Chapter 8.08 FIREWORKS

Chapter 8.08
FIREWORKS¹

Sections:

8.08.020 Prohibiting manufacture, sale and discharge.

8.08.040 Public display employee compensation insurance--Liability insurance.

8.08.010 Definitions.

The words and phrases herein used for the purpose of this chapter shall have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning.

“Agricultural and wildlife fireworks” includes fireworks devices distributed to farmers, ranchers, and growers, through a wildlife management program administered by the United States Department of the Interior.

“Common fireworks” includes any fireworks which are designed primarily for sale at retail to the public during prescribed dates which produce visible or audible effects through combustion and are classified as common fireworks by the U.S. Bureau of Explosives or in the regulations of the U.S. Department of Transportation and designated as U.N. 0336 1.4G.

“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 U.S. Department of Transportation and designated as U.N. 0335 1.3G or U.N. 0336 1.4G.

“Person” includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate or any other group or combination acting as a unit.

“Public display of fireworks” means an entertainment feature where the public is admitted or permitted to view the display or discharge of special fireworks.

“Pyrotechnic operator” includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging public displays of special fireworks.

“Pyrotechnics” 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 a necessary part of a motion picture, radio or television production, theatrical, or opera.

“Sale at retail” includes any sale or transfer, including contracts or orders for sales or transfers, wherein any person at a fixed location or place of business sells, transfers or gives fireworks to a consumer or user.

“Sale at wholesale” includes a sale or transfer to a retailer or any other person for resale, and which also includes any sale or transfer of special fireworks to public display licenses.

“Special fireworks” includes any fireworks designed primarily for exhibition display which produce visible or audible effects and classified as such by the U.S. Bureau of Explosives or in the regulations of the U.S. Department of Transportation and designated as U.N. 0335 1.3G. (Ord. 1013 §1(part), 1996)

8.08.020 Prohibiting manufacturing, sale and discharge.

A. The manufacture of fireworks is prohibited within the city.

B. It is unlawful for any person to possess, store, offer for sale, expose for sale, sell at retail, use, explode, fire or discharge any fireworks within the city. (Ord. 1013 §1(part), 1996)

8.08.030 Permit for public display.

It is unlawful for any person to make a public display of fireworks within the city without having first obtained a permit to do so. Application to make such a display shall be made in writing to the fire chief or his designee on forms provided for that purpose and shall be accompanied by a one hundred dollar fee for each display. The fire chief or his designee shall make an investigation as to whether the display as proposed will be of such character and will be so located that it may be hazardous or dangerous to any person or property, and he shall, in the exercise of reasonable discretion, grant or deny the application, subject to such reasonable conditions, if any, as he may prescribe. Applications for permits for public display of fireworks shall be made at least ten days in advance of the public display. A permit for a public display of fireworks shall not be issued unless the person applying for the permit is a holder of a valid license issued by the State Fire Marshal to make such a display. If a permit for public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit shall be transferable. Every public display of fireworks shall be handled or supervised by a competent and experienced pyrotechnic operator approved by the fire chief or his designee. (Ord. 1013 §1(part), 1996)

8.08.040 Public display employee compensation insurance--Liability insurance.

The applicant for a permit for a public display of fireworks shall, at the time of application, submit his license issued by the State Fire Marshal for inspection. In addition, the applicant shall submit to the fire chief or his designee a certificate of insurance in an amount not less than fifty thousand dollars and one million dollars for each person and event respectively, and not less than twenty-five thousand for property damage liability for each event. Such certificate of insurance shall also name, as additional insured parties, the city of Wapato, its officers and employees acting in their capacity as agents of the city. (Ord. 1013 §1(part), 1996)

8.08.050 Violations--Penalties.

Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a gross misdemeanor and each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of the code is committed, continued, or permitted, and upon conviction of such violation, such person, firm or corporation shall be subject to punishment by a fine of not more than five thousand dollars, or by imprisonment for not more than one year, or both such fine and imprisonment. (Ord. 1146 §1, 2006: Ord. 1013 §1(part), 1996)

Prior ordinance history: Ords. 581 and 990.