Chapter 8.12
FIREWORKS
Sections:
8.12.020 Acts prohibited without permit.
8.12.025 Fireworks—Restricted use.
8.12.030 Application for permit.
8.12.040 Investigation, report on permit application.
8.12.050 Grant or denial of permit.
8.12.060 License prerequisite to permit.
8.12.070 Public display permit—Investigation.
8.12.080 Public display permit—Additional conditions.
8.12.090 Public display permit—Nontransferable.
8.12.100 Classification of fireworks.
8.12.110 Dates consumer fireworks may be sold or discharged.
8.12.120 Temporary fireworks stands.
8.12.130 Supervision of public displays.
8.12.140 Storage permit required.
8.12.150 Sale of display fireworks.
8.12.160 Sale of common fireworks.
8.12.170 Restrictions on discharge.
8.12.010 Definitions.
The definitions set forth in RCW 70.77.120 through 70.77.241, as now stated or hereafter amended, are hereby adopted by this reference and a copy of the same shall be kept on file in the office of the city clerk for public use and inspection. In addition:
A. “Minor child” or “ward” is defined as any person less than eighteen years of age who is the biological, adopted, foster child, stepchild, or legal ward of an adult or any person under eighteen years of age who is under the protection or care of any adult.
(Ord. 880 § 1, 2010: Ord. 845 § 1, 2008)
8.12.020 Acts prohibited without permit.
No person, without securing a permit, shall do any of the following:
A. Manufacture, import, export, possess, or sell any fireworks at wholesale or retail for any use, including agricultural purposes or wildlife control;
B. Discharge any display fireworks at any place;
C. Make a public display of fireworks;
D. Transport fireworks, except as a public carrier;
E. Allow, permit or assist that person’s minor child or ward in violating the provisions of this chapter.
(Ord. 880 § 3, 2010: Ord. 845 § 2, 2008; Ord. 340 § 2 (part), 1982)
8.12.025 Fireworks—Restricted use.
It is unlawful for any person to use, discharge, ignite or explode any fireworks within the city except on the beach between the Marine View Drive Beach Access and the Damon Beach Approach a minimum of one hundred feet west of the dunes. (Ord. 845 § 3, 2008: Ord. 582 § 1, 1995)
8.12.030 Application for permit.
A. Any adult person or other group desiring to do any act mentioned in Section 8.12.020 shall first make written application for a permit to the city at the Ocean Shores fire department. Applications for permits for public displays of fireworks shall be made at least sixty days in advance of the proposed display. Failure to make application at least sixty days in advance may result in denial of a permit.
B. Any person seeking a permit for an event that will be held on public property will also be subject to the special events process as noted in Chapter 5.24 of this code.
(Ord. 845 § 4, 2008: Ord. 340 § 2 (part), 1982)
8.12.040 Investigation, report on permit application.
It shall be the duty of the fire chief, or fire chief’s designee, to make an investigation and submit a report of his findings and his recommendation for or against the issuance of a permit, together with his reasons therefor, to the mayor or mayor’s designee for final review and inclusion in the permit application file. (Ord. 845 § 5, 2008: Ord. 340 § 2 (part), 1982)
8.12.050 Grant or denial of permit.
The mayor or mayor’s designee shall have power to grant or deny the application, subject to reasonable public safety conditions, if any, as he shall prescribe. Any person aggrieved by the decision to grant or deny the permit may, within ten days, appeal that decision to the city council. (Ord. 845 § 6, 2008: Ord. 340 § 2 (part), 1982)
8.12.060 License prerequisite to permit.
A permit shall not be issued unless the person applying for the permit has first obtained a license from the Chief of the Washington State Patrol, as provided in Chapter 70.77 RCW, to do the particular act or acts described in the permit. (Ord. 642 § 1, 1998: Ord. 340 § 2 (part), 1982)
8.12.070 Public display permit—Investigation.
It shall be the duty of the mayor, or mayor’s designee, to 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 the property or dangerous to any person. The mayor or mayor’s designee shall in the exercise of reasonable discretion grant or deny the application subject to such reasonable conditions, if any, as he may prescribe. A party aggrieved by the decision of the mayor or mayor’s designee may, within ten days, appeal that decision to the city council. (Ord. 845 § 7, 2008: Ord. 340 § 2 (part), 1982)
8.12.080 Public display permit—Additional conditions.
The applicant for a permit for a public display of fireworks shall at the time of application file with the officer to whom the application is made a bond issued by an authorized surety company to be approved by such officer, conditioned upon the applicant’s payment of all damages to persons or property which shall or may result from or be caused by such public display of fireworks, or any negligence on the part of the applicant, or his or its agents, servants, employees, or subcontractors in the presentation thereof, or a certificate of insurance evidencing the carrying of appropriate public liability insurance for the benefit of the person named therein as assured, as evidence of ability to respond in damages in at least such amount, said policies to be similarly approved. The amount of such surety bond or certificate of insurance shall not be less than fifty thousand dollars and one million dollars for bodily injury liability for each person and event, respectively, and not less than twenty-five thousand dollars for property damage liability for each event. (Ord. 340 § 2 (part), 1982)
8.12.090 Public display permit—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. (Ord. 340 § 2 (part), 1982)
8.12.100 Classification of fireworks.
A. No fireworks shall be sold or offered for sale to the public as consumer fireworks which are classified as skyrockets or missile-type rockets as defined by the United States Department of Transportation and the Federal Consumer Product Safety Commission unless the State Fire Marshal has approved the type of fireworks so classified.
B. Toy paper caps containing not more than twenty-five hundredths grain of explosive compound for each cap and trick or novelty devices not classified as common fireworks may be sold at all times.
(Ord. 845 § 8, 2008; Ord. 340 § 2 (part), 1982)
8.12.110 Dates consumer fireworks may be sold or discharged.
A. It is legal to sell and purchase consumer fireworks within the city of Ocean Shores per RCW 70.77.395(1), as now stated or hereafter amended. A copy of the same shall be kept on file in the office of the city clerk for public use and inspection.
B. Consumer fireworks may be discharged within the city, in the area noted in Section 8.12.025, only on the second and third of July between the hours of twelve p.m. and eleven p.m. and the fourth of July between the hours of twelve p.m. and twelve midnight and from six p.m. on December 31st until one a.m. on January 1st of the subsequent year, or as provided in RCW 70.77.311 or as otherwise allowed by this chapter.
(Ord. 908 § 1, 2012: Ord. 880 § 2, 2010: Ord. 845 § 9, 2008: Ord. 340 § 2 (part), 1982)
8.12.120 Temporary fireworks stands.
All temporary fireworks stands erected or used under permits granted by the city shall meet the following requirements:
A. No stand shall be located within twenty-five feet of another building or structure.
B. Every stand, if twenty feet in length or more, shall have not less than two exits which shall be unobstructed at all times.
C. Every stand shall be equipped with a Class A type fire extinguisher approved by the city and situated in a suitable location.
D. Smoking shall not be permitted in or near any stand and “no smoking” signs shall be posted on the stand so as to be clearly visible.
E. No person under the age of eighteen years shall be allowed inside of any stand for any purpose.
F. All combustible vegetation or other material shall be cleared away for a distance of not less than twenty-five feet in all directions from the exterior of the stand.
G. Every person issued a permit to maintain a temporary fireworks stand shall post one hundred dollars in the form of cash or certified check, payable to the city, with the city, the condition of such payment to be the prompt removal of the temporary fireworks stand and all debris from the site of the stand when the time for selling fireworks has expired, the one-hundred-dollar bond shall be automatically forfeited and the city shall have the authority to remove the stand and any debris and dispose of the same in any manner whatsoever. If the permittee removes the stand and debris within the time specified to the satisfaction of the city, the bond shall be refunded; provided, if the applicant is a nonprofit corporation and if the city manager deems it appropriate, he may waive the imposition of the security bond mandated by this subsection.
(Ord. 340 § 2 (part), 1982)
8.12.130 Supervision of public displays.
Every public display of fireworks shall be handled or supervised by a competent and experienced pyrotechnic operator approved by the city. (Ord. 340 § 2 (part), 1982)
8.12.140 Storage permit required.
It is unlawful for any person to store fireworks of any classification without first having made a written application for and received a permit for storage from the city at least ten days prior to the date of the proposed storage. It shall be the duty of the officer to whom the application for storage permit is made to make an investigation as to whether such storage as proposed will be of such nature and character and will be so located as to constitute a hazard to property or be dangerous to any person, and he shall in the exercise of reasonable discretion grant or deny the application, subject to reasonable conditions, if any, as he may prescribe. (Ord. 340 § 2 (part), 1982)
8.12.150 Sale of display fireworks.
No person shall sell or transfer any display fireworks to any person who is not a fireworks licensee as provided by Chapter 70.77 RCW. (Ord. 845 § 10, 2008: Ord. 340 § 2 (part), 1982)
8.12.160 Sale of common fireworks.
No person shall sell or transfer any 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. (Ord. 340 § 2 (part), 1982)
8.12.170 Restrictions on discharge.
No fireworks shall be discharged in any dune area or within a building without city approval. No person shall set off fireworks of any kind in forest, fallows, grass or brush covered land, either on his own land or the property of another, between April 15th and December 1st of any year, unless it is done under a written permit from the supervisor of forestry or his duly authorized agent. (Ord. 340 § 2 (part), 1982)
8.12.180 Exempt transfers.
No permit is required for the sale of consumer fireworks to religious organizations for ceremonial uses or to private organizations or persons for specific uses, when reviewed by the local fire official and approved by the mayor or mayor’s designee, or for the sale and use of agricultural and wildlife fireworks if the agricultural and wildlife fireworks are distributed to farmers, ranchers or growers through a wildlife management program administered by the United States Department of the Interior. (Ord. 845 § 11, 2008: Ord. 340 § 2 (part), 1982)
8.12.190 Permit fee.
All applicants for a permit pursuant to the provisions of this chapter shall be charged a permit fee in an amount sufficient to cover legitimate administrative costs for permit processing and inspection, but in no case to exceed one hundred dollars for any one year. The fee shall be set by resolution of the city council of the city. (Ord. 340 § 2 (part), 1982)
8.12.200 Penalty.
Any person violating any of the provisions of this chapter or any rules or regulations issued thereunder is guilty of a Class C offense as defined by subsection (A)(3) of Section 7.01.050 of this code. A person is guilty of a separate offense for each day during which he commits, continues or permits a violation of any provision of this chapter. (Ord. 340 § 2 (part), 1982)