Chapter 8.20
FIREWORKS

Sections:

8.20.010    UFC Section 78.102 amended—Manufacture, sale and discharge of fireworks.

8.20.020    UFC Section 78.103—Insurance required.

8.20.030    Violations—Penalties.

8.20.010 UFC Section 78-102 amended—Manufacture, sale and discharge of fireworks.

Section 78.102. Manufacture, sale, and discharge of fireworks.

A. The manufacture of fireworks is prohibited within the City, except by special permit.

B. Except as otherwise provided herein, it is unlawful for any person to possess, store, offer for sale, expose for sale, sell at retail, use, explode, fire, or discharge any fireworks within the City limits of the City of Prosser. This prohibition is more restrictive than the prohibition imposed by state law and includes but is not limited to the 4th of July and New Year’s Day holidays.

1. Applications for permits for a public display of fireworks shall be made in writing at least ten (10) days in advance of the display.

2. All public fireworks displays must be planned, organized, and discharged by a State of Washington licensed Pyrotechnician.

3. Except for the Fourth of July public fireworks display, all other applicants must appear before the City Council and obtain its approval prior to the issuance of the permit by the City of Prosser. In addition, successful applicants must also publish a notice in a local newspaper of general circulation within the community advertising the date, time, place, and approximate duration of the public fireworks display.

4. A permit must be obtained from the City of Prosser and approved by the Fire Chief or his designee, prior to any display of public fireworks. The permit shall include the name of the applicant and his address; the name of the Pyrotechnician and his 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 required bond.

5. A drawing shall be submitted to the Fire Department showing a plan of the fireworks discharge site and the surrounding area within a five hundred (500) foot radius. The drawing shall include all structures, fences, barricades, streets, fields, streams and any other significant factors that may be subjected to ignition or that may inhibit fire fighting capabilities.

6. An appropriate City of Prosser Fire Department fire fighting apparatus and a minimum of two (2) trained City of Prosser firefighters shall be on site thirty (30) minutes prior to and after the shooting of the fireworks display. Reasonable compensation for stand-by apparatus and manpower may be necessary as determined by the Fire Chief. Any compensation for Fire Department apparatus and manpower will be determined by the Washington State Chief’s Association fee schedule.

7. All combustible debris and trash shall be removed from the area of discharge for a distance of three hundred (300) feet in all directions.

8. All unfired or “DUD” fireworks shall be disposed of in a safe manner.

9. A minimum of two (2) 2A rated pressurized water fire extinguishers and one (1) fire blanket shall be required to be located at the fireworks discharge site.

10. The permit may be immediately revoked if at any time deemed necessary by the Fire Department due to any noncompliance or weather conditions, such as extremely low humidity or wind factor. The display may also be canceled by accidental ignition by any form of combustible or flammable material in the vicinity due to falling debris from the display.

11. Areas of public access shall be approved by the Fire Department and maintained in an approved manner.

(Ord. 2351 § 1, 2002: Ord. 2097 § 1, 1999: Ord. 1542 § 1, 1991).

8.20.020 UFC Section 78.103—Insurance required.

Section 78.103 of the Uniform Fire Code adopted by the city in Section 15.04.010A(3) of this code shall be omitted and the following shall be substituted in its place:

Section 78.103. Insurance required. The applicant for a permit for a public display of fireworks shall file with the Fire Chief a copy of public liability and property damage insurance policy providing coverage with minimum limits as specified in RCW 70.77.295; however, the holder of a general license from the State Fire Marshall and, upon compliance with RCW 70.77.355, shall be excused from compliance with this section.

(Ord. 1542 § 2, 1991).

8.20.030 Violations—Penalties.

Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of the code is committed, continued, or permitted, and upon conviction of such violation such person shall be punishable by a fine of not more than five thousand dollars or by imprisonment for not more than one year, or both such fine and imprisonment. (Ord. 1542 § 3, 1991).