Chapter 8.14
FIREWORKS
Sections:
8.14.010 Adoption by reference and purpose.
8.14.040 Consumer fireworks—When discharge permitted.
8.14.050 Consumer fireworks—When sale permitted.
8.14.060 Retail sale of consumer fireworks.
8.14.070 Retail sale of consumer fireworks—Signage.
8.14.080 Approved storage facilities required.
8.14.090 Consumer fireworks—Where discharge is prohibited.
8.14.110 Public display of fireworks.
8.14.130 Supervision of a public display.
8.14.140 Public display permit—Granted for exclusive purpose—Nontransferable.
8.14.150 Revocation or suspension of permit.
8.14.160 Public display of fireworks—Additional provisions.
8.14.170 Exclusions from this chapter.
8.14.010 Adoption by reference and purpose.
Chapter 70.77 RCW and Chapter 212-17 WAC, hereinafter referred to as the “state fireworks law,” as they now exist or may be hereafter amended, are adopted by this reference. The purpose of this chapter is to implement and supplement the state fireworks law. The provisions of this chapter shall be construed and applied in accordance with the definitions, requirements and prohibitions of the state fireworks law and all rules and regulations issued pursuant to the state fireworks law. In the event of a conflict between any of the provisions of the state fireworks law and this chapter, the stricter version shall apply. (Ord. 681 § 1 (part), 2016)
8.14.020 Local fire official.
The current fire chief for Okanogan County Fire District No. 6 is designated as the local fire official for Winthrop, hereinafter “fire official,” pursuant to the state fireworks law. (Ord. 681 § 1 (part), 2016)
8.14.030 Fireworks unlawful.
Unless permitted pursuant to this chapter, it is unlawful for any person, firm or corporation within the municipal limits of Winthrop to possess or sell fireworks wholesale or retail for any use, to discharge fireworks at any place or to make a public display of fireworks. (Ord. 681 § 1 (part), 2016)
8.14.040 Consumer fireworks—When discharge permitted.
No person shall discharge or otherwise use any consumer fireworks within the municipal limits of Winthrop, except from six p.m. on the thirty-first day of December until one a.m. on January first of the subsequent year. (Ord. 681 § 1 (part), 2016)
8.14.050 Consumer fireworks—When sale permitted.
No consumer fireworks shall be sold or offered for sale at retail, except from noon to eleven p.m. on each day from the twenty-seventh day of December through the thirty-first day of December of each year. (Ord. 681 § 1 (part), 2016)
8.14.060 Retail sale of consumer fireworks.
The retail sale of consumer fireworks shall conform to the state fireworks law. Permanent buildings and temporary stands used for the retail sale of consumer fireworks shall be located only where commercial activity is authorized under the Winthrop zoning code. (Ord. 681 § 1 (part), 2016)
8.14.070 Retail sale of consumer fireworks—Signage.
In addition to all other signage requirements of the state fireworks law, signs shall be conspicuously posted at each location where consumer fireworks are sold that reads as follows:
ONLY CONSUMER FIREWORKS THAT ARE SOLD AT THIS LOCATION MAY BE DISCHARGED IN THE TOWN OF WINTHROP.
DISCHARGE OF FIREWORKS IS PERMITTED ONLY BETWEEN THE HOURS OF 6:00 P.M. ON DECEMBER 31 AND 1:00 A.M. ON JANUARY 1 OF THE SUBSEQUENT YEAR.
(Ord. 681 § 1 (part), 2016)
8.14.080 Approved storage facilities required.
Fireworks storage locations and facilities shall conform to the state fireworks law. Consumer fireworks remaining unsold after the lawful period of retail sales as provided in Section 8.14.050 shall be removed within two days to an approved storage facility. (Ord. 681 § 1 (part), 2016)
8.14.090 Consumer fireworks—Where discharge is prohibited.
The discharge of consumer fireworks is prohibited in the following locations:
A. In or upon any publicly owned property; provided, that the publicly owned property may issue authorizations for discharge of consumer fireworks on such terms and conditions as shall be deemed necessary to protect the public, public property and private property;
B. Within or from any structure, vehicle or vessel. (Ord. 681 § 1 (part), 2016)
8.14.110 Public display of fireworks.
A. A public display of fireworks may be authorized by state license and permit granted pursuant to this chapter and the state fireworks law. Any person desiring to obtain a permit for a public fireworks display shall first have obtained and have in full force and effect a valid license issued by the State Fire Marshal pursuant to the state fireworks law to do the particular act or acts for which the permit is sought.
B. Any person, firm or corporation desiring to have a public fireworks display shall make written application for a permit to the fire official. The application for a permit shall be signed by the applicant. On applications made by an entity, the application shall be signed by the authorized person for such entity.
C. The application shall be in such form as the fire official shall require and shall include, at a minimum, the following information:
1. Name, address and telephone number of the applicant;
2. Statement by the applicant that he or she is over the age of eighteen (18) years;
3. Statement as to whether the applicant possesses a license issued by the State Fire Marshal to do the act for which the permit is sought, and the current status of said license;
4. Proposed location at which the applicant intends to perform the act for which the permit is sought;
5. Such other information as the fire official may require in order to make an investigation or report required by this chapter.
D. All applications for permits pursuant hereto may be required to be accompanied by a nonrefundable permit fee, to cover the administrative costs for processing and inspection, in an amount that shall be set by the town council by resolution.
E. All applications for a public display permit shall be accompanied by either:
1. A certificate of insurance as evidence that the applicant carries a comprehensive general liability insurance policy with minimum coverage of one million dollars ($1,000,000) for bodily injury liability for such person and event, and not less than twenty-five thousand dollars ($25,000) for property damage liability for each event. Such general liability policy shall name Winthrop as an additional named insured, and must be in full force and effect for the duration of the permit, and shall include the provision prohibiting cancellation of said policy without thirty (30) days’ written notice to Winthrop; or
2. A surety bond in an amount of fifty thousand dollars ($50,000) issued by an authorized surety company. Such bond shall be conditioned upon the applicant’s payment of all damages to persons or property resulting from or caused by such public display of fireworks, or any negligence on the part of the applicant or its agents, servants, employees, or subcontractors in the presentation of the display.
F. Applications for public display of fireworks shall be made in writing at least forty-five (45) days in advance of the proposed display. (Ord. 681 § 1 (part), 2016)
8.14.120 Permit—Conditions.
Upon receipt of a completed application for a public display permit which conforms to the requirements set forth in Section 8.14.110, the fire official shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. In addition, consideration shall be given to the following:
A. Whether the activity will be in compliance with all applicable zoning, building, fire and other ordinances and regulations;
B. Danger of fire or explosion associated with the place designated in the application;
C. Adequacy of fire extinguishing equipment to be kept available at such place;
D. Experience and training of the applicant relevant to safety of the activity;
E. Compatibility of use with surrounding land uses, and other uses which might be disrupted by the activity; or
F. Considerations by any standards established by this chapter.
Based on the investigation, the fire official shall submit a report of findings and a recommendation for or against the issuance of a permit, together with reasons, to the town council. The town council shall grant the permit authorized pursuant to this chapter, or may subject the issuance of a permit to such reasonable conditions as the fire official reasonably finds are necessary for the protection of the public health, safety or welfare. The town council shall deny any application which contains a material misrepresentation or if the fire official finds that the public health, safety or welfare would be adversely affected by granting the permit. (Ord. 681 § 1 (part), 2016)
8.14.130 Supervision of a public display.
Every public display of fireworks shall be handled or supervised by a pyrotechnic operator approved by the fire official and licensed by the State Fire Marshal. (Ord. 681 § 1 (part), 2016)
8.14.140 Public display permit—Granted for exclusive purpose—Nontransferable.
If a permit for public display of fireworks is granted, the use of fireworks for the public display is lawful for that purpose only. No such permit shall be transferable. (Ord. 681 § 1 (part), 2016)
8.14.150 Revocation or suspension of permit.
A. Authority. The fire official may, at any time, suspend or revoke any permit issued under the provisions of this chapter, if the permittee has:
1. Violated any of the provisions of this chapter or any permit condition imposed, or if any such violation has been committed by any of their servants, agents or employees;
2. Violated any of the provisions of the state fireworks law;
3. Made any false statement or misrepresentation of fact in connection with obtaining the permit;
4. Failed to obtain or has had suspended or revoked any license required by the state fireworks law or this chapter;
5. Has had any insurance coverage or bond required by this chapter canceled, revoked or lapsed;
6. If any circumstances affecting public safety are discovered which, if known at the time of the application for their permit, would have justified denial of the permit.
B. Effective Date of Revocation. When the fire official determines that there is cause for revoking or suspending any permit issued pursuant to this chapter, the fire official shall notify the person holding such permit in writing of such determination. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective after the permittee has been given reasonable opportunity to respond to the notice and the fire official has considered whether such response merits withdrawal of his determination. The opportunity to respond may be informal. A formal hearing prior to suspension or revocation is not required. When the fire official determines that a significant, imminent threat to public safety is caused by continued operation under the permit and that the circumstances do not allow delay, the permit may be immediately suspended on a temporary opportunity to respond as set forth above. Permanent revocation of a permit shall not be implemented prior to giving a permittee an opportunity to be heard in opposition to such action.
C. Appeal. The decision of the fire official with respect to the revocation or suspension of any permit issued under this chapter shall be appealable to the town council. A written notice of appeal stating specifically the areas which are claimed to justify overturning the action of the fire official shall be filed with the town clerk. The appeal shall be considered at the next regular meeting of the town council following the filing of the notice of appeal, unless the permittee consents to a later hearing. At such meeting, the decision of the fire official shall be upheld unless it is shown that the fire official’s decision was clearly erroneous under the circumstances. Any appeal or request for judicial review of the decision of the town council not filed with the Okanogan County superior court and served on Winthrop within ten (10) days of the council’s decision shall be barred. (Ord. 681 § 1 (part), 2016)
8.14.160 Public display of fireworks—Additional provisions.
In addition to the requirements of the state fireworks law, the following provisions shall apply to the public display of fireworks:
A. All minimum clearances, site dimensions, separation clearances and landing areas shall be subject to review by and approval of the fire official. In the sole discretion of the fire official, the minimum standards of the state fireworks law may be increased to protect the public and property.
B. The applicant shall provide fire protection for the display. The fire official shall determine the level of personnel and equipment necessary. Prior to the public display, if required by Winthrop, the applicant shall pay the full cost of the required personnel and equipment to the Winthrop fire department.
C. The applicant shall provide crowd control for the display. The fire official shall determine the level of crowd control necessary, including the number and placement of crowd control monitors. If local law enforcement is providing crowd control, and if required by Winthrop, the applicant shall pay full cost of the required personnel and equipment to the appropriate law enforcement agency prior to the display.
D. If, in the opinion of the fire official, the town marshal or the pyrotechnic operator, a lack of fire protection, or crowd control poses a danger to the public or property, then the fire official, town marshal or pyrotechnic operator shall immediately suspend the display until the danger is corrected. (Ord. 681 § 1 (part), 2016)
8.14.170 Exclusions from this chapter.
This chapter does not apply to the operation of railways, motor vehicles, vessels or other transportation means for signal purposes or illumination, use of signals at athletic events, operations conducted by law enforcement and the military, and agricultural and wildlife fireworks. (Ord. 681 § 1 (part), 2016)
8.14.180 Penalties.
Each violation of this chapter shall be punished as a civil infraction. The penalty for each infraction shall be two hundred fifty dollars ($250.00), and each offense shall constitute a separate offense. (Ord. 681 § 1 (part), 2016)