Chapter 7.15
FIREWORKS
Sections:
7.15.030 Sale, possession and use of fireworks.
7.15.040 Display fireworks and special use.
7.15.070 Seizure of fireworks.
7.15.010 Definitions.
The City, pursuant to RCW 35A.11.020 and 35A.12.140 by and through this reference, hereby incorporates the definitions set forth in Chapter 70.77 RCW, State Fireworks Law, including RCW 70.77.120 through 70.77.241 as now enacted or hereafter amended. These definitions apply to words and terms used in this chapter. (Ord. 66 § 1, 2003).
7.15.020 Intent.
It is the intent of the City of Spokane Valley to continue the prohibition on the use, sale, discharge or explosion of consumer fireworks pursuant to the Spokane County Code Sections 3.17.070 and 3.17.080 which are adopted by reference as if fully set forth herein except as modified by this chapter. (Ord. 66 § 2, 2003).
7.15.030 Sale, possession and use of fireworks.
A. No fireworks shall be sold or offered for sale within the City of Spokane Valley.
B. No person shall ignite, discharge, use or explode any fireworks within the City except as authorized in this chapter.
C. No person under the age of 16 years shall possess any fireworks within the City unless accompanied by an adult. (Ord. 66 § 3, 2003).
7.15.040 Display fireworks and special use.
A. Public display fireworks may be authorized by permit issued by the City pursuant to RCW 70.77.260 including standards, obligations and duties set forth in Chapter 70.77 RCW.
B. Use of fireworks by religious organizations or other specific purposes set forth in RCW 70.77.311(2)(c) and (d) is permitted on an approved date and an approved location pursuant to permit.
C. Use of trick and novelty devices as defined in WAC 212-17-030, as amended, is permitted. (Ord. 66 § 4, 2003).
7.15.050 Permit application.
An application for a public display of fireworks or use identified in SVMC 7.15.040 shall be made to the city manager or designee at least 10 days prior to the commencement of the public display. The form of the application with conditions of approval shall be consistent with forms and conditions used or adopted by the Washington State Patrol through the Director of Fire Protection including administrative regulations found at Chapter 212-17 WAC. Bonding and insurance requirements shall be those which are set forth in Chapter 70.77 RCW, State Fireworks Law, as amended. The city manager or designee is authorized to adopt forms, rules and procedures in order to implement the permit process provided the same are consistent with Washington State law. (Ord. 66 § 5, 2003).
7.15.060 Permit fees.
The City by resolution, consistent with RCW 70.77.555, shall establish permit fees for the public display of fireworks. (Ord. 66 § 6, 2003).
7.15.070 Seizure of fireworks.
Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of this chapter shall be subject to immediate seizure by the City. Proceedings for forfeiture and disposal shall be through RCW 70.77.440, as amended. (Ord. 66 § 7, 2003).
7.15.080 Violation — Penalty.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. A person is deemed to have committed a separate offense for each and every day during which the violation is committed or continues.
In addition, a person violating this chapter is liable for costs and expenses incurred by the City in bringing any civil action, including court costs and reasonable investigative and attorney fees, pursuant to RCW 70.77.549. (Ord. 66 § 8, 2003).