Chapter 9.20
FIREWORKS1
Sections:
9.20.030 Possession, sale, transfer and discharge of fireworks unlawful without a permit.
9.20.040 Application for public/private fireworks display.
9.20.050 Standards for public/private fireworks displays.
9.20.060 Special effects for entertainment media.
9.20.070 Acts not prohibited – Signal purposes, forest protection, etc.
9.20.080 Prohibition due to extreme fire danger.
9.20.100 Chapter in connection with state law.
9.20.120 Penalty for violations.
9.20.010 Definitions.
A. “Fireworks” means any composition or device designed to produce a visible or an audible effect by combustion, deflagration or detonation, and which meets the definition of “articles pyrotechnic” as set forth in RCW 70.77.138, or the definition of “consumer fireworks” as set forth in RCW 70.77.136, or the definition of “display fireworks” as set forth in RCW 70.77.131.
B. “Public display” means an entertainment feature where the public is invited, admitted or permitted to view the display or discharge of display fireworks.
C. “Special effects,” pursuant to RCW 70.77.146, means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen in 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.
D. “Display fireworks” means large fireworks designed primarily for display and classified as such by the U.S. Department of Transportation, as further set forth in RCW 70.77.131.
E. “Extreme fire danger” means a period of hot, dry weather accompanied by low fuel moistures. It is during this period that wildland fires can be expected and fire growth will be accelerated. (Ord. 28-2008 § 2; Ord. 14-2000 § 5; Ord. 100-1993. Formerly 15.05.010)
9.20.020 Discharge of legal fireworks – Allowable times.
Repealed by Ord. 28-2008. (Ord. 14-2000 § 5; Ord. 100-1993. Formerly 15.05.020)
9.20.030 Possession, sale, transfer and discharge of fireworks unlawful without a permit.
It is unlawful for any person to possess, sell, offer to sell, use, transfer, discharge or explode any fireworks within the unincorporated areas of San Juan County, except for duly authorized public or private displays for which a permit has been issued under this chapter. (Ord. 28-2008 § 3; Ord. 14-2000 § 5; Ord. 100-1993. Formerly 15.05.030)
9.20.040 Application for public/private fireworks display.
Applications for a permit to hold, conduct or operate a public/private display of fireworks other than on July 4th shall be made to the San Juan County fire marshal at least 10 days prior to the scheduled event. Applicants shall meet all qualifications and permit requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public display per Chapter 70.77 RCW. Applicant shall provide a copy of any approved public display permit to the local fire department at least seven days prior to the public fireworks display event. (Ord. 14-2000 § 5; Ord. 100-1993. Formerly 15.05.040)
9.20.050 Standards for public/private fireworks displays.
All public/private fireworks displays shall conform to the following minimum standards and conditions:
A. All public/private fireworks displays must be planned, organized and discharged by a state of Washington licensed pyro-technician.
B. A permit must be obtained from the County and approved by the fire marshal or designee per SJCC 9.20.040 prior to any public/private display of fireworks. The permit shall include the name of the applicant; the applicant’s address; the exact location, date and time of the proposed display; the number, type and class of fireworks to be displayed; the manner in which the fireworks are being stored prior to the display; and shall include the name and address of the insurance company providing the bond required and a photocopy of the policy per Chapter 70.77 RCW and SJCC 9.20.040.
C. A drawing shall be submitted to the fire marshal showing a plan view of the fireworks discharge site and the surrounding area within a 300-foot radius. The drawing shall include all structures, fences, barricades, streets, fields, streams and any other significant factors that may be subjected to ignition or that may inhibit firefighting capabilities.
D. When, at the discretion of the fire marshal or fire chief having jurisdiction, such requirement is necessary to preserve the public health, safety and welfare, the permit may require that a fire department pumper and a minimum of four trained fire-fighters shall be on site 30 minutes prior to and after the shooting of the event.
E. All combustible debris and trash shall be removed from the area of discharge for a distance of 300 feet in all directions.
F. All unfired or “dud” fireworks shall be disposed of in a safe manner.
G. A minimum of 20 gallons of water available for firefighting and one fire blanket shall be required to be at the fireworks discharge site.
H. The permit may be immediately revoked at any time deemed necessary by the fire marshal, fire chief, or designee due to any noncompliance, weather conditions, and/or period of extreme fire danger. The display may also be canceled by accidental ignition of any form of combustible or flammable material in the vicinity due to falling debris from the display.
I. Areas of public access shall be determined by the fire marshal or designee and maintained in an approved manner. (Ord. 14-2000 § 5; Ord. 100-1993. Formerly 15.05.050)
9.20.060 Special effects for entertainment media.
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 County to purchase, possess, transport or use such fireworks, and meets the requirements of SJCC 9.20.050(A) through (D). (Ord. 14-2000 § 5; Ord. 100-1993. Formerly 15.05.060)
9.20.070 Acts not prohibited – Signal purposes, forest protection, etc.
This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, motor or sail vessels, or other transportation agencies for signal purposes or illumination or for use in forest protection activities or those uses described in RCW 70.77.311. (Ord. 14-2000 § 5; Ord. 100-1993. Formerly 15.05.070)
9.20.080 Prohibition due to extreme fire danger.
During periods of extreme fire danger, the County fire marshal may prohibit the discharge of all fireworks. This decision will be based on consultation with the representatives of the fire districts/departments of the County. (Ord. 14-2000 § 5; Ord. 100-1993. Formerly 15.05.080)
9.20.090 Applicability.
The provisions of this chapter shall be applicable to the sale and use of all fireworks except 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 consumer fireworks. (Ord. 28-2008 § 4; Ord. 14-2000 § 5; Ord. 100-1993. Formerly 15.05.090)
9.20.100 Chapter in connection with state law.
This chapter is intended to augment Chapter 70.77 RCW, and shall be construed in connection with that law and any and all rules or regulations issued pursuant thereto. This chapter shall take effect June 29, 1994. (Ord. 14-2000 § 5; Ord. 100-1993. Formerly 15.05.100)
9.20.110 Enforcement.
The County sheriff, or his designee, is authorized to enforce all provisions of this chapter and, in addition to criminal sanctions or civil remedies, he may revoke any permit issued pursuant to this chapter upon any failure or refusal of the permittee to comply with the orders and directives of the marshal or designee. (Ord. 14-2000 § 5; Ord. 100-1993. Formerly 15.05.110)
9.20.120 Penalty for violations.
Any person violating or failing to comply with any provisions of this chapter is guilty of an infraction and subject to a fine of up to $250.00. (Ord. 14-2000 § 5; Ord. 100-1993. Formerly 15.05.120)
Ordinance 28-2008 amends Chapter 9.20 SJCC. A referendum was filed on Ordinance 28-2008 and the ordinance was approved by the voters on November 2, 2010. Pursuant to RCW 70.77.250(4) and Section 7 of Ordinance 28-2008, the ordinance becomes effective one year after adoption. The November 2, 2010, vote was certified on November 23, 2010, which is regarded as the date of adoption. Therefore, Ordinance 28-2008 is effective as of November 23, 2011.