Chapter 6.63
FIREWORKS
Sections:
Article I. Generally
6.63.030 Non-prohibited acts – Signal purposes, forest protection.
6.63.040 Special effects for entertainment media.
6.63.050 Possession, use, sale and discharge of fireworks unlawful.
Article II. Permits
6.63.060 Permit required – Display of fireworks.
6.63.070 Application for public display permit.
6.63.090 Issuance – Nontransferable – Voiding.
6.63.100 State-licensed pyrotechnic operator required.
6.63.120 Reinforcement of fire protection.
6.63.130 Removal of combustible debris.
6.63.140 Disposal of undischarged fireworks.
6.63.150 Revocation of permit.
6.63.160 Areas of public access.
Article I. Generally
6.63.010 Definitions.
The definitions in RCW 70.77.120 through 70.77.241 are adopted by reference. (Ord. No. 15-808, § 2, 12-1-15.)
6.63.020 Construction.
This chapter is intended to implement and supplement Chapter 70.77 RCW and shall be construed to be consistent with that law and any and all rules or regulations issued by the state pursuant thereto. (Ord. No. 15-808, § 2, 12-1-15.)
6.63.030 Non-prohibited acts – Signal purposes, forest protection.
This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination, or for use in forest protection activities. (Ord. No. 15-808, § 2, 12-1-15.)
6.63.040 Special effects for entertainment media.
This chapter does not prohibit the assembling, compounding, use and display of special effects of whatever nature by a person engaged in the production of motion pictures, radio or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the city to purchase, possess, transport or use pyrotechnic devices. (Ord. No. 15-808, § 2, 12-1-15.)
6.63.050 Possession, use, sale and discharge of fireworks unlawful.
(1) Except as authorized by state license and a city public display permit granted pursuant to this chapter and RCW 70.77.260 (public display) or RCW 70.77.311 (use by group or individual for religious or other specific purpose on approved date and at approved location), it is unlawful for any person to possess, use, sell, discharge or explode fireworks of any kind within the city. Violation of this subsection is a civil infraction punishable by a fine of $300.00.
(2) Any person who discharges or uses a firework in a reckless manner that creates a substantial risk of death or serious physical injury to another person or damage to the property of another is guilty of a gross misdemeanor. (Ord. No. 15-808, § 2, 12-1-15.)
Article II. Permits
6.63.060 Permit required – Display of fireworks.
It is unlawful for any person to engage in a public display of fireworks within the city without a valid permit issued by the city pursuant to the provisions of this chapter and Chapter 70.77 RCW. (Ord. No. 15-808, § 2, 12-1-15.)
6.63.070 Application for public display permit.
Any person desiring to put on a public display of fireworks shall apply in writing to the local fire official for a public display permit at least 14 days in advance of the proposed display. The applicant shall submit information and evidence consistent with WAC 212-17-270 and proof of bond or liability insurance as required by state law. Upon receipt of the local fire official’s report submitted to the city pursuant to Chapter 70.77 RCW, the city building official shall review the local fire official’s recommendation as to the issuance of the permit and grant the application if it meets the requirements of Chapter 70.77 RCW and this chapter. Permits may be issued with conditions as outlined in FWRC 6.63.120. (Ord. No. 15-808, § 2, 12-1-15.)
6.63.080 Permit fees.
The application fee for a city permit shall be assessed per the city fee schedule maintained by the city clerk. (Ord. No. 15-808, § 2, 12-1-15.)
6.63.090 Issuance – Nontransferable – Voiding.
A public display permit issued pursuant to this chapter is valid only for the specific event described in the permit application. Permits are nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit. (Ord. No. 15-808, § 2, 12-1-15.)
6.63.100 State-licensed pyrotechnic operator required.
All public fireworks displays shall be planned, organized and discharged by a state-licensed pyrotechnic operator. (Ord. No. 15-808, § 2, 12-1-15.)
6.63.110 Plan view of site.
A drawing shall be submitted with an application for the display of fireworks permit showing a plan view of the fireworks discharge site and of property within 900 feet of the site. The drawing shall include all structures, fences, barricades, streets, fields, streams and anything that may potentially catch flame. The drawing shall also highlight any potential impediment to firefighting efforts. (Ord. No. 15-808, § 2, 12-1-15.)
6.63.120 Reinforcement of fire protection.
When recommended as appropriate by the local fire official, a permit may be authorized with conditions deemed necessary to mitigate risks to public health, safety and welfare. For example, a permit may be issued contingent on a fire department pumper and a minimum of two trained firefighters being on site 30 minutes prior to and after the event. The cost of such conditions fall on the applicant. Firefighter wages and equipment costs shall be compensated per the Washington State Chiefs Association’s fee schedule. (Ord. No. 15-808, § 2, 12-1-15.)
6.63.130 Removal of combustible debris.
All combustible debris and trash shall be removed from the area of discharge and 300 feet in all directions. (Ord. No. 15-808, § 2, 12-1-15.)
6.63.140 Disposal of undischarged fireworks.
All unfired or “dud” fireworks shall be disposed of in a safe manner. (Ord. No. 15-808, § 2, 12-1-15.)
6.63.150 Revocation of permit.
The city building official may summarily revoke a fireworks display permit at any time the local fire official determines that the planned display causes unacceptable risks to public health, safety and welfare. For example, a permit may be revoked for an applicant’s noncompliance with required conditions of the permit, a change in weather conditions, or the ignition of an accidental fire in the vicinity due to the display. (Ord. No. 15-808, § 2, 12-1-15.)
6.63.160 Areas of public access.
Areas of public access at the display location shall be determined by the local fire authority and maintained in a manner approved by the local fire authority. (Ord. No. 15-808, § 2, 12-1-15.)