeanor.
D. Unlawful Fireworks Subject to Impound. Any firework offered for sale, sold, possessed, and/or used or discharged in violation of this chapter is deemed contraband and subject to impound and destruction by police or the City’s Fire Marshal. All costs related to the storage and destruction of impounded fireworks shall be the responsibility of the party from whom the fireworks were impounded.
E. Other Violations – Penalty. Any other violation of this chapter, including sections of Chapter 70.77 RCW incorporated by reference herein, shall be deemed a gross misdemeanor, unless Chapter 70.77 RCW deems such acts as a misdemeanor in which case the violation shall be a misdemeanor. [Ord. 765 § 5, 2016; Ord. 556 § 1, 1999.]
8.12.105 Consequences of enforcement.
Any person charged with a crime under this chapter shall have been charged with a warrantable offense that requires a mandatory court appearance. The bail amount for any violation under this chapter shall be $500.00. [Ord. 765 § 6, 2016.]