Chapter 8.28FIREWORKS

Sections:

8.28.010
Definitions.
8.28.020
Sale of fireworks unlawful.
8.28.030
Permit required for public display of fireworks.
8.28.040
Discharge or possession of fireworks prohibited.
8.28.050
Permit fee.
8.28.060
Issuance – Nontransferable – Voiding.
8.28.070
Application for public display permit.
8.28.080
Standards for public fireworks displays.
8.28.090
Inspection.
8.28.100
Applicability.
8.28.110
Chapter implements state law.
8.28.120
Enforcement.
8.28.130
Penalty for violations.

2Editor’s note: Ord. 1416, § 1, adopted September 23, 2014, repealed Ch. 8.28, §§ 8.28.010 – 8.28.140 in its entirety. Said section also enacted a new Ch. 8.28, §§ 8.28.010 – 8.28.130 to read as herein set out. Former Ch. 8.28 pertained to similar subject matter and derived from Ord. 578, §§ 1 – 11, 1962; Ord. 1007, §§ 1 – 5, 1994; Ord. 1369, § 1, 6-12-2012.

8.28.010Definitions.

The definitions of Chapter 70.77 RCW as now set forth or as may subsequently be amended shall govern the construction of this chapter, when applicable, and are hereby adopted by this reference.

(Ord. 1416 § 1, 2014)

8.28.020Sale of fireworks unlawful.

It is unlawful for any person to sell any fireworks within the city.

(Ord. 1416 § 1, 2014)

8.28.030Permit required for public display of fireworks.

It is unlawful for any person to hold, conduct, or engage in any public display of fireworks within the city without first having obtained and being the holder of a valid permit under the provisions of this chapter.

(Ord. 1416 § 1, 2014)

8.28.040Discharge or possession of fireworks prohibited.

Except as authorized by a state license and city permit granted pursuant to RCW 70.77.260(2) (application for permit), RCW 70.77.280 (public display permit) or RCW 70.77.311(2) (use by individual or group for religious or other specified purpose on approved date and at approved location), no person shall possess, ignite, explode, or discharge fireworks within the city.

(Ord. 1416 § 1, 2014)

8.28.050Permit fee.

The annual fee for a public display permit for the public display of fireworks shall be $250.00.

(Ord. 1416 § 1, 2014)

8.28.060Issuance – Nontransferable – Voiding.

Each public display permit issued pursuant to this chapter shall be valid only for the specific authorized public display event, 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 in addition to all other sanctions provided in this chapter.

(Ord. 1416 § 1, 2014)

8.28.070Application for public display permit.

Applications for a permit to hold, conduct, or operate a public display of fireworks shall be made to the City of Cle Elum at least thirty days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements in CEMC 8.28.080.

(Ord. 1416 § 1, 2014)

8.28.080Standards for public fireworks displays.

All public fireworks displays shall conform to the following minimum standards and conditions:

1. All public fireworks displays must be planned, organized, and discharged by a state-licensed pyrotechnician;

2. A permit must be obtained from the City of Cle Elum prior to any display of public fireworks. The permit shall include the name of the applicant and his or her address; the name of the pyrotechnician and his or her address; the exact location, date and time of the proposed display; the number, type and class of fireworks to be displayed; the manner in which the fireworks are being stored prior to the public fireworks display; and shall include the name and address of the insurance company providing the bond required pursuant to RCW 70.77.285 (Public display permit – Bond or insurance for liability) or RCW 70.77.295 (Public display permit – Amount of bond or insurance);

3. A drawing shall be submitted to the fire chief showing a plan view of the fireworks discharge site and the surrounding area with a radius that reflects seventy feet for every inch of the largest mortar, and not less than a 500-foot radius. This is required for land and water displays (Ref. UFC 78, Table 7802.3-A and NFPA 1123, Table 3-1.3);

4. A fire pumper and a minimum of three trained firefighters shall be on-site from thirty minutes prior to until thirty minutes after the discharge of any fireworks. All cost for fire personnel and apparatus shall be paid to Cle Elum fire services, in an amount calculated in accordance with the Washington State Fire Chiefs fee schedule, and shall be paid prior to the actual display; provided, however, that some or all of the costs for required fire personnel and apparatus may be waived at the discretion of the fire chief if permittee is a community or charitable organization sponsoring a public event to which no admission is charged;

5. All combustible debris and trash shall be removed from the area of discharge for a distance of 300 feet in all directions by the applicant;

6. All unfired or undischarged fireworks shall be disposed of in a safe manner by the state-licensed pyrotechnician;

7. A minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket shall be required to be at the fireworks discharge site;

8. The permit may be immediately revoked at any time deemed necessary by the fire chief or his or her designee due to any noncompliance with law or permit provisions, weather conditions such as extremely low humidity or wind factor, or other emergency conditions;

9. Areas of public access shall be determined by the fire chief or his or her designee and maintained in an approved manner; and

10. The applicant shall also be responsible for securing any and all required state, county, or City permits for use of locations or facilities.

(Ord. 1416 § 1, 2014)

8.28.090Inspection.

After the discharge site has been completely set up, and prior to the public display, the discharge site shall be inspected and approved by the fire chief or his or her designee.

(Ord. 1416 § 1, 2014)

8.28.100Applicability.

The provisions of this chapter shall apply to the sale and use of all fireworks except “toy caps,” and fireworks that are otherwise exempt pursuant to RCW 70.77.311 as now in effect or as may be subsequently amended.

(Ord. 1416 § 1, 2014)

8.28.110Chapter implements state law.

This chapter is intended to implement Chapter 70.77 RCW, including the one-year delay in implementation set forth in RCW 70.77.250(4), and shall be construed consistent with that statute and any and all rules or regulations issued pursuant thereto.

(Ord. 1416 § 1, 2014)

8.28.120Enforcement.

The fire chief, his or her designee, and city police officers are authorized to enforce all provisions of this chapter and in addition to criminal sanctions or civil remedies, they may revoke any permit issued pursuant to this chapter upon any failure or refusal of the permittee to comply with the orders and directives of the fire chief or his or her designee or duly authorized police officers, and/or to comply with any provisions of this chapter or other laws or regulations.

(Ord. 1416 § 1, 2014)

8.28.130Penalty for violations.

1. Except as set forth below, any person violating or failing to comply with the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided therefor.

2. Except as allowed under CEMC 8.28.040, the possession of fireworks by an individual, group, or organization shall be a civil infraction with a penalty of $500.00 for each violation.

3. Except as allowed under CEMC 8.28.040, the discharge of fireworks by an individual, group, or organization shall be a civil infraction with a penalty of $1,000.00 for each violation.

4. For purposes of this section, the term “individual” means a natural person and excludes any firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.