Chapter 9.06
FIREWORKS
Sections:
9.06.010 State statutes adopted by reference.
9.06.020 Sale, use or discharge of fireworks unlawful – Exemptions.
9.06.030 Possession or use of explosives unlawful.
9.06.050 Chapter in connection with state law.
9.06.070 Penalty for violations.
9.06.010 State statutes adopted by reference.
The following state statutes, as now or hereafter amended, are hereby adopted by reference as and for a portion of the fireworks regulations of the city as if set forth in full herein.
RCW
70.77.236 Definitions.
70.77.255 Acts prohibited without appropriate license.
70.77.260(2) Application for public display permit.
70.77.285 Public display permit – Bond or insurance for liability.
70.77.295 Public display permit – Amount of bond or insurance.
70.77.345 Duration of licenses and retail fireworks sales permits.
70.77.420 Storage permit required – Application – Investigation – Issuance.
70.77.425 Approved storage facilities required.
70.77.480 Prohibited transfers of fireworks.
70.77.485 Unlawful possession of fireworks.
70.77.488 Unlawful discharge or use of fireworks.
70.77.510 Unlawful sales or transfers of special fireworks.
70.77.515 Unlawful sales or transfers of common fireworks – Penalty.
70.77.517 Unlawful transportation of fireworks – Penalty.
70.77.520 Unlawful to permit fire nuisance where fireworks kept – Penalty.
70.77.540 Penalty.
70.77.545 Violation a separate, continuing offense.
70.77.547 Civil enforcement not precluded.
(Ord. 2810 § 1, 2002; Ord. 2441 § 38, 1995. Formerly 9.02.370).
9.06.020 Sale, use or discharge of fireworks unlawful – Exemptions.
It shall be unlawful for any person to sell or offer to sell, or use, discharge, ignite or explode, any fireworks within the city; provided, that this prohibition shall not apply to:
A. Duly authorized public displays as authorized by a state license granted pursuant to RCW 70.77.260(2);
B. Use by individual or group for religious or other specified purpose on approved date and at approved location or as exempted under RCW 70.77.311(2); or
C. Special effects for entertainment media pursuant to RCW 70.77.535.
Nothing herein prohibits possession of fireworks. (Ord. 2810 § 1, 2002).
9.06.030 Possession or use of explosives unlawful.
It shall be unlawful for any person to possess, use, discharge, ignite or explode explosives as defined under RCW 70.74.010, except as provided permitted or authorized by Chapter 70.74 RCW (Washington State Explosives Act). (Ord. 2810 § 1, 2002).
9.06.040 Public display.
A. Permit Required for Public Display of Fireworks. It shall be unlawful for any person to hold, store for, or conduct or engage in any public display of fireworks within the city without first having obtained and being the holder of a valid permit from the city of Port Townsend and license from the state of Washington pursuant to Chapter 70.77 RCW.
B. Permit Fee for Public Display. The annual fee for a public display and permit of fireworks shall be $250.00.
C. 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 by this code and public law.
D. Application for Public Display of Fireworks. Applications for a permit to hold, conduct, or operate a public display of fireworks shall be made to the city of Port Townsend at least 45 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 the standards for public display set forth herein.
E. Standards for Public Fireworks Display(s). All public fireworks displays shall conform to the following minimum standards and conditions:
1. All public fireworks displays shall be planned, organized, and discharged by a state of Washington licensed pyrotechnician;
2. A permit shall be obtained from the city of Port Townsend prior to any display of public fireworks. The permit shall include the name of the applicant and their address; the name of the pyrotechnician(s) and the respective address, state license number and expiration date; the exact location, date and time of the proposed display; the number, type and class of fireworks to be displayed; the location and manner in which the fireworks are being stored and transported prior to the public fireworks display; and shall include the name, address and insurance certification form of the insurance company providing the bond required;
3. A drawing shall be submitted to the fire chief or designee showing a plan of view of the fireworks area of discharge for a distance 70 feet for every inch of the proposed display’s largest shell diameter (minimum), in all directions;
4. The drawing shall include all structures, fences, barricades, streets, fields, waterways, and any other significant factors that may be subjected to ignition or that may inhibit firefighting capabilities;
5. The chief of the fire department may require that a fire department pumper and minimum of two trained firefighters be on site 30 minutes prior to and after discharge of any fireworks;
6. All combustible debris and trash shall be removed from the area of discharge for a distance 70 feet for every inch of the proposed display’s largest shell diameter (minimum), in all directions;
7. All dud fireworks shall be disposed of in a safe and legal manner;
8. A minimum of two minimum 2-A rated pressurized water fire extinguisher and one 3-A:40-B:C rated fire extinguisher and one fire blanket shall be required to be at the fireworks discharge site;
9. The permit may be immediately revoked at any time deemed necessary by the fire marshal or designee due to noncompliance, or weather conditions such as extremely low humidity or wind factors. The display may also be cancelled by accidental ignition of any form of combustible or flammable material in the vicinity due to falling debris from the display;
10. A cash debris bond in the amount of $500.00, conditioned upon the cleaning up of all debris and litter from the site and the adjoining area, unless for good cause the requirement is waived;
11. The chief of the fire department may stipulate additional permit requirements as deemed necessary for the public and permittee’s health, fire and life safety, and welfare.
F. Permit. Based on the investigation by the fire chief, or designee, the fire chief, or designee, shall submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the city council whether the display as proposed would be hazardous to property or dangerous to any person. As provided by RCW 70.77.280, the city council shall grant the application if it meets the requirements of this chapter and Chapter 70.77 RCW and applicable laws and regulations. The city council delegates to the city manager the decision to grant or deny the application. (Ord. 2810 § 1, 2002).
9.06.050 Chapter in connection with state law.
This chapter is intended to implement provisions of the Revised Code of Washington, particularly Chapter 70.77 RCW (State Fireworks Law), and shall be construed in connection with that law and any and all rules or regulations issued pursuant thereto. (Ord. 2810 § 1, 2002).
9.06.060 Enforcement.
The police chief, or designee, is authorized to enforce all provisions of this chapter and, in addition to criminal sanctions or civil remedies, may revoke any permit issued pursuant to this chapter upon any failure or refusal of the permittee or any person to comply with the orders and directives of the fire chief or designee, or police officer, and/or to comply with any provisions of this chapter or other laws or regulations of the city or state. The procedures for administration and enforcement set forth in Chapter 1.20 PTMC are hereby made applicable to the enforcement of this chapter. (Ord. 2952 § 1, 2008; Ord. 2810 § 1, 2002).
9.06.070 Penalty for violations.
Any person violating or failing to comply with the provisions of this chapter is guilty of a misdemeanor.
In addition, or alternatively, violation(s) of any of the provisions of this chapter or any of the conditions imposed upon a permit issued hereunder shall subject the permittee to a daily civil penalty as provided in Chapter 1.20 PTMC. (Ord. 2952 § 1, 2008; Ord. 2810 § 1, 2002).