Chapter 9.15
FIREWORKS*
Sections:
*This chapter becomes effective October 30, 1998.
9.15.010 Definitions.
A. “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 classified as common or special fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated as U.N. 0335 1.3G or U.N. 0336 1.4G as of April 17, 1995.
B. “Special fireworks” means any fireworks designed primarily for exhibition display by producing visible or audible effects and classified as such by the United States Bureau of Explosives or in the regulations of the United States Department of Transportation and designated as U.N. 0335 1.3G as of April 17, 1995.
C. “Common fireworks” means any fireworks which are designed primarily for retail sale to the public during prescribed dates and which produce visual or audible effects through combustion and are classified as common fireworks by the United States Bureau of Explosives or in the regulations of the United States Department of Transportation and designated as U.N. 0336 1.4G as of April 17, 1995.
D. “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.
E. “Public display of fireworks” means an entertainment feature where the general public is admitted or permitted to view the display or discharge of special fireworks. [Ord. 141 § 1, 1997]
9.15.020 General provisions.
A. Sale, Possession, Use and Discharge of Fireworks Unlawful. It is unlawful for any person to sell, possess, use, transfer, discharge, ignite or explode any fireworks, including but not limited to common and special fireworks, within Shoreline; provided, that this prohibition shall not apply to the following activities, when authorized by a state license and city permit:
1. Duly authorized public displays as provided herein; and
2. Duly authorized use by religious or private organizations or persons of common fireworks and such audible ground devices as firecrackers, salutes, and chasers if:
a. Purchased from a licensed manufacturer, importer, or wholesaler;
b. For use on prescribed dates and locations;
c. For religious purposes.
B. Exceptions. The sale, possession, or use of the following are exempted from this chapter:
1. “Trick and novelty devices” as defined by WAC 212-17-030; and
2. Special effects (which may be regulated by the Uniform Fire Code). [Ord. 141 § 2, 1997]
9.15.030 Permits.
A. Applications for Permits. Applications for a permit as required by SMC 9.15.020 shall be made to the city of Shoreline development services department a minimum of 30 days in advance of the scheduled event or activity.
B. Authority of Local Fire Official. All permit applications shall be reviewed and inspected by the local fire official. The local fire official may impose reasonable requirements on the permits consistent with WAC Title 212 (Rules of the State Fire Marshall Relating to Fireworks). The local fire official may revoke any fireworks permit(s) for failure to correct a violation of rules or conditions.
C. Application Fees. Consistent with RCW 70.77.311(2)(d), no fee may be charged for these permits.
D. Nontransferability. Each permit issued pursuant to this chapter shall be valid for the specific authorized event only, 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 granted. [Ord. 141 § 3, 1997]
9.15.040 Penalties.
A. Sale or Use of Common Fireworks. The sale, use, transfer, discharge, ignition or otherwise causing to explode of common fireworks in violation of the requirements of this chapter shall be a misdemeanor. Each occurrence shall be a separate violation hereof. The third violation, in any three-month period, shall be a gross misdemeanor.
B. Possession. Any common fireworks held in violation of this chapter shall be subject to confiscation. The person that is found to be in possession of common fireworks in violation of this chapter shall be subject to up to a $50.00 fine. [Ord. 141 § 4, 1997]