CHAPTER 9.20
CRIMES AGAINST PUBLIC SAFETY

Sections:

9.20.010    Abandoned iceboxes

9.20.020    Fireworks--Definitions

9.20.030    Sales, possession and discharge of fireworks

9.20.040    Fireworks permits

9.20.042    Fireworks--Unlawful sales

9.20.044    Fireworks--Unlawful transfer

9.20.046    Fireworks--Unlawful possession or discharge

9.20.048    Repealed

9.20.050    Repealed

9.20.010 Abandoned iceboxes.

A person is guilty of a misdemeanor if he discards, abandons or leaves in any place accessible to children, any refrigerator, icebox, deep-freeze locker or other like container having a capacity of one and one-half cubic feet or more, unless all doors thereon may be readily opened from the inside thereof or have been removed therefrom and unless all locks or locking devices have been removed therefrom. (Ord. 499 §2 (part), 1978).

9.20.020 Fireworks--Definitions.

The following definitions shall apply to LMC 9.20.030 through 9.20.046.

A.    “Consumer 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 not included within the definition of display fireworks or small firework devices, as set forth in this section.

B.    “Display fireworks” means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than 2 grams (130mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as “consumer fireworks” and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002, and including fused setpieces containing components which exceed 50 mg. of salute powder.

C.    “Small firework devices” means those devices commonly referred to as trick and novelty devices, including such items as snakes, glowworms, trick noise makers, party poppers, snappers or pop-its, paper caps containing not more than 25/100 grams of explosive compound for each cap, trick matches or similar devices. Such term also includes combustibles used in auto burglar alarms. (Ord. 1254 §2; Ord. 1254 §1 Repealed, 2005; Ord. 1204 §1, 2003; Ord. 909 §2, 1991).

9.20.030 Sales, possession and discharge of fireworks.

A.    Small firework devices may be sold and used at all times.

B.    Consumer fireworks shall not be sold or discharged in the city.

C.    The sale, use and possession of display fireworks or any other fireworks not described in LMC 9.20.030(A) and 9.20.030(B) shall be unlawful unless sold, possessed or used in accordance with the provisions of Chapter 70.77 RCW. (Ord. 1254 §3, 2005; Ord. 1204 §2, 2003; Ord. 1184 §1, 2002; Ord. 958 §1, 1993; Ord. 909 §3, 1991).

9.20.040 Fireworks permits.

Any person, firm or corporation intending to sell, possess or discharge display fireworks within the city, shall be required as a condition of such sale, possession or discharge, to secure from the city finance director a permit for such activities. The fee for such permits shall be effective for the full calendar year in which the permit is secured. The city finance director is directed to issue such permits only if the applicant is in compliance with the terms of this chapter and Chapter 70.77 RCW upon application and payment of the permit fee.(Ord. 1254 §4, 2005; Ord. 909 §4, 1991).

9.20.042 Fireworks--Unlawful sales.

Any person, firm or corporation selling consumer fireworks in the city at any time shall be guilty of a misdemeanor. (Ord. 1254 §5, 2005; Ord. 1204 §3, 2003; Ord. 909 §5, 1991).

9.20.044 Fireworks--Unlawful transfer.

Any person who knowingly sells, transfers or agrees to sell or transfer within the city any display fireworks to any person who is not a fireworks licensee as provided for in Chapter 70.77 RCW shall be guilty of a gross misdemeanor. (Ord. 1204 §4, 2003; Ord. 909 §6, 1991).

9.20.046 Fireworks--Unlawful possession or discharge.

It shall be unlawful for any person, within the city of Lacey to:

A.    Possess display fireworks which are not authorized to be in the possession of a licensee pursuant to Chapter 70.77 RCW. Possession of less than one pound of said unauthorized display fireworks, exclusive of external packaging, shall constitute a misdemeanor and possession of one pound or more of said non-authorized display fireworks, exclusive of external packaging, shall constitute a gross misdemeanor. For purposes of this subsection, the term “external packaging” means any materials that are not an integral part of the operative unit of the fireworks.

B.    Discharge consumer fireworks in the city. Violation of this subsection shall constitute an infraction. The penalty and bail amounts for such infraction shall be as set forth by Court Rule pursuant to Rule 6.2 of the Infraction Rules for Courts of Limited Jurisdiction.

C.    Discharge or otherwise use any fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. A violation of this section shall constitute a gross misdemeanor.

D.    To allow rubbish to accumulate in any premises in which fireworks are stored or sold or to permit a fire nuisance to exist on such premises. A violation of this subsection shall constitute a misdemeanor. (Ord. 1311 §1, 2008; Ord. 1254 §6, 2005; Ord. 1204 §5, 2003; Ord. 958 §2, 1993; Ord. 909 §7, 1991).

9.20.048 Repealed.

(Ord. 1254 §1, 2005; Ord. 1204 §6, 2003; Ord. 909 §8, 1991).

9.20.050 Repealed.

(Ord. 1480 §1, 2015: Ord. 968 §11, 1993; Ord. 499 §2 (part), 1978).