Chapter 5.12 FIREWORKS

Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter:

A. "Fireworks" means any composition or device, in a finished state, containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and classified as common or special fireworks.

B. "Special fireworks" means any fireworks designed primarily for exhibition display by producing visible or audible effects and classified as such by the U.S. Bureau of Explosives or in the regulations of the U.S. Department of Transportation and designated as U.N. 0335 1.3G as of April 17, 1995.

C. "Common fireworks" means any fireworks which are designed primarily for retail sale to the public during prescribed dates and which produce visible or audible effects through combustion and are classified as common fireworks by the U.S. Bureau of Explosives or in the regulations of the U.S. Department of Transportation and designated as U.N. 0336 1.4G as of April 17, 1995.

D. "Agricultural and wildlife fireworks" includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior.

E. "Public display of fireworks" means an entertainment feature where the public is admitted or permitted to view the display or discharge of special fireworks.

F. "Fire nuisance" shall mean anything or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay, or hindrance to the prevention of or extinguishment of fire.

G. "License" means a nontransferable formal authorization which the State Fire Marshal is permitted to issue under Chapter 70.77 RCW to engage in the acts specifically designated therein.

H. "Permit" means the official permission granted by the city of Mill Creek for the purpose of doing any act which is regulated by this chapter.

I. "Person" includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

J. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks.

K. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells special fireworks to public display permittees.

L. "Retailer" includes any person who, at a fixed location or place of business, sells, transfers, or gives common fireworks to a consumer or user.

M. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging public displays of fireworks.

N. "City manager" means the city manager of the city of Mill Creek or his designee, which designee shall be the local fire official for purposes of Chapter 70.77 RCW.

5.12.020 Acts prohibited without a permit.

No person shall do any of the following acts in the city of Mill Creek without having first obtained and having in full force and effect a valid permit issued by the city to do so:

A. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use; provided, however, no permit is required for the possession or use of common fireworks lawfully purchased at retail. Sales of fireworks in violation of this section shall constitute a gross misdemeanor, and shall be punishable by a fine not to exceed $5,000, or imprisonment not to exceed one year (365 days), or both such fine and imprisonment. Possession of less than one pound of fireworks, exclusive of external packaging, shall constitute a misdemeanor, punishable by a fine not to exceed $1,000, or imprisonment not to exceed 90 days, or both such fine and imprisonment. Possession of one pound or more of fireworks, exclusive of external packaging, shall constitute a gross misdemeanor, punishable by a fine not to exceed $5,000, or imprisonment not to exceed one year (365 days), or both such fine and imprisonment.

B. Discharge special fireworks at any place.

C. Make a public display of fireworks.

D. Transport fireworks, except as a public carrier delivering to a permittee.

5.12.030 Application for permit.

A. Any person desiring to do any act set forth in MCMC 5.12.020 shall first make written application for a permit to the city manager. The application for a permit shall be signed by the applicant. If the application is made by a partnership, it shall be signed by each partner of the partnership, and if the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation.

The application shall be in such form as the city manager shall require and shall include, at a minimum, the following information:

1. The true name, address and telephone number of the applicant;

2. A statement by the applicant that he or she is over the age of 18 years of age;

3. A statement as to whether the applicant possesses a license issued by the State Fire Marshal to do the act for which the permit is sought, and the current status of the said license;

4. The proposed location at which the applicant intends to perform the act for which the permit is sought; and

5. Such other information as the city manager may require in order to make the investigation and report required by MCMC 5.12.040.

B. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee as provided in Chapter 3.42 MCMC. The city council hereby finds that this charge is necessary to cover the legitimate administrative costs for permit processing and inspection.

C. All applications for permits pursuant to this chapter shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive general liability insurance policy with a minimum coverage of $500,000 and $2,000,000 for bodily injury liability for each person and event, respectively, and not less than $500,000 for property damage liability for each event. Such general liability policy shall name the city of Mill Creek as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of said policy without 30 days’ written notice to the city. Said policy and certificate shall be in a form approved by the city attorney.

D. Applications for public display of fireworks shall be made in writing at least 10 days in advance of the proposed display.

5.12.040 Investigation, report on permit application.

It shall be the duty of the city manager to make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the city manager shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person.

5.12.050 Grant or denial of permit – Conditions.

The city manager shall have the power, based upon the findings of his investigation, to grant or deny any application for a permit, or to subject the same to such reasonable conditions, if any, as he shall prescribe.

5.12.060 License required prior to issuance of permit.

No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the State Fire Marshal, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought.

5.12.070 Public display permit – Granted for exclusive purpose – Nontransferable.

If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable.

5.12.080 Supervision of public displays.

Every public display of fireworks shall be handled or supervised by a pyrotechnic operator approved by the city manager.

5.12.090 Permit authorizes activities of salesmen, employees.

The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to salesmen and other employees of such person.

5.12.100 Sale, use and discharge of common fireworks prohibited.

A. No common fireworks shall be sold, used or discharged within the city of Mill Creek at any time.

B. No common fireworks shall be sold, used or discharged within the city of Mill Creek on December 31, 1995, or January 1, 1996, or on any subsequent December 31st or January 1st of any subsequent year.

C. Violation of this section shall constitute a gross misdemeanor, and shall be punishable by a fine not to exceed $5,000, or imprisonment not to exceed one year (365 days), or both such fine and imprisonment.

MCMC 5.12.110 (Sales of common fireworks), 5.12.120 (All sales to be from temporary stands), and 5.12.130 (Standards for fireworks stands) are superseded by Section 1 of Ordinance 92-279, which prohibits the sale, use and discharge of common fireworks within the city of Mill Creek; provided, however, that such code sections remain the law in Mill Creek, and if common fireworks are allowed to be sold within the city of Mill Creek such code sections shall be fully applicable to such sales.

5.12.110 Sales of common fireworks.

No person shall sell common fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued.

5.12.120 All sales to be from temporary stands.

All sales of common fireworks shall be from temporary stands, which shall not be erected prior to the eighteenth day of June of any year and which shall be removed or torn down not later than the sixteenth day of July of the same year.

5.12.130 Standards for fireworks stands.

The fireworks stands of all those persons engaging in the sale of common fireworks pursuant to a permit issued under this chapter shall conform to the following minimum standards and conditions unless the city manager, the building official and the chief of the fire district responsible for providing fire suppression in the city of Mill Creek concur that a variation or waiver of subsections B and/or H of the following standards or conditions for individual fireworks stands is in the interests of the public health, safety and welfare; provided, no such waiver or variation shall be granted after July 6, 1985.

A. Fireworks stands shall comply with all provisions of the building code and shall be constructed in such a manner so as not to endanger the safety of attendants and patrons.

B. No fireworks stand shall be located within 50 feet of any other building or structure, nor within 250 feet of any gasoline station, oil storage tank or premises where flammable liquids are kept or stored.

C. Each fireworks stand must have at least two exits which shall be unobstructed at all times.

D. Each fireworks stand shall have in a readily accessible place a charged water extinguisher or a charged garden hose duly approved in advance by the city manager or his designee.

E. All weeds, grass and combustible material shall be cleared from the location of the fireworks stand and the surrounding area a distance of not less than 20 feet, measured from the exterior walls on each side of the fireworks stand.

F. No smoking shall be permitted in or near a fireworks stand, and the same shall be posted with proper "No Smoking" signs.

G. Each fireworks stand shall have an adult in attendance at all times that the stand is stocked. Stock from the stand shall not be removed or stored in any other building during the sales period without the express written approval of the city manager.

H. No fireworks stand shall be located within a radius of one-quarter mile from any other stand.

I. Each fireworks stand shall have provision for sufficient off-street parking, in the opinion of the city manager, to avoid impeding continuous flow of traffic at entrances and exits from the premises.

J. Each firework stand shall post prominently a list of fireworks that may be sold to the public.

5.12.140 Fire nuisance where fireworks kept prohibited.

No person shall allow any rubbish to accumulate in any premises where any fireworks are sold or stored or permit a fire nuisance to exist on such premises.

5.12.150 Approved storage facilities required.

It shall be unlawful for any person to store unsold stocks of fireworks remaining unsold after the lawful period of sale as provided in his permit except in such places of storage as the city manager shall approve. Unsold stocks of fireworks remaining after the authorized retail sales period from 12:00 noon on June 28th to 12:00 noon on July 6th shall be returned on or before July 31st of the same year to the approved storage facilities of a licensed fireworks wholesaler, to a magazine or storage place approved by the city manager or to a place approved by the State Fire Marshal. Upon receiving a written application at least 10 days prior to the date of proposed storage, the city manager shall investigate whether the character and location of the storage would constitute a hazard to any property or be dangerous to any person. Based upon the investigation, the city manager may grant or deny any application for storage or to subject the same to such reasonable conditions, if any, as he shall prescribe.

5.12.160 Unlawful possession.

The possession of any class or kind of fireworks in violation of the provisions of this chapter is prohibited.

5.12.170 Sales or transfers of special fireworks.

No person shall sell or transfer any special fireworks to any person who is not a fireworks permittee as provided in this chapter.

5.12.180 Manufacture or sale of fireworks for out-of-state shipment.

This chapter does not prohibit any manufacturer, wholesaler, dealer, or jobber, having a license issued by the State Fire Marshal and a permit secured under the provisions of this chapter, from manufacturing or selling any kind of fireworks for direct shipment out of this state.

5.12.190 Special effects for entertainment media.

This chapter does not prohibit the assembling, compounding, use and display of special effects of whatever nature by any 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 of Mill Creek to purchase, possess, transport or use such fireworks.

5.12.200 Nonprohibited 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.

5.12.210 Revocation or suspension of permit.

A. Mandatory Revocation. The city manager shall revoke any permit issued pursuant to this chapter, if he or she finds that:

1. The permittee, its agents or employees have violated any provision(s) of this chapter or any rule(s) or regulation(s) issued by the city pursuant to this chapter.

2. The permittee has created or caused a fire nuisance, or allowed a fire nuisance to exist.

3. The permittee has failed or refused to file any required reports.

4. Any fact or condition exists which, if it had existed at the time of the original application for a permit, reasonably would have warranted the city manager in refusing originally to issue such permits.

B. Discretionary Revocation or Suspension. The city manager may at any time suspend or revoke any permit issued under the provisions of this chapter, if the permittee has:

1. Made any false statement or misrepresentation of fact in connection with obtaining the permit.

2. Failed to obtain or has had revoked or suspended any license required by the state of Washington pursuant to Chapter 70.77 RCW or this chapter.

3. Had any insurance coverage required by this chapter canceled, revoked or lapsed.

C. Notice – Effective Date. When the city manager determines that there is cause for revoking or suspending any permit issued pursuant to this chapter, the city manager shall notify in writing the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice by the permittee.

D. Appeal. The decision of the city manager with respect to the revocation or suspension of any permit issued under this chapter shall be final. Any permittee whose permit is suspended or revoked may appeal the decision of the city manager to the Snohomish County superior court by filing such appeal within 10 days of the date of the final decision of the city manager. This shall be the exclusive remedy of any permittee under this chapter.

5.12.220 Penalties for violation.

Any person violating any of the provisions of this chapter in which no penalty is otherwise specified shall have committed a misdemeanor, which shall be punishable by a fine not to exceed $1,000, or imprisonment not to exceed 90 days, or both such fine and imprisonment.

5.12.230 Violation a separate, continuing infraction.

A person commits a separate infraction for each day during which he commits, continues, or permits a violation of any provision of this chapter.