Chapter 7.32
FIREWORKS1
Sections:
7.32.020 Days when sale and discharge are permitted.
7.32.030 Prohibited locations.
7.32.040 Retail permit – Fireworks stands.
7.32.050 Public display permit.
7.32.010 Definitions.
All terms used in this chapter shall have the meanings set forth in Chapter 70.77 RCW, as the same now exists or as it may hereafter be amended. (Ord. 926 § 1, 2015).
7.32.020 Days when sale and discharge are permitted.
(1) Consumer fireworks may be sold within the city of Normandy Park from 12:00 noon to 11:00 p.m. on the first day of July and from 9:00 a.m. to 11:00 p.m. on each day from the second of July through the fourth of July of each year.
(2) Consumer fireworks may be discharged within the city of Normandy Park from 6:00 p.m. to 11:00 p.m. on the third of July, from 4:00 p.m. to 11:00 p.m. on the fourth of July, and from 6:00 p.m. on December 31st to 12:30 a.m. on January 1st of the subsequent year.
(3) It is unlawful for any person to discharge any fireworks in the city of Normandy Park except as authorized in this chapter. (Ord. 926 § 1, 2015).
7.32.030 Prohibited locations.
It is unlawful to possess or discharge any fireworks in or on any public park, public open space, public playground, public street, public road, public right-of-way, or other publicly owned property in the city of Normandy Park. (Ord. 926 § 1, 2015).
7.32.040 Retail permit – Fireworks stands.
(1) Any person desiring to sell any fireworks at retail within the city shall first apply for and obtain a permit from the city to do so. The application shall be filed with such city official or employee as may be designated by the city manager and shall be accompanied by a nonrefundable application fee in the amount prescribed by the city’s fee resolution.
(2) Upon receipt of an application, the official or employee designated by the city shall investigate whether the character and location of the retail sales meet the requirements of this chapter. Based on the investigation, the official or employee shall make a report of his or her findings, and a recommendation for or against issuance of the permit, together with reasons and proposed conditions, to the city manager.
(3) The city manager shall issue retail sales permits subject to compliance with all requirements of Chapter 70.77 RCW, Chapter 212-17 WAC, and this chapter, as the same now exist or as the same may be hereafter amended. The city manager may impose such conditions as are reasonably necessary to ensure compliance.
(4) Permits for the retail sale of fireworks at fireworks stands shall be issued only to applicants that meet the following conditions:
(a) The applicant shall have a valid and subsisting license issued by the state authorizing the holder to engage in the retail sale of fireworks as described in the permit;
(b) The proposed stand shall be located only on property that is zoned neighborhood center (NC) or mixed use (MU). Fireworks stands are not allowed in any other zoning district;
(c) Not more than one stand shall be allowed in any contiguous area zoned NC or MU and the stand shall be located in an area approved by the city manager;
(d) All fireworks stands must provide parking space(s) for at least one vehicle in addition to any existing parking spaces required for any existing on-site use. The additional parking space(s) for the fireworks stand need not be paved, but must be kept free from litter and combustible or flammable materials;
(e) Each temporary fireworks stand shall provide for traffic circulation sufficient to avoid impeding a continuous flow of traffic at entrances and exits;
(f) Such stand need not comply with the provisions of the Normandy Park building code nor require a building permit; provided, however, that all temporary fireworks stands shall be erected under the supervision of the city manager or his or her duly authorized representative who shall require that such stands be constructed in a safe manner, insuring the safety of the attendants and patrons, and in the event that the stand is wired for electricity, such wiring shall conform to the State Electrical Code and shall be limited to provisions of adequate lighting;
(g) The city permit fee for each such fireworks stand shall be set by resolution of the city council;
(h) The applicant shall be required to furnish proof of the liability insurance policy required by RCW 70.77.270, as the same now exists or as it may hereafter be amended. The applicant shall also be required to furnish the cleanup bond required by WAC 212-17-21519, as the same now exists or as it may hereafter be amended. (Ord. 926 § 1, 2015).
7.32.050 Public display permit.
(1) Any person desiring to put on a public display of fireworks in the city of Normandy Park shall apply for and obtain a permit from the city to do so. The application shall be filed with the city clerk and accompanied by a nonrefundable application fee in the amount prescribed by the city’s fee resolution.
(2) If an applicant for a public display permit has a general license for public display issued by the Chief of the Washington State Patrol, the applicant shall include a copy of the same with its application. The applicant shall also furnish proof of the bond and insurance in the amounts required by RCW 70.77.285 and 70.77.295, as the same now exist or as they may hereafter be amended.
(3) Upon receipt of an application, the local fire official designated by the city under Chapter 14.20 NPMC shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. Based on the investigation, the official shall make a report of his or her findings, and a recommendation for or against issuance of the permit, together with reasons and proposed conditions, to the Normandy Park city council. The city council shall grant the application if it meets the requirements of Chapter 70.77 RCW, as the same now exists or it may hereafter be amended, and this chapter.
(4) All public displays of fireworks shall be of such a character and so located, discharged, or fired as not to be hazardous or dangerous to persons or property. No permit shall be granted for any public display of fireworks where the discharge, failure to fire, faulty firing, or fallout of any fireworks or other objects would endanger persons, buildings, structures, forests, brush, or other grass covered land. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator licensed by the Chief of the Washington State Patrol, through the director of fire protection.
(5) Public displays of fireworks shall be allowed only on July 4th, between the hours of 9:00 p.m. and midnight, and between 9:00 p.m. on December 31st and 1:00 a.m. on January 1st of the subsequent year. (Ord. 926 § 1, 2015).
7.32.060 Violation.
Any person violating any provision of this chapter is guilty of a misdemeanor, punishable as provided in NPMC 1.04.010. (Ord. 926 § 1, 2015).
Prior legislation: Ords. 88, 139, 266, 361 and 875.