Chapter 8.10
FIREWORKS
(Effective September 19, 2024)
Sections:
8.10.010 Definitions – Delegation of authority.
8.10.020 Sale, use and discharge of fireworks unlawful.
8.10.050 Issuance – Nontransferable – Voiding.
8.10.010 Definitions – Delegation of authority.
Definitions of terms used in this chapter shall be as set forth in Chapter 70.77 RCW and Chapter 212-17 WAC except as expressly provided herein.
A. Delegation of Authority. Pursuant to RCW 70.77.270, the city council hereby designates the East Pierce Fire and Rescue fire chief, or his or her designee, as the person with authority to issue, condition, deny and/or revoke permits pursuant to this chapter, and to enforce the provisions hereof.
B. Local Fire Official Defined. The terms “local fire official” or “fire chief” as used in this chapter shall mean the chief of East Pierce Fire and Rescue or his or her designee. (Ord. 23-649 § 1 (Exh. A)).
8.10.020 Sale, use and discharge of fireworks unlawful.
It is unlawful for any person to sell, use, transfer, discharge, ignite or explode any fireworks within the city of Edgewood; provided, that this prohibition shall not apply to the following activities, when authorized by a state license and city permit:
A. Duly authorized public displays, as provided in RCW 70.77.260; and
B. Duly authorized use by religious organizations or private organizations or persons for religious or other specific purposes on an approved date and in an approved location, as provided in RCW 70.77.311(2); and
C. Special effects for entertainment media pursuant to RCW 70.77.535. (Ord. 23-649 § 1 (Exh. A)).
8.10.030 Public display.
Public display of fireworks shall be in accordance with Chapter 70.77 RCW and Chapter 212-17 WAC and the following:
A permit will be required for all public displays of fireworks. Any person desiring to put on a public display of fireworks shall apply in writing to the mayor for a permit at least 30 days in advance of the proposed display. The applicant shall submit information and evidence concerning the following:
A. The name of the organization sponsoring the display, if other than the applicant;
B. The date the display is to be held;
C. The exact location for the display;
D. Permit Fee (Effective until June 29, 2024.) The name and license number of the pyrotechnic operator who is to supervise discharge of the fireworks, and the name of at least one experienced assistant;
E. The number of set pieces, shells (specify single or multiple break), and other items;
F. The manner and place of storage of such fireworks prior to the display;
G. A diagram of the ground on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways and other lines of communication, the lines behind which the audience will be restrained, and the location of all nearby trees, telegraph or telephone lines, or other overhead obstruction;
H. Applicant shall procure and maintain public liability insurance with limits of not less than $1,000,000 for bodily injury to any one person in one accident or occurrence; $2,000,000 for bodily injury to two or more persons in any one accident or occurrence; and $500,000 property damage; or, at the option of the applicant, a combined single limit of $2,000,000 per occurrence. The insurance policy shall name the city as an additional assured and shall contain a provision that it will not be cancelled or reduced without 30 days’ advance written notice to the city. The applicant shall also procure a State Fire Marshal’s general license for the public display of fireworks;
I. The fee for each permit for public display of fireworks shall be as specified in the city’s fee schedule. (Ord. 23-652 § 17 (Exh. A); Ord. 23-649 § 1 (Exh. A)).
8.10.040 Inspection.
After the discharge site has been completely set up, and prior to the display, the discharge site shall by inspected and approved by the fire chief. (Ord. 23-649 § 1 (Exh. A)).
8.10.050 Issuance – Nontransferable – Voiding.
Each public display permit issued pursuant to this chapter shall be valid for the specific authorized public display event only, 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 granted in addition to all other sanctions provided in this code. (Ord. 23-649 § 1 (Exh. A)).
8.10.060 Penalties.
A. Any person violating any of the provisions of this chapter shall be guilty of a civil infraction and shall be assessed a civil penalty of $250.00 for each and every day of violation. Any violation of this chapter which also constitutes a violation of state law shall also be punishable in accordance with any and all applicable state law penalties, including without limitation the provisions of Chapter 70.77 RCW.
B. A person is guilty of a separate offense for each separate and distinct violation of any provisions of this chapter, and a person is guilty of a separate offense for each day during which he/she commits or allows to continue any violation of the provisions of this chapter.
C. Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this chapter or of Chapter 70.77 RCW shall be subject to seizure by any police officer or by the city’s fire marshal or his designee to the extent permitted by law. (Ord. 23-649 § 1 (Exh. A)).