Chapter 8.35
EXPLOSIVES AND FIREWORKS

Sections:

8.35.010    Explosives and fireworks prohibited.

8.35.020    Fireworks – State law adopted by reference – Permit requirements.

8.35.030    Restriction on common fireworks – Violation – Penalty.

8.35.010 Explosives and fireworks prohibited.

A. It is unlawful for any person, firm, corporation, or organization to make, sell, or use explosives or fireworks within the corporate limits of the city.

EXCEPTION: 1. When no other alternative means is available, the fire chief may approve the use of explosives for construction or demolition purposes.

2. Fireworks considered safe and sane and approved by the state fire marshal may be sold and used as described in MICC 8.35.020.

B. In the event the fire chief shall decide to approve the use of explosives as noted in the exception above, permits therefor shall be obtained and procedures adhered to as enumerated in Article 77 of the Uniform Fire Code.

C. Exception 7 to Section 77.102(a) of the Uniform Fire Code is deleted. (Ord. 04C-12 § 3; Ord. A-46 § 6, 1986; Ord. A-18 § 1, 1982. Formerly 17.70.010).

8.35.020 Fireworks – State law adopted by reference – Permit requirements.

A. The Washington State Fireworks Law Chapter 70.77 RCW, a copy of which shall be kept on file in the office of the city clerk, is adopted and by this reference is made a part of this title.

B. An application for a permit shall be made in writing to the fire department of the city, and after investigation a report of findings and a recommendation for or against the issuance of a permit, together with reasons therefor, shall be made to the city council. The city council shall have the power in its discretion to grant or deny the application, subject to such reasonable conditions, if any, as it shall prescribe.

C. No permit shall be granted unless the applicant first submits for inspection his state license.

D. If the application is for a public display of fireworks, or if the application is for any other act set forth in RCW 70.77.255, the applicant shall have in effect for the life of the permit, a public liability and property damage insurance policy in the amount of $500,000 for one person, and $1,000,000 for injuries to two or more persons as a result of one accident and $100,000 for property damage, which insurance policy shall designate the city as an additional insured thereunder. The applicant shall furnish to the city a copy of the insurance policy or a certificate evidencing the existence of such a policy. The insurance policy or certificate shall indicate that the applicant is insured for all damages to persons or property which shall or may result from or be caused by such public display of fireworks or other act set forth in RCW 70.77.255, or any negligence on the part of applicant or his or its agents, servants, employees, or subcontractors.

E. Retail sales of fireworks shall be permitted only from within a temporary fireworks stand and the sale from any other building or structure is prohibited. Temporary stands shall be subject to the following conditions:

1. Temporary fireworks stands shall be erected under the supervision of the fire department and need not comply with the building code of the city.

2. Temporary fireworks stands shall be located so as not to be within 50 feet of any gasoline stations, oil storage tanks, or premises where flammable liquids are kept or stored.

3. Each temporary fireworks stand must have at least two exits which shall be unobstructed at all times and located as far from each other as possible.

4. Each temporary fireworks stand shall have in a readily accessible place fire extinguishers approved by the fire division as to location within the stand, number and type. No smoking shall be permitted in or near a fireworks stand, and “no smoking” signs shall be prominently displayed on the fireworks stand.

5. Each stand shall be operated by adults only. No fireworks shall be left unattended in a stand.

6. All weeds and combustible materials shall be cleared from the location of the stand to at least a distance of 20 feet.

7. All unsold fireworks, cartons and other rubbish, shall be removed from the location and from the city by noon on July 6 each year. The fireworks stand shall be dismantled and removed from the location by noon on July 10 each year. (Ord. 06C-06 § 2; Ord. 04C-12 § 3; Ord. A-46 § 6, 1986. Formerly 17.70.020).

8.35.030 Restriction on common fireworks – Violation – Penalty.

A. The use, firing, exploding and discharge of common fireworks, as defined in RCW 70.77.136, is prohibited within the city of Mercer Island except on the fourth day of July, between the hours of 11 a.m. and 11 p.m.

1. Additionally, as provided in RCW 70.77.305, the sale and discharge of fireworks within the city of Mercer Island is prohibited on December 31 and January 1.

B. Any person who violates any provision of this section shall be liable for the payment of a civil penalty in the amount of $500 for each violation. A violation of this section is designated as a civil infraction and is not classified as a criminal offense.

C. Whenever any person is arrested for any violation of this section, the arresting officer may serve upon him/her a citation and notice to appear in the court. The arrested person, in order to secure release, and when permitted by the arresting officer, must give his written promise to appear in court, as required by the citation and notice by signing in the appropriate place on the written citation and notice served by the arresting officer. Upon the arrested person’s failing or refusing to sign such written promise to appear in court, he/she may he taken into the custody of such arresting officer and so remain or be placed in confinement. The failure to sign a written promise to appear shall constitute a criminal offense under the provisions of the Mercer Island City Code.

D. Any person violating his/her written promise to appear in court or his/her written and signed promise to respond to a notice of infraction issued as provided in this title is guilty of a misdemeanor regardless of the disposition of the charge upon which he/she was originally cited or arrested or the disposition of a notice of infraction; provided, that a written promise to appear in court or a written promise to respond to a notice of infraction may be complied with by an appearance of counsel representing the person charged. (Ord. 04C-12 § 3; Ord. 96C-005 § 1; Ord. 95C-115 § 1; Ord. A-120 § 1, 1994; Ord. A-104 §§ 1, 3, 1993. Formerly 17.70.030).