Chapter 9.48
WEAPONS AND FIREWORKS

9.48.000    Chapter Contents

Sections:

9.48.012    Possession of weapons--Where prohibited.

9.48.140    Discharge of firearms prohibited.

9.48.160    Fireworks. (effective until December 14, 2012)

9.48.160    Fireworks. (effective on December 14, 2012)

9.48.170    State statutes adopted by reference.

9.48.012 Possession of weapons –Where prohibited

It is unlawful for any person to enter any stadium or convention center operated by the city or other municipal corporation when he or she knowingly possesses or knowingly has under his or her control a weapon as defined in RCW 70.74.010 or listed in RCW 9.41.250 except that such restrictions shall not apply to (1) any pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or (2) any showing, demonstration, or lecture involving the exhibition of firearms.

(Ord. 5589 §1, 1996; Ord. 4637 §§1, 5, 1985).

9.48.140 Discharge of firearms prohibited

It is unlawful for any person to willfully discharge a firearm in any place where there is reasonable likelihood that humans, domestic animals or property will be jeopardized. This section shall not abridge the right of the individual guaranteed by Article I, Section 24 of the State Constitution to bear arms in defense of self or others.

(Ord. 5589 §2, 1996; Ord. 3957 §8(O), 1976).

9.48.160 Fireworks (effective until December 14, 2012)

A.    RCW Chapter 70.77.

1.    The following sections of RCW Chapter 70.77 as amended by Chapter 230, Laws of 1982, Regular Session, relating to the manufacture, importation, possession, sale, discharge, display or transportation of fireworks are adopted by reference as though fully set forth in this chapter:

RCW 70.77.160	RCW 70.77.295
.165	.395
.170	.405
.175	.410
.180	.415
.190	.420
.200	.425
.205	.430
.210	.435
.215	.450
.230	.480
.255	.485
.260	.510
.265	.515
.270	.520
.280	.525
.285	.530
.290	.535
	.545

2.    Furthermore, each section designated as a "NEW SECTION" in Chapter 230, Laws of 1982, Regular Session, is hereby adopted by reference herein as though fully set forth in this chapter.

B.    International Fire Code. The provisions of Chapter 33 of the International Fire Code as incorporated by reference in Section 16.32.010 of the Olympia Municipal Code shall be considered supplemental to the provisions of RCW Chapter 70.77 as adopted by reference in subsection A unless a conflict exists, in which case, the provisions of RCW Chapter 70.77 as adopted in subsection A shall prevail.

C.    Sale of consumer fireworks shall be limited to accepted fireworks stands and shall not be allowed in a retail establishment selling non-firework items. For permit applications received pursuant to subsection A, the fire marshal shall place such controls on the numbers, location, placement and size of fireworks stands and shall attach such conditions to said permit as deemed appropriate by the fire department to preserve public safety.

D.    The fire marshal of the city shall charge fifty dollars as a minimum permit fee authorized pursuant to RCW 70.77.260 incorporated in this chapter. If the time devoted to inspection of any fireworks stand within one year exceeds two hours, the fee shall thereupon be increased at the rate of twenty-five dollars for each hour over two with a maximum fee of one hundred dollars. For public displays the basic fee shall be twenty-five dollars with an additional twenty-five dollars for each hour of inspection above one hour, with a one hundred dollar maximum fee.

E.    Fireworks Discharge, Sale and Purchase. The city restricts the discharge of consumer fireworks within the city each year to July 3 and July 4 only. Time of discharge allowed on said dates shall be from 9:00 a.m. to 11:00 p.m. The sale and purchase of consumer fireworks each year shall be limited to 9:00 a.m. July 1 through 11:00 p.m. July 4. No person shall sell, purchase or discharge any consumer fireworks except within the times and dates set forth above. Provided, this section shall not apply to any permits issued pursuant to RCW 70.77.280 or to any activity covered under RCW 70.77.311. RCW 70.77.395, as incorporated by reference in this section is amended insofar as said section is in conflict with this subsection. Pursuant to RCW 7.77.395, as amended by Second Substitute Senate Bill 6080 in 2002, the City prohibits the sale, purchase, possession, or use of consumer fireworks on December 27, 2002 through 1:00 a.m. on January 1 of 2003 and thereafter on the same period each year.

(Ord. 6311 §1, 2004; Ord. 6190 §1, §2, 2002; Ord. 5362 §1, 1993; Ord. 4365 §1, 1982; Ord. 3957 §8(Q), 1976).

9.48.160 Fireworks (effective on December 14, 2012)

A.    The definitions set forth below shall govern the construction of this chapter:

"Consumer 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 not included within the definition of display fireworks or small firework devices, as set forth in this section.

"Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than 2 grams (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002, and including fused setpieces containing components which exceed 50 mg of salute powder.

"Fire nuisance" means 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 a hindrance to the prevention or extinguishment of fire.

"Importer" includes any person who for any purpose other than personal use:

(1) Brings fireworks into this state or causes fireworks to be brought into this state;

(2) Procures the delivery or receives shipments of any fireworks into this state; or

(3) Buys or contracts to buy fireworks for shipment into this state.

"License" means a nontransferable formal authorization which the Chief of the Washington State Patrol, through the Director of Fire Protection, is authorized to issue under this chapter to allow a person to engage in the act specifically designated therein.

"Licensee" means any person issued a fireworks license in conformance with this chapter.

"Local fire official" means the chief of a local fire department or a chief fire protection officer or such other person as may be designated by the governing body of a city or county to act as a local fire official under this chapter.

"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 or persons who assemble consumer fireworks items or sets or packages containing consumer fireworks items.

"Permit" means the official authorization granted by a city or county for the purpose of establishing and maintaining a place within the jurisdiction of the city or county where fireworks are manufactured, constructed, produced, packaged, stored, sold, or exchanged and the official authorization granted by a city or county for a public display of fireworks.

"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.

"Public display of fireworks" means an entertainment feature where the public is or could be admitted or allowed to view the display or discharge of display fireworks.

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

"Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user.

"Small firework devices" means those devices commonly referred to as trick and novelty devices, including such items as snakes, glowworms, trick noise makers, party poppers, snappers or pop-its, paper caps containing not more than 25/100 grams of explosive compound for each cap, trick matches or similar devices. Such term also includes combustibles used in auto burglar alarms.

"Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment.

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

B.    RCW Chapter 70.77.

1.    The following sections of RCW Chapter 70.77 relating to the manufacture, importation, possession, sale, discharge, display or transportation of fireworks are adopted by reference as though fully set forth in this chapter, to the extent not in conflict with the Olympia Municipal Code:

 

RCW 70.77.255 (1)-(3)	RCW 70.77.295
.260	.401
.265	.405
.270	.410
.280	.415
.285	.420
.290	.435
	.450
	.480
	.510
	.515
	.520
	.525
	.530
	.535
	.545

C.    International Fire Code. The provisions of Chapter 33 of the International Fire Code as incorporated by reference in Section 16.04.020 of the Olympia Municipal Code shall be considered supplemental to the provisions of RCW Chapter 70.77 as adopted by reference in subsection B unless a conflict exists, in which case, the provisions of RCW Chapter 70.77 as adopted in subsection B shall prevail.

D.    Sales, possession and discharge of fireworks.

1.    Small firework devices may be sold and used at all times.

2.    Consumer fireworks shall not be sold or discharged in the city.

3.    The sale, use and possession of display fireworks or any other type of fireworks not otherwise regulated by Section 9.48.160 of the Olympia Municipal Code shall be unlawful unless sold, possessed or used in accordance with the provisions of Chapter 70.77 of the Revised Code of Washington.

E.    Fireworks permits. Any person, firm or corporation intending to sell, possess or discharge display fireworks within the City, shall be required as a condition of such sale, possession or discharge, to secure from the City Fire Marshal a permit for such activities. The fee for such permits shall be effective for the full calendar year in which the permit is secured. The City Fire Marshal is directed to issue such permits only if the applicant is in compliance with the terms of this chapter and Chapter 70.77 of the Revised Code of Washington upon application and payment of the permit fee. For public displays the basic fee shall be twenty-five dollars ($25) with an additional twenty-five dollars ($25) for each hour of inspection above one hour, with a one hundred dollar ($100) maximum fee.

F.    Fireworks--Unlawful sales. Any person, firm or corporation selling consumer fireworks in the City at any time shall be guilty of a misdemeanor.

G.    Fireworks--Unlawful transfer. Any person who knowingly sells, transfers or agrees to sell or transfer within the City any display fireworks to any person who is not a fireworks licensee as provided for in Chapter 70.77 of the Revised Code of Washington shall be guilty of a gross misdemeanor.

H.    Fireworks--Unlawful possession or discharge. It shall be unlawful for any person, within the City of Olympia to:

1.    Possess display fireworks which are not authorized to be in the possession of a licensee pursuant to Chapter 70.77 of the Revised Code of Washington. Possession of less than one pound of said unauthorized display fireworks, exclusive of external packaging, shall constitute a misdemeanor and possession of one pound or more of said non-authorized display fireworks, exclusive of external packaging, shall constitute a gross misdemeanor. For purposes of this subsection, the term "external packaging" means any materials that are not an integral part of the operative unit of the fireworks.

2.    Discharge consumer fireworks in the City. Violation of this subsection shall constitute a misdemeanor.

3.    Discharge or otherwise use any fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. A violation of this subsection shall constitute a gross misdemeanor.

4.    To allow rubbish to accumulate in any premises in which fireworks are stored or sold or to permit a fire nuisance to exist on such premises. A violation of this subsection shall constitute a misdemeanor.

(Ord. 6792 §1, 2011; Ord. 6311 §1, 2004; Ord. 6190 §1, §2, 2002; Ord. 5362 §1, 1993; Ord. 4365 §1, 1982; Ord. 3957 §8(Q), 1976).

9.48.170 State statutes adopted by reference

The following sections of RCW Chapter 9.41, as now or hereafter amended, relating to firearms and dangerous weapons, defining crimes and prescribing penalties, are hereby adopted by reference as though fully set forth in this chapter:

RCW	9.41.010	RCW	9.41.0975	RCW	9.41.250
	9.41.050		9.41.098		9.41.260
	9.41.060		9.41.110		9.41.270
	9.41.070		9.41.120		9.41.280
	9.41.075		9.41.140		9.41.300
	9.41.090		9.41.230		9.41.800
	9.41.094		9.41.240		9.41.810

(Ord. 5589 §4, 1996).