Chapter 8.06
FIREWORKS
Sections:
8.06.020 Manufacture and sale of fireworks prohibited.
8.06.030 Fireworks prohibited – Exception for special fireworks.
8.06.040 Implementation of state provisions.
8.06.050 Seizure and forfeiture.
8.06.060 Seizure without process permitted.
8.06.010 Definitions.
The definitions set forth in this section shall apply throughout this chapter:
A. The term “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;
B. The term “common fireworks” means any fireworks designed primarily to produce visual or audible effects by combustion, and includes: ground and hand-held sparkling devices, including items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches and flitter sparklers; and smoke devices;
C. The term “special fireworks” means any fireworks designed primarily for exhibition display by producing visible or audible effects, and includes: fireworks commonly known as bottle-rockets, skyrockets, missile-type rockets, firecrackers, whistling petes, salutes, chasers, ground spinners, wheels; and fireworks not classified as common fireworks. (Ord. 2004-14 § 1, 2004).
8.06.020 Manufacture and sale of fireworks prohibited.
It shall be unlawful for any person, individual, firm, partnership, joint venture, association, concern, corporation, limited liability company, estate, trust, receiver, syndicate or any other group or combination acting as a unit to manufacture or sell or offer for sale within the city any fireworks, including 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. (Ord. 2004-14 § 1, 2004).
8.06.030 Fireworks prohibited – Exception for special fireworks.
The possession, storage, use, discharge or explosion of all fireworks, including common fireworks and special fireworks as defined herein, is prohibited, except special fireworks for which a state permit has been issued pursuant to Chapter 70.77 RCW. Only a person who is duly licensed as required by Chapter 70.77 RCW, the State Fireworks Law, may publicly display special fireworks. (Ord. 2004-14 § 1, 2004).
8.06.040 Implementation of state provisions.
This chapter is intended to implement Chapter 70.77 RCW and shall be construed in connection with said law and any and all rules or regulations issued pursuant thereto. (Ord. 2004-14 § 1, 2004).
8.06.050 Seizure and forfeiture.
Any fireworks prohibited by law shall be subject to seizure and forfeiture and no property rights will exist in them. (Ord. 2004-14 § 1, 2004).
8.06.060 Seizure without process permitted.
Seizure of fireworks without process may be made if the seizure is incident to the discharge of fireworks in a manner or at a time not permitted by this chapter, in the presence of or witnessed by a law enforcement officer; or a law enforcement officer has probable cause to suspect that the seized fireworks were used or intended to be used in violation of this chapter. (Ord. 2004-14 § 1, 2004).
8.06.070 Violation – Penalty.
Failure to perform any act required by this chapter, or the performance of any act prohibited by this chapter, is designated as an infraction and may not be classified as a criminal offense. Any person, firm, or corporation found to have committed an infraction under this chapter shall be assessed a monetary penalty. No penalty may exceed $500.00 for each separate infraction. (Ord. 2004-14 § 1, 2004).