Chapter 8.20 FIREWORKS

Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 70.77 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

RCW

70.77.126 –

70.77.241 Definitions

70.77.255 Acts prohibited without appropriate licenses and permits

70.77.410 Public displays not to be hazardous

70.77.485 Unlawful possession of fireworks—Penalties

70.77.488 Unlawful discharge or use of fireworks

70.77.510 Unlawful sales or transfers of display fireworks—Penalty

70.77.515 Unlawful sales or transfers of consumer 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

(Ord. 2007-42 § 1, 2007: Ord. 2002-22 § 1, 2002: Ord. 2001-09 § 2, 2001; Ord. 84-25 § 1, 1984)

8.20.020 Permit—Required.

A. No person shall do any of the following acts in the city of Poulsbo without having first obtained and having in full force and effect a valid permit to do so:

1. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail; provided, however, that no permit is required for the possession or use of consumer fireworks lawfully purchased at retail;

2. Make a public display of fireworks; or

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

B. Except as authorized by a permit issued under this chapter, no person may discharge display fireworks at any place.

C. No person less than eighteen years of age may apply for or receive a permit under this chapter. (Ord. 2002-22 § 2, 2002: Ord. 84-25 § 2, 1984)

8.20.030 Permit application—Contents.

A. Any person desiring to do any act set forth in Section 8.20.020 shall first make written application for a permit to the fire chief. 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.

B. The application shall be in such form as the fire chief 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 eighteen years of age;

3. A statement as to whether the applicant possesses a license issued by the Washington State Patrol, acting through the director of fire protection, to do the act for which the permit is sought, and the current status of the license;

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

5. Such other information as the fire chief may require in order to make the investigation and report required by Section 8.20.070. (Ord. 2002-22 § 3, 2002; Ord. 84-25 § 3(A), 1984)

8.20.040 Permit application—Fee—Bond.

A. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee as set forth in Section 3.12.040(M). The city council finds that this charge is necessary to cover the legitimate administrative costs for permit processing and inspection.

B. The applicant shall post a cash bond pursuant to Section 3.12.040(M) which cash bond shall be conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site by the tenth day of July of each year for the Fourth of July holiday or the fifth day of January of the following year for the New Year’s Eve celebration. Failure to remove the temporary stand and clean up all debris from the site within the required time frame shall cause the bond to be forfeited to the city of Poulsbo. (Ord. 2003-16 § 23, 2003: Ord. 84-25 § 3(B), 1984)

8.20.050 Permit application—Insurance.

A. All applications for permits pursuant to this chapter shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive liability insurance policy with the following minimum coverage limits:

1. For bodily injuries: Not less than five hundred thousand dollars per person and two million dollars per event; and

2. For property damage: Not less than five hundred thousand dollars per event.

B. The general liability policy required by this section shall name the city of Poulsbo as an additional insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without thirty days’ written notice to the city. The policy shall be in a form approved by the city attorney. (Ord. 2002-22 § 4, 2002: Ord. 84-25 § 3(C), 1984)

8.20.060 Permit application—Filing time.

Applications for public display of fireworks shall be made in writing at least ten days in advance of the proposed display. (Ord. 84-25 § 3(D), 1984)

8.20.070 Permit application—Investigation report.

It shall be the duty of the fire chief 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 fire chief 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. (Ord. 84-25 § 4, 1984)

8.20.080 Permit—State-issued license required.

No permit shall be issued unless the person applying therefor has first obtained and has 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. (Ord. 84-25 § 6, 1984)

8.20.090 Permit—Issuance decision.

The fire chief 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. (Ord. 84-25 § 5, 1984)

8.20.100 Public display—Permit—Nontransferable.

A. 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.

B. No such permit granted shall be transferable. (Ord. 84-25 § 7, 1984)

8.20.110 Public display—Supervision.

Every public display of fireworks shall be handled or supervised by a pyrotechnic operator approved by the fire chief. (Ord. 84-25 § 8, 1984)

8.20.130 Sale—Fixed place of business required.

No person shall sell consumer 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. 2002-22 § 5, 2002: Ord. 84-25 § 11, 1984)

8.20.140 Permit—Scope.

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. (Ord. 84-25 § 9, 1984)

8.20.150 Sale—Stands—Time limitation.

All sales of consumer fireworks shall be from temporary stands. Temporary stands for sales to occur during the authorized retail sales period from June 28th to July 5th of any year shall not be erected prior to the eighteenth of June of that year and shall be removed or torn down not later than the tenth of July of that year. Temporary stands for sales to occur during the authorized sales period from December 27th to December 31st of any year shall not be erected prior to seventeenth of December of that year and shall be removed or torn down not later than the fifth of January of the following year. (Ord. 2002-22 § 6, 2002: Ord. 84-25 § 12, 1984)

8.20.160 Sale—Stands—Standards.

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:

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 fifty feet of any other building or structure, nor within one-quarter of one mile 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, at least two full buckets of water and/or a fire extinguisher duly approved in advance by the fire chief.

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 twenty 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 fire chief.

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 fire chief, to avoid impeding continuous flow of traffic at entrances and exits from the premises.

J. Each fireworks stand shall post prominently a list of fireworks that may be sold to the public. (Ord. 84-25 § 13, 1984)

8.20.170 Storage facility requirements.

It shall be unlawful for any person to store permanently stocks of fireworks remaining unsold after the lawful period of sale as provided in the person’s permit except in such places of permanent storage as the permit approves. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from nine a.m. on June 28th to twelve noon on July 5th shall be returned on or before July 31st of the same year, or remaining after the authorized retail sales period from twelve noon on December 27th to eleven p.m. on December 31st shall be returned on or before January 10th of the subsequent year, to the approved permanent storage facilities of a licensed fireworks wholesaler or to a magazine or permanent storage facility approved by the fire chief. Upon receiving a written application at least ten days prior to the date of proposed storage, the fire chief 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 fire chief may grant or deny an application for storage or to subject the same to such reasonable conditions, if any, as he/she shall prescribe. (Ord. 2002-22 § 7, 2002: Ord. 84-25 § 15, 1984)

8.20.180 Fire nuisance 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. (Ord. 84-25 § 14, 1984)

8.20.190 Special—Sale or transfer restricted.

No person shall sell or transfer any special fireworks to any person who is not a fireworks permittee as provided in this chapter. (Ord. 84-25 § 17, 1984)

8.20.200 Permit revocation or suspension—Authority.

The fire chief may at any time suspend or revoke any permit issued under the provisions of this chapter, if the permittee has:

A. Violated any of the provisions of this chapter, or any of his servants, agents or employees has done so;

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

C. Failed to obtain or has had any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW, or this chapter, to be done without a license, suspended or revoked;

D. Had any insurance coverage required by this chapter cancelled, revoked or lapsed. (Ord. 84-25 § 21(A), 1984)

8.20.210 Permit revocation or suspension—Notice.

When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this chapter, the fire chief shall notify 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. (Ord. 84-25 § 21(B), 1984)

8.20.220 Permit revocation or suspension—Appeal.

The decision of the fire chief 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 fire chief to the Kitsap County superior court by filing such appeal within ten days of the date of the final decision of the fire chief. This shall be the exclusive remedy of any permittee under this chapter. (Ord. 84-25 § 21(C), 1984)

8.20.230 Exceptions—Signals—Illumination.

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. (Ord. 84-25 § 20, 1984)

8.20.240 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. (Ord. 84-25 § 18, 1984)

8.20.250 Special effects permitted.

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 Poulsbo to purchase, possess, transport or use such fireworks. (Ord. 84-25 § 19, 1984)

8.20.260 Reckless discharge prohibited.

It is unlawful for any person to discharge or use 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. (Ord. 84-25 § 22, 1984)

8.20.265 Hours of sale and discharge of fireworks.

A. No fireworks shall be sold, offered for sale, or exposed for sale at any time within the city except as follows:

1. Between the hours of twelve noon and eleven p.m. on June 28th of each year;

2. Between the hours of nine a.m. and eleven p.m. on each day from June 29th through July 4th of each year;

3. Between the hours of nine a.m. and nine p.m. on July 5th of each year; and

4. Between the hours of twelve noon to eleven p.m. on December 27th through December 31st of each year.

B. No person shall ignite, explode, use, burn, or discharge any fireworks at any time within the city except:

1. Between the hours of eleven a.m. and eleven p.m. on July 4th of each year;

C. The prohibition set forth in subsection B of this section shall not apply to public displays of fireworks that have been approved as provided in this section. The city council may approve a public display of fireworks on dates and at times not otherwise allowed under this section if all of the following conditions are met:

1. The public display of fireworks is to be conducted in conjunction with a recognized community festival, such as Viking Fest or a similar event, or the public display is to be conducted in order to recognize an event of historic, cultural, or community significance to the city of Poulsbo; and

2. Impacts to persons and properties in the vicinity from traffic, noise, and other deleterious effects have been adequately mitigated; and

3. A public display permit as required by this chapter has been applied for and approved, and the conditions of such permit have been or will be complied with.

D. Any person violating any of the regulations contained in this section shall be punished as provided in Sections 8.20.280 and 8.20.290 of the Poulsbo Municipal Code. (Ord. 2023-02 § 1, 2023; Ord. 2005-19 § 1, 2005; Ord. 2002-22 § 8, 2002: Ord. 2001-09 § 1, 2001; Ord. 95-15 § 1, 1995)

8.20.270 Possession prohibition.

The possession of any class or kind of fireworks in violation of the provisions of this chapter is prohibited. (Ord. 84-25 § 16, 1984)

8.20.275 Extreme fire danger.*

During periods of extreme fire danger, as determined by the fire chief or the fire chief’s designee, the fire chief or the fire chief’s designee may prohibit the discharge of any or all fireworks within the city limits. At a minimum, the Kitsap County fire marshal’s burn ban, based upon fuel moisture measurements, must be declared and in place prior to this determination. (Ord. 2016-02 § 1, 2016)

* Code reviser’s note: Section 3 of Ord. 2016-02 provides: “Effective Date. Pursuant to RCW 70.77.250(4) this ordinance shall take effect one year after adoption and publication of the attached summary, which is hereby approved. If RCW 70.77.250(4) is amended to allow for an earlier effective date, the effective date will be as soon as possible under state law.” Ord. 2016-02 is therefore effective February 12, 2017.

8.20.280 Violation—Penalty.

A. Unless specifically designated otherwise, or is specified to be enforced pursuant to other law, including, but not limited to, other chapters or titles of this code, any violation of this chapter is a misdemeanor.

B. Such penalty is in addition to any other remedies or penalties specifically provided by law. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense.

C. Failure to respond or appear fees for Poulsbo Municipal Code violations in this chapter will be assessed a failure to respond or appear fee at the rate set in RCW 46.63.110(4), as now enacted or hereinafter amended, which is hereby adopted by reference as if fully set forth herein.

D. If a time pay agreement is requested, a fee of not to exceed ten dollars per charge or twenty-five dollars per payment plan may be imposed. (Ord. 2007-42 § 2, 2007: Ord. 97-33 § 2, 1997: Ord. 84-25 § 23, 1984)

8.20.290 Violation—Separate offense for each day.

A person commits a separate offense for each day during which he commits, continues or permits a violation of any provision of this chapter. (Ord. 84-25 § 24, 1984)