Chapter 8.32
FIREWORKS RESTRICTIONS
Sections:
8.32.020 Sale, use and discharge of fireworks unlawful – Exception.
8.32.040 Issuance – Nontransferable – Voiding.
8.32.050 Application for public display permit.
8.32.060 Standards for public fireworks displays.
8.32.080 Chapter implements state law.
8.32.100 Penalty for violations.
8.32.010 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. A copy of the same shall be kept on file in the office of the city clerk for public use and inspection. (Ord. 982 § 1, 2008; Ord. 875 § 1, 2002; Ord. 783 § 1, 1999)
8.32.020 Sale, use and discharge of fireworks unlawful – Exception.
A. It is unlawful for any person to sell, use or discharge consumer fireworks within the city.
B. It is unlawful for any person to sell, use, ignite, explode or discharge display fireworks within the city, except by authority of a state license and a city permit issued pursuant to RCW 70.77.260(2), 70.77.280 or 70.77.311(2) and this chapter. (Ord. 982 § 1, 2008; Ord. 875 § 1, 2002)
8.32.030 Permit fee.
The fee for a “public display” permit for the public display of fireworks shall be $100.00, and be payable to the city of Lake Forest Park. (Ord. 982 § 1, 2008; Ord. 875 § 1, 2002; Ord. 783 § 5, 1999. Formerly 8.32.050.)
8.32.040 Issuance – Nontransferable – Voiding.
Each public display permit issued pursuant to this chapter shall be valid only for the specific authorized display event, 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 in addition to all other sanctions provided in this chapter. (Ord. 982 § 1, 2008; Ord. 875 § 1, 2002; Ord. 783 § 6, 1999. Formerly 8.32.060.)
8.32.050 Application for public display permit.
Applications for a permit to hold, conduct, or operate a public display of fireworks shall be made to the city of Lake Forest Park at least 30 days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements in LFPMC 8.32.060 except as provided by state law. (Ord. 982 § 1, 2008; Ord. 875 § 1, 2002; Ord. 783 § 7, 1999. Formerly 8.32.070.)
8.32.060 Standards for public fireworks displays.
All public displays shall conform to the following minimum standards and conditions:
A. All public fireworks displays must be planned, organized and discharged by a state-licensed pyrotechnician;
B. A permit must be obtained from the city of Lake Forest Park prior to any display of public fireworks. The permit shall include the name of the applicant and his address; the name of the pyrotechnician and his address; the exact location, date and time of the proposed display; the number, type and class of fireworks to be displayed; the manner in which the fireworks are being stored prior to the public fireworks display; and shall include the name and address of the insurance company providing the bond required pursuant to RCW 70.77.285 or 70.77.295;
C. A drawing shall be submitted showing a plan view of the fireworks discharge site and the surrounding area with a radius that reflects 70 feet for every inch of the largest mortar, and not less than a 500-foot radius. This is required for land and water displays;
D. All combustible debris and trash shall be removed from the area of discharge for a distance of 300 feet in all directions;
E. All unfired or discharged fireworks shall be disposed of in a safe manner;
F. A minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket shall be required to be at the fireworks discharge site;
G. The permit may be immediately revoked at any time deemed necessary by the city administrator or designee due to any noncompliance or weather conditions such as extremely low humidity or wind factor. The display may also be canceled by accidental ignition of any form of combustible or flammable material in the vicinity due to falling debris from the display; and
H. Areas of public access shall be determined by the city administrator or designee and maintained in an approved manner. The city administrator or designee may inspect the discharge site prior to, during, and immediately following the display. (Ord. 982 § 1, 2008; Ord. 875 § 1, 2002; Ord. 783 § 8, 1999. Formerly 8.32.080.)
8.32.070 Applicability.
The provisions of this chapter shall apply to the sale and use of all fireworks except “toy caps,” and fireworks that are otherwise exempt pursuant to RCW 70.77.311 as now in effect or as may be subsequently amended. (Ord. 982 § 1, 2008; Ord. 875 § 1, 2002; Ord. 783 § 9, 1999. Formerly 8.32.090.)
8.32.080 Chapter implements state law.
This chapter is intended to implement Chapter 70.77 RCW, and shall be construed consistent with that statute and any and all rules or regulations issued pursuant thereto. (Ord. 982 § 1, 2008; Ord. 875 § 1, 2002; Ord. 783 § 10, 1999. Formerly 8.32.100.)
8.32.090 Enforcement.
The city administrator or designee, or duly authorized police officers, are authorized to enforce all provisions of this chapter and, in addition to criminal sanctions or civil remedies, they 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 city administrator or designee, or duly authorized police officers, and/or to comply with any provisions of this chapter or other laws or regulations. (Ord. 982 § 1, 2008; Ord. 875 § 1, 2002; Ord. 783 § 11, 1999. Formerly 8.32.110.)
8.32.100 Penalty for violations.
Any person violating or failing to comply with any provision of this chapter which does not include a violation of state law and which is the first or second offense shall be guilty of a civil infraction punishable by a fine of $200.00. Any violation of this chapter that constitutes a violation of state law and which is a third or subsequent offense in a five-year period shall be a misdemeanor. In addition, any fireworks that are involved in any violation of this chapter are subject to seizure by any law enforcement officer. (Ord. 982 § 1, 2008; Ord. 875 § 1, 2002; Ord. 783 § 12, 1999. Formerly 8.32.120.)