Chapter 8.24
FIREWORKS

Sections:

8.24.010    Purpose.

8.24.020    Retail fireworks sales—Permit required.

8.24.030    Application for annual retail fireworks sales permit.

8.24.040    Investigation and granting of retail fireworks sales permits.

8.24.050    License from State Patrol Fire Protection Bureau required.

8.24.060    Sales—Limited to temporary stands.

8.24.070    Fireworks—Time of sale and use.

8.24.080    Public display of fireworks—Permit required.

8.24.090    Application for public display of fireworks permit.

8.24.100    Investigation and granting of public display permits.

8.24.110    Violation—Penalties.

8.24.120    Seizure of fireworks.

8.24.130    Suspension, denial or revocation of permit.

8.24.140    Prohibition due to extreme fire danger.

8.24.010 Purpose.

The purpose of this chapter is to supplement the State Fireworks Law, Chapter 70.77 RCW. The provisions of this chapter shall be construed and applied in accordance with the definitions, requirements and prohibitions of said state law and all rules and regulations issued by the Chief of the Washington State Patrol pursuant thereto.

(Ord. No. 569, § 2, 7-2-15).

8.24.020 Retail fireworks sales—Permit required.

It is unlawful for any person, firm, partnership, corporation, association or other entity to engage in the retail sale of fireworks, or in any other activity for which a city permit is required under RCW 70.77.255, within the city without first obtaining the appropriate permit from the city.

(Ord. No. 569, § 2, 7-2-15).

8.24.030 Application for annual retail fireworks sales permit.

Applications which are incomplete or submitted late will not be processed. No person less than eighteen years of age may apply for or be issued a permit under this chapter. An application for an annual retail fireworks sales permit shall be made on forms prescribed by the city and shall:

A. Be signed by an officer of the corporation, association or other entity who will operate the stand and be submitted to the office of the finance director no later than May 1st of the year for which the permit is desired; and

B. Contain the street address and telephone number where any fireworks stock will be stored if not left in the stand, including the name of the person(s) responsible for each storage location; and

C. Set forth the exact location of the fireworks stand for which application is made; and

D. Include a certificate of insurance with the city and the applicant as named insured. Policy limits shall be not less than one million dollars combined single limit for bodily injury and property damage per occurrence, unless such insurance is not readily available from at least three approved insurance companies. If insurance in this amount is not offered, each fireworks permit shall be covered by a liability insurance policy in the maximum amount offered by at least three different approved insurance companies; and

E. Be accompanied by a permit fee of one hundred dollars for each retail sales outlet per selling season. The selling seasons are June 28th through July 5th and December 27th through December 31st. In addition, a detailed construction plan of each proposed stand and plot plan shall be submitted with the application, showing parking configurations and traffic lanes, and proposed barricaded or roped-off areas; and

F. Contain an affirmation by the applicant that the applicant shall familiarize all persons working in its retail fireworks stand(s) with the provisions of Chapter 212-17 WAC; and

G. Be accompanied by a permission letter signed by the property owner, or owner’s authorized representative, authorizing the applicant’s use of the property for retail fireworks sales.

(Ord. No. 569, § 2, 7-2-15).

8.24.040 Investigation and granting of retail fireworks sales permits.

Upon receiving an application for a retail fireworks sales permit authorized under RCW 70.77.260(1), the fire chief shall investigate the application and submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the mayor who shall forward a copy of the report to the city council.

The city council shall grant the application for a permit if the application meets the standards set forth in the State Fireworks Law, Chapter 70.77 RCW, the regulations of the Chief of the Washington State Patrol, Chapter 212-17 WAC, and the applicable ordinances of the city. The city council shall grant or deny the application within 30 days of receipt of the application.

The number of retail fireworks sales permits issued within or by the city of Mattawa shall be limited to two stands. Only nonprofit entities organized under Sections 501(c)(3) through (10) of the Internal Revenue Code of 1986 that are exempt from tax under Section 501(a) of the code shall be eligible to receive a retail fireworks sales permit. If more than two eligible entities apply for a retail fireworks sales permit, permits shall be granted by lottery. Provided, however, that in the event eligible nonprofit entities do not apply for both permits, one permit may be issued to an eligible for-profit entity. No entity shall receive more than one permit for the sale of fireworks during any one calendar year. All permits issued shall be used only by the designated permittee and shall be nontransferable.

The permit shall be posted in a conspicuous place on or in the retail stand so as to be readily visible from outside the stand.

(Ord. No. 657, § 1, 5-20-21; Ord. No. 569, § 2, 7-2-15).

8.24.050 License from State Patrol Fire Protection Bureau required.

It shall be unlawful for any person, firm, partnership, corporation, association or other entity to engage in the retail sale of fireworks within the city of Mattawa without first obtaining a license from the Director of the Washington State Patrol Fire Protection Bureau. The license from the Director of the Washington State Patrol Fire Protection Bureau shall be current during all retail sales of fireworks within the city of Mattawa.

(Ord. No. 569, § 2, 7-2-15).

8.24.060 Sales—Limited to temporary stands.

All retail sales of fireworks shall be permitted only from within a temporary fireworks stand, or other structure which is in compliance with applicable provisions of the State Fireworks Law, Chapter 70.77 RCW, and administrative regulations promulgated thereunder. Fireworks stand may only be located in a commercial zone established by the city.

(Ord. No. 569, § 2, 7-2-15).

8.24.070 Fireworks—Time of sale and use.

Except as provided in RCW 70.77.311 and with the permission of the fire chief, no consumer fireworks shall be sold within the city except from noon to eleven p.m. on June 28th, from nine a.m. to eleven p.m. on June 29th through July 4th, from nine a.m. to nine p.m. on July 5th and from noon to eleven p.m. on each day from December 27th through December 31st of each year.

Except as provided in RCW 70.77.311 and with the permission of the fire chief, no consumer fireworks shall be discharged within the city except from noon to eleven p.m. on June 28th, from nine a.m. to eleven p.m. on June 29th through July 3rd, from nine a.m. to midnight on July 4th, from nine a.m. to eleven p.m. on July 5th, and from six p.m. on December 31st to one a.m. on January 1st of the subsequent year.

Except as provided above, the sale or discharge of consumer fireworks is prohibited.

(Ord. No. 569, § 2, 7-2-15).

8.24.080 Public display of fireworks—Permit required.

It shall be unlawful for any person to make a public display of fireworks within the city of Mattawa without having first obtained a permit to do so.

(Ord. No. 569, § 2, 7-2-15).

8.24.090 Application for public display of fireworks permit.

Applications which are incomplete or submitted late will not be processed. No person less than eighteen years of age may apply for or be issued a permit under this chapter. An application for a permit for the public display of fireworks shall be made on forms prescribed by the city and shall:

A. Be submitted to the office of the finance director no later than thirty days prior to the public display; and

B. State the name of the organization sponsoring the display, if other than the applicant; and

C. State the date the display is to be held and the exact location for the display; and

D. State 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; and

E. State the number of set pieces, shells (specify single or multiple break), and other items; and

F. State the manner and place of storage of such fireworks prior to the display; and

G. Include a diagram of the grounds 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, the location of all nearby trees, telegraph or telephone lines, or other overhead obstruction; and

H. Include evidence of a bond issued by a surety company authorized to do business in the state of Washington. The bond amount shall be not less than fifty thousand dollars and one million dollars for bodily injury liability for each person and event, respectively, and not less than twenty-five thousand dollars for property damage liability for each event, and 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. Instead of a bond, the applicant may include a certificate of insurance evidencing the carrying of appropriate liability insurance in the amount required by RCW 70.77.295 for the benefit of the person named therein as assured, which shall include the city of Mattawa, as evidence of ability to respond in damages; and

I. Include documentary proof of procurement of a general license for the public display of fireworks from the director of fire protection; and

J. Be accompanied by a permit fee of five hundred dollars per display.

(Ord. No. 569, § 2, 7-2-15).

8.24.100 Investigation and granting of public display permits.

Upon receiving an application for permit for public display of fireworks authorized under RCW 70.77.260(2), the fire chief shall investigate the application and submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the mayor who shall forward a copy of the report to the city council.

The city council shall grant the application for a permit if the application meets the standards set forth in the State Fireworks Law, Chapter 70.77 RCW, the regulations of the Chief of the Washington State Patrol, Chapter 212-17 WAC, and the applicable ordinances of the city.

All permits issue shall be used only by the designated permittee and shall be nontransferable.

(Ord. No. 569, § 2, 7-2-15).

8.24.110 Violation—Penalties.

Every person who violates any of the provisions of this chapter shall have committed a code infraction and shall be punished by a payment of a C-7 civil penalty for each separate offense. Each discharge of an illegal firework shall constitute a separate violation. If any violation is continuing, each day’s violation shall be deemed as a separate violation.

In addition, violation(s) of any of the provisions of this chapter or any of the conditions imposed upon a permit issued hereunder shall subject the permit to suspension or revocation, as provided herein.

(Ord. No. 569, § 2, 7-2-15).

8.24.120 Seizure of fireworks.

Any fireworks which are illegally sold, offered for sale, used, discharged, possessed, or transported in violation of the provisions of the State Fireworks Law, Chapter 70.77 RCW, the regulations of the chief of the Washington State Patrol, or city ordinance are subject to seizure. Upon such seizure of any fireworks, proceedings for forfeiture shall commence pursuant to the procedures set forth in RCW 70.77.440.

(Ord. No. 569, § 2, 7-2-15).

8.24.130 Suspension, denial or revocation of permit.

If an application for a retail fireworks sales permit or other permit authorized under RCW 70.77.260 is denied, the mayor shall so notify the applicant in writing. The notice shall indicate the reasons for denial and advise the applicant of his/her right to appeal. The applicant, within five days, may file a written request for a hearing with the mayor. The mayor or his/her designee shall hold a hearing within three business days from receipt of the appeal. The applicant shall have the burden of proof. A written decision on the appeal shall be issued within two working days following the hearing.

Any permit issued hereunder may be revoked or suspended, as provided herein, by the mayor upon the giving of one day’s notice. The fire chief or designee may suspend or revoke such permit effective immediately whenever necessary to prevent serious injury to person(s), property or the public peace, health, safety or welfare. Written notice of suspension or revocation shall be delivered to the organizer, applicant, or to the operator or manager of the activity authorized by the permit.

The applicant shall have the right to appeal the suspension or revocation of a permit by filing a written appeal with the mayor no later than the next working day from date of suspension or revocation. A hearing on the appeal shall occur before the mayor or designee on or before the next working day following receipt of the appeal. The applicant shall have the burden of proof. A written decision of the appeal shall be issued no later than the next working day following the hearing. If the mayor or designee determines that the permit should not be revoked or should no longer be suspended, the permit shall be reinstated. The suspension or revocation of the permit shall not be stayed during the pendency of the appeal. In the event that a permit is reinstated, the appeal period shall not extend the time period for which the permit is issued.

(Ord. No. 569, § 2, 7-2-15).

8.24.140 Prohibition due to extreme fire danger.

Effective July 2, 2016, during periods of extreme fire danger, the city fire chief or his/her designee may prohibit the discharge of all fireworks. This decision will be based on consultation with the representatives of the county fire districts, county departments, and any other state, federal or local agency with relevant information on weather, fire, environmental, or other related conditions. The fire chief or his/her designee shall provide public notice of any such prohibition, including the effective dates thereof, through dissemination to the local media, posting on the city website, and posting at the local post office and City Hall.

(Ord. No. 569, § 2, 7-2-15).