Chapter 8.25
FIREWORKS AND PYROTECHNIC DEVICES1
Sections:
8.25.040 Permit issuance – Considerations taken.
8.25.050 Liability insurance required.
8.25.060 Sale – Days permitted.
8.25.070 Discharge – Prohibited, exceptions.
8.25.080 Discharge – Age limit.
8.25.090 Discharge – Prohibited location.
8.25.100 Return of permit fee – Conditions requiring.
8.25.110 Violation and enforcement.
8.25.010 Fireworks regulations – Purpose, consumer fireworks permit and public display permit established.
(1) The purpose of this chapter is to implement the requirements of Chapter 70.77 RCW (state fireworks law) by regulating the purchase, sale and use of consumer fireworks and the public display of fireworks at public gatherings and civic events. The definitions set forth in the state fireworks law shall control the administration and interpretation of this chapter.
(2) There is established a consumer fireworks sales and distribution permit (a consumer fireworks permit) that shall allow the permittee to operate one stand or building for the sale and distribution of fireworks and pyrotechnic devices. Any applicant for such a permit shall file with the city public works department an application in writing showing the name and business or residence address of such applicant, the place within the corporate limits where applicant proposes to sell and distribute fireworks, the place within the corporate limits which the applicant proposes to provide for the shooting or display of such fireworks, a plan or layout of the stand or building from which it is proposed that sales will be made, and the distance from the stand to any other structure within 200 feet and showing any highways or streets within said distance. All applicants shall demonstrate compliance with all permit, insurance and other applicable requirements of Chapter 70.77 RCW as a prerequisite for obtaining a permit from the city.
(3) There is also established a fireworks display permit that shall allow an organization to discharge or otherwise use fireworks and pyrotechnic devices at a public gathering or civic event (a public display permit). Any such organized events or public gatherings shall also obtain a special events permit from the city pursuant to conditions established in the permit. [Ord. 2006-13 § 1, 2006.]
8.25.020 Permit required.
No person, firm, corporation, association or organization shall engage in the sale or distribution of fireworks or pyrotechnic devices within the city limits of the city of La Center, Washington, unless a consumer fireworks permit for that purpose has first been obtained under the provisions of this chapter and all permit conditions are fully complied with. No organization shall discharge or otherwise use fireworks within the city limits for public display unless it first obtains a public display permit for the discharge of fireworks. [Ord. 2006-13 § 1, 2006.]
8.25.030 Permit fee.
The public works director may charge a fee for the review and issuance of permits under this chapter in an amount to be set by the city council. The public works director shall act upon all applications with reasonable promptness and shall thereupon notify all applicants as to the action taken. [Ord. 2006-13 § 1, 2006.]
8.25.040 Permit issuance – Considerations taken.
The public works director may impose any reasonable conditions on any permit issued under this chapter, including limitations on locations, times, days, and event organization, to ensure public health, safety and welfare, compliance with the municipal code and state law. In deciding permit applications under this chapter, and any conditions attached thereto, the public works director shall consider all relevant public health, safety and welfare factors, including the following:
(1) Fire hazard involved in the proposed location of place of sale, and proposed location of place of shooting or display, having in mind the type and nature of the buildings involved, and the presence of combustible material and the availability of fire fighting apparatus.
(2) The proximity of streets or highways to the place of sale, or to the place of shooting, with possible resulting traffic congestion; and the proximity of residences to said area with possible resulting annoyance, disturbance or safety hazard.
(3) The license to sell fireworks shall only be issued to service clubs or charitable organizations located in or benefiting the citizens of the city of La Center.
(4) The applicant’s compliance with all license, insurance and other applicable requirements of Chapter 70.77 RCW. [Ord. 2006-13 § 1, 2006.]
8.25.050 Liability insurance required.
Each person, firm, corporation, association or organization obtaining a permit pursuant to this chapter for the sale or discharge of fireworks shall, before commencing business, furnish the public works director with a certificate of insurance from an insurance company licensed to do business in the state of Washington certifying that the permittee has in full force and effect, with premium paid, a liability policy of insurance covering the period during which the sale of fireworks is permitted in the sum of not less than $50,000 and $500,000 for bodily injury liability for each person and each occurrence, respectively, and not less than $50,000 for each occurrence and naming the permittee and the city of La Center, Washington, as insureds. [Ord. 2006-13 § 1, 2006.]
8.25.060 Sale – Days permitted.
Subject to an approved permit required by LCMC 8.25.020, it is legal to sell and purchase consumer fireworks during the following dates and times each year:
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June 28 |
June 29 |
June 30 |
July 1 |
July 2 |
July 3 |
July 4 |
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9 am – 11 pm |
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Purchase and sale of consumer fireworks on any other days or during any other hours is prohibited. [Ord. 2018-08 § 1, 2018; Ord. 2007-06 § 1, 2007; Ord. 2006-13 § 1, 2006.]
8.25.070 Discharge – Prohibited, exceptions.
The shooting or discharge and display of consumer fireworks is prohibited except during the following dates and times each year:
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July 3 |
July 4 |
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9 am – 10 pm |
9 am – Midnight |
The fire marshal, in consultation with the mayor, may suspend or ban the discharge of fireworks or common fireworks upon consideration of current moisture levels, wind speeds, lack of rain, and other fire-related factors.
Public display fireworks may be discharged during the same period as consumer fireworks, plus a single organized civic event during the month of December, so long as the operator of the event first obtains a public display permit pursuant to this chapter, a special events permit with conditions as set forth by the La Center city council, and any license or permit required by Chapter 70.77 RCW. Public display fireworks events shall last no longer than one hour. [Ord. 2018-08 § 1, 2018; Ord. 2009-04, 2009; Ord. 2006-13 § 1, 2006.]
8.25.080 Discharge – Age limit.
No person under 12 years of age shall discharge consumer fireworks except under the direct supervision of a parent, guardian or adult person authorized by such parent or guardian. [Ord. 2006-13 § 1, 2006.]
8.25.090 Discharge – Prohibited location.
No shooting or discharge of any fireworks or pyrotechnic devices of any kind shall be permitted within 100 feet of any place where fireworks or pyrotechnic devices are offered for sale. [Ord. 2006-13 § 1, 2006.]
8.25.100 Return of permit fee – Conditions requiring.
Should any statute or regulation be enacted and become effective that would make unlawful the issuance of the permit as in this chapter provided, then on request of the applicant and surrender of any receipt or permit given or issued hereunder the permit fee shall be returned to the applicant. [Ord. 2006-13 § 1, 2006.]
8.25.110 Violation and enforcement.
The violation of any provision of this chapter or a condition of a permit issued under this chapter shall be deemed a nuisance, and any person who engages in conduct in violation of this chapter or conditions of a permit issued under this chapter shall be guilty of a civil infraction and subject to citation and enforcement under Chapter 2.15 LCMC. [Ord. 2006-13 § 1, 2006.]
See also Chapter 9.55 LCMC, Fireworks.