Chapter 8.28
FIREWORKS
Sections:
8.28.020 Sale of fireworks unlawful.
8.28.030 Discharge of fireworks prohibited.
8.28.040 Possession of fireworks unlawful.
8.28.050 Issuance – Nontransferable – Voiding.
8.28.060 Applications for permits.
8.28.010 Definitions.
The definitions of Chapter 70.77 RCW as now stated or hereinafter amended shall govern the construction of this chapter, when applicable, and are hereby adopted by this reference. (Ord. 2011-18 § 2).
8.28.020 Sale of fireworks unlawful.
It is unlawful for any person to offer for retail sale or sell any fireworks within the city of Grandview. (Ord. 2011-18 § 2).
8.28.030 Discharge of fireworks prohibited.
Except as authorized by a state license and city permit granted by the Grandview fire chief, or designee, pursuant to RCW 70.77.260(2) (public display) or 70.77.311(2) (use by individual or group for religious or other specified purpose on approved date and at approved location), no person shall ignite, explode or discharge any fireworks within the city of Grandview. (Ord. 2011-18 § 2).
8.28.040 Possession of fireworks unlawful.
Except as authorized by a state license and city permit granted by the Grandview fire chief pursuant to RCW 70.77.260(2) or 70.77.311(2), it shall be unlawful for any person to control or possess any fireworks within the city of Grandview. (Ord. 2011-18 § 2).
8.28.050 Issuance – Nontransferable – Voiding.
Permits issued under this chapter shall be valid only for the specific authorized event or purpose, shall be used only by the designated permittee, and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit. (Ord. 2011-18 § 2).
8.28.060 Applications for permits.
A. Applications for Public Display Permits. Applications for public display permits shall be made to the Grandview fire chief a minimum of 14 days in advance of the scheduled event or activity. The application shall include the name of the applicant, who must be more than 18 years of age, 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; and the manner in which the fireworks will be stored prior to the public fireworks display. The applicant shall also provide a certificate of insurance in an amount not less than $1,000,000 for general liability and property damage. The certificate of insurance must name the city of Grandview as an additional insured party. The fire chief, or designee, shall investigate whether the character and location of the display as proposed would be hazardous or dangerous to persons or property. Based on this investigation, the fire chief, or designee, may grant or deny the application, and may place reasonable conditions on the issuance of any permit.
B. Applications for Special Purpose and Use Permits. Religious organizations and persons may purchase or use common fireworks and such audible ground devices as firecrackers, salutes and chasers if:
1. For use on prescribed dates and locations; and
2. For religious or specific purposes.
Applications under this section shall be made to the fire chief. The application shall include the name of the applicant, who if not an organization must be more than 18 years of age, and his/her address; the exact location and frequency of the proposed discharge(s); the number, type and class of fireworks to be discharged; and the manner in which the fireworks will be stored. The fire chief, or designee, shall investigate whether the character and location of the proposed use would be hazardous or dangerous to any person or property. Based on this investigation, the fire chief, or designee, may grant or deny such permit, and may place reasonable conditions on the issuance of any permit. A permit under this section shall not be issued unless the applicant provides a certificate of insurance in an amount to be set by the fire chief, or designee, and which names the city of Grandview as an additional insured party.
C. Authority of Local Fire Official. All permit applications shall be reviewed and inspected by the city of Grandview fire chief. In addition to those minimum requirements set forth in subsections A and B of this section, the chief may impose such other reasonable requirements on the permits consistent with Chapter 212-17 WAC (Rules of the State Marshal Relating to Fireworks) as the chief determines to be appropriate under the circumstances. The fire chief may revoke a permit for failure to correct a violation of rules or conditions.
D. Permit Fees – Permits under RCW 70.77.260(2). The fee for a public display permit for the public display of fireworks pursuant to RCW 70.77.260(2) shall be $100.00 and shall be payable to the city of Grandview. No fee may be charged for permits issued pursuant to RCW 70.77.311(2)(d) for use by an individual or group for religious or other specified purpose on an approved date and at an approved location. (Ord. 2011-18 § 2).
8.28.070 Penalties.
A. Infraction. The possession, sale or discharge of any fireworks within the city of Grandview shall be an infraction subject to a fine of not less than $100.00 and not more than $500.00. Each act shall constitute a separate offense.
B. Confiscation. Any common fireworks held in violation of this chapter shall be subject to confiscation. (Ord. 2011-18 § 2).