Chapter 3.32
FIREWORKS

Sections:

3.32.010 Scope.

3.32.020 Definitions.

3.32.030 Permits.

3.32.040 Authority.

3.32.050 Legal fireworks.

3.32.060 Retail sales and discharge of fireworks.

3.32.070 Operation of retail outlets.

3.32.080 Public display of fireworks.

3.32.090 Prohibited acts.

3.32.100 Seizure of fireworks.

3.32.110 Violation – Penalty.

3.32.120 Severability.

3.32.130 Effective date.

3.32.140 Mayor authorized.

3.32.010 Scope.

This chapter shall apply to the manufacture, possession, storage, sale, transportation, and use of fireworks. Nothing in this chapter shall be construed to prohibit use:

(1) By railroad or other transportation agencies for signal or illumination purposes;

(2) For signal purposes in athletics or sports;

(3) By military organizations;

(4) The sale and use of blank cartridges for show or theater. (Ord. 2638, 1986)

3.32.020 Definitions.

(1) “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 classified as common or special fireworks.

(2) “Special fireworks” means any fireworks designed primarily for exhibition display by producing visible or audible effects. The term includes:

(a) Fireworks commonly known as sky rockets, missile-type rockets, firecrackers, salutes and chasers; and

(b) Fireworks which are not classified as common fireworks.

(3) “Common fireworks” means any fireworks designed primarily to produce visible or audible effects by combustion.

(a) Effective November 1, 1987, through May 31, 1988, the term includes ground and hand-held sparkling devices including items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, and flitter sparkles, smoke devices, helicopters, aerials; spinners; roman candles, mines, shells; and Class C explosives classified on January 1, 1984 as common fireworks by the United States Department of Transportation; provided, that the term does not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets, and missile-type rockets;

(b) Effective June 1, 1988, the term includes ground and hand-held sparkling devices, including items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, flitter sparklers; and smoke devices; provided, that the term does not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets, missile-type rockets, helicopters, aerials, spinners, roman candles, mines, shells and Class C explosives classified as common fireworks by the U.S. Department of Transportation, unless such Class C explosives are approved by the fire chief or his designee.

(4) “Special effects” means any combustion of chemical elements or chemical compounds capable of burning independently of the oxygen in the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as a necessary part of motion picture, radio, television, theatrical or opera productions. (Ord. 2638, 1986)

3.32.030 Permits.

(1) Permits shall be obtained:

(a) To store fireworks in any amount of any type exceeding 10 pounds aggregate weight;

(b) To possess, manufacture, offer to sell, or sell fireworks at wholesale or retail for any use. Exception:

(i) Possession of common fireworks lawfully purchased at retail;

(c) To conduct a public display of fireworks;

(d) To discharge special fireworks;

(e) To transport any fireworks. Exception:

(i) Transportation by a public carrier to a licensee,

(ii) Transportation of common fireworks in a private passenger vehicle during the legal sales period established in WCC 3.32.060 and in accordance with subsection (1)(a) of this section;

(f) To use or discharge fireworks inside a structure;

(g) To use or discharge fireworks for ceremonial purposes; provided, that there shall be no fee for such permit.

(2) All permits required by this section shall be issued by the fire chief or his designee except as otherwise provided by WCC 3.32.080(2). As a condition of any permit, the fire chief may specify additional safeguards as necessary to provide for the public safety. The applicant shall apply for a permit on the form provided by the Wenatchee fire department. The form shall have all pertinent information and be properly filled out by the applicant at the time of application.

(3) No person under 18 years of age may apply for or receive a permit under this section.

(4) An application for a permit shall be made in writing to the fire chief or his designee at least 30 days in advance. After a permit is granted, transportation, storage, discharge, sale, possession, use and distribution of fireworks shall be lawful only for the purpose stated on the permit. No permit granted hereunder shall be transferable.

(5) The fire chief or his designee may issue permits for the transportation and storage of fireworks in bulk quantities under United States Department of Transportation classifications describing such quantity limitations, duration and conditions of storage or transport as the fire chief shall deem necessary to provide for the public safety.

(6) Number of Permits. No one organization, person, firm, copartnership, or corporation may receive more than one permit for the retail sale of common fireworks during one calendar year. The maximum number of permits which may be issued pursuant to this chapter during any calendar year shall not exceed one for each 3,000 residents of the city, or major portion thereof, according to the last official census. (Ord. 2638, 1986)

3.32.040 Authority.

(1) The fire chief or his designee shall have authority to issue and condition permits required by this chapter.

(2) The fire chief and the police chief or their designees have authority to enforce the provisions of this chapter. (Ord. 2638, 1986)

3.32.050 Legal fireworks.

(1) Fireworks which are defined as common fireworks in this chapter are legal for sale and use within the city of Wenatchee as set forth in this chapter.

(2) Fireworks which are not common fireworks are expressly prohibited for sale, transportation, discharge, storage, or use within the city of Wenatchee unless the fire chief or his designee has issued a permit for such purpose. (Ord. 2638, 1986)

3.32.060 Retail sales and discharge of fireworks.

(1) Only common fireworks as defined in this chapter are legal for sale to the public.

(2) The sale, use or discharge of any firework in the city of Wenatchee, prior to 12:00 noon on June 28th or after 12:00 noon on July 6th each year is prohibited except where authorized by fire department permit or exempted under WCC 3.32.010.

No common fireworks will be sold or discharged except between the following hours and dates:

June 28 12:00 noon to 11:00 p.m.

June 29 – July 5 9:00 a.m. to 11:00 p.m.

July 6 9:00 a.m. to 12:00 noon

(3) Only fireworks defined as common fireworks in this chapter may be sold at retail stands.

(4) A permit for the retail sale of fireworks issued by the fire chief must be prominently displayed at the sales location.

(5) Retail operators applying for permit shall submit a copy of their state fire marshal-approved retailer’s license with the application for a permit under this chapter. Each permit application must be accompanied by a certificate of insurance.

(6) The certificate of insurance shall evidence a comprehensive general liability (including automobile coverage) insurance policy providing limits of $1,000,000, combined single limit, per occurrence and annual aggregate, no deductible, and naming the city of Wenatchee as an additional insured.

(7) A bond in the amount of $300.00 must be posted with the city of Wenatchee at least 30 days in advance of the initial sales date to provide for costs of site cleanup if the operator fails to perform such cleanup by 12:00 noon on July 7th.

(8) That the proposed stand is constructed in a manner which shall insure the safety of attendants and patrons. All fireworks stands shall be constructed with a shelf 12 inches or more in depth attached to the front of the stand as a pass out counter for fireworks; the bottom of the stand up to the shelf and the other three sides must be a type of material such as plywood.

(9) The location of a fireworks stand must be approved by the chief or his designees. (Ord. 2000-15 § 1; Ord. 2638, 1986)

3.32.070 Operation of retail outlets.

(1) A stand for the retail sale of fireworks is limited to 500 square feet, shall not be located within any permanent structure, and shall be issued only for the retail sale of common fireworks.

(2) A stand must be either located at least 300 feet from another fireworks stand or separated from another fireworks stand by a major arterial thoroughfare at least 100 feet in width.

(3) A stand must be located at least 100 feet from any flammable liquid-dispensing device or installation.

(4) A stand must be located at least 50 feet from any building.

(5) A stand must be located no more than 500 feet from a fire hydrant.

(6) A stand must be accessible from an improved public street or thoroughfare.

(7) The area around the stand must be completely free of hazardous accumulations, including but not limited to dry grass, brush, or debris of any nature, for a distance of not less than 25 feet on all sides.

(8) Each stand must have at least two exits located at opposite ends of the stand. Such exits must not be locked while the stand is occupied.

(9) The stand must be equipped with at least two approved (U.L. or F.M.) gallon water-type extinguishers.

(10) No heating device of any kind is permitted in the stand.

(11) No smoking signs must be prominently posted on the stand and in the vicinity of the stand. Smoking shall not be permitted within 25 feet of the stand. The stand supervisor shall be responsible for enforcing the no smoking regulations.

(12) A motor vehicle cannot be parked within 25 feet of a fireworks stand. No cooking or heating shall occur in a motor vehicle located within 25 feet of a fireworks stand.

(13) Fireworks shall not be discharged within 100 feet of a fireworks stand. Signs to this effect shall be posted conspicuously at the stand.

(14) In transporting fireworks from warehouses to stands (such as during resupply), all federal, state and local transportation requirements must be met, including but not limited to placarding requirements for vehicles carrying over 1,000 pounds of fireworks.

(15) It is unlawful to deliver fireworks to, or store fireworks at, other than the permit location.

(16) No fireworks shall be stored outside the stand in any vehicle, trailer, or camper. When the stand is left unattended, the stand must be securely locked against unauthorized entry. Transportation of fireworks to another fireworks location is prohibited. Such fireworks shall remain in the stand during the sales period.

(17) Stands must be under the direct supervision of a competent adult 18 years of age or older at all times. The location of the closest telephone must be prominently posted within the stand.

(18) Effective November 1, 1986, no person may sell fireworks to a person under the age of 16 years.

(19) Overnight sleeping in a stand is prohibited. A separation distance of 25 feet must be maintained between any trailer, camper, vehicle and the stand.

(20) Customers shall not be permitted inside the stand.

(21) A clear aisle or walkway must be maintained inside the stand for the full length of the stand.

(22) At the end of the sales period, remaining stocks of fireworks must remain in the stand until removed to the suppliers from which they were purchased or to a location approved by the fire chief or his designee. Removal of all fireworks and accompanying litter must be accomplished within 24 hours. (Ord. 2638, 1986)

3.32.080 Public display of fireworks.

(1) Every public display of fireworks shall be handled by a competent operator approved by the fire chief or his designee and shall be of such character, and so located, discharged, or fired, that, in the opinion of the fire chief or his designee, after proper investigation, it will not constitute a hazard to property or endanger any person. Should the fire chief or his designee deny a permit for public display of fireworks, the applicant therefore shall have the right to appeal that denial to the city commission, which shall consider such application, recommendation and denial, and in its discretion shall either uphold the denial or grant the permit applied for.

(2) A state pyrotechnics license is required for operators of a public display of fireworks.

(3) A bond or certificate of insurance must be furnished to the fire chief before a permit is issued. The bond shall be in the amount of $1,000,000 and shall be conditioned upon the applicant’s payment of all damages to persons and property resulting from or caused by such public display of fireworks, or by any negligence on the part of the applicant or its agents, servants, employees or subcontractors in the presentation of the display. The certificate of insurance shall evidence a comprehensive general liability (including automobile coverage) insurance policy providing limits of $1,000,000 combined single limit, per occurrence and annual aggregate, no deductible, and naming the city of Wenatchee as an additional insured.

(4) Transportation and Storage.

(a) All fireworks shall be transported within the city in accordance with 49 CFR Part 177 and 397.9(b) prior to reaching the display site;

(b) As soon as the fireworks have been delivered to the display site, they shall be attended and shall remain dry;

(c) All shells shall be inspected upon delivery to the display site by the display operator. Any shells having tears, leaks, broken fuses, or showing signs of having been wet shall be set aside and shall not be fired. After the display, and such shells shall be either returned to the supplier or destroyed according to the supplier’s instructions;

(d) All fireworks at the firing site must be stored in ready boxes (substantially constructed wood magazines). During the display, the magazines must be 25 feet upwind (relation to firing line) from the nearest mortar. Magazine lids must be open in the opposite direction to the firing. All ready boxes are to be protected by a flameproof water repellent canvas cover until emptied;

(e) The shell storage area shall be located at a minimum distance of not less than 25 feet from the discharge site;

(f) During the display, shells shall be stored upwind from the discharge site. If the wind shifts during the display, the shell storage area shall be relocated to be upwind from the discharge site.

(5) Preparation of Site and Crowd Control.

(a) All dry grass, weeds and other combustible waste matter within 50 feet of the firing site shall be removed;

(b) The site shall be located so that the trajectory of shells shall not come within 25 feet of any overhead object;

(c) Discharged fireworks shall not come within 100 feet of any tent or canvas shelter;

(d) The firing and storage site shall be located not less than 200 feet from any building;

(e) The operator shall provide sufficient personnel to assure that no unauthorized persons are allowed within 200 feet of the firing and storage site. This requirement shall be in effect from one half hour prior to the arrival of fireworks until all fireworks debris, equipment and fireworks have been removed from the site;

(f) Spectators shall be restrained behind lines or barriers at least 200 feet from the firing and storage locations.

(6) Installation of Mortars.

(a) Mortars shall be inspected for dents, bent ends, and cracked or broken plugs prior to ground displacement. Mortars found to be defective in any way shall not be used. Any scale on the inside surface of the mortars shall be removed;

(b) Mortars shall be positioned so that the shells are carried away from spectators and buildings. When fired over water, mortars shall be installed at an angle or not less than 10 degrees, pointing toward the water;

(c) Mortars shall be either buried securely into the ground to a depth of two-thirds to three-quarters of their length or fastened securely in mortar boxes or drums. In soft ground, heavy timber or rock slabs shall be placed beneath the mortars to prevent their sinking or being driven into the ground during firing;

(d) In damp ground, a weather-resistant bag shall be placed under the bottom of the mortar prior to the placement in the ground to protect the mortar against moisture;

(e) Weather-resistant bags shall be placed over the open end of the mortar in damp weather to keep moisture from accumulating on the inside surface of the mortar;

(f) Sand bags, dirt boxes, or other suitable protection shall be placed around the mortars to protect the operator from ground bursts. This requirement shall not apply to the down-range side of the discharge site.

(7) Operation of the Display.

(a) The operator shall provide fire protection at the site as required by the fire chief or his designee;

(b) Only permitted fireworks are authorized for use;

(c) If the opinion of the fire chief or his authorized representative, lack of crowd control should pose a danger, the display shall be immediately discontinued until such time as the situation is corrected;

(d) If at any time high winds or unusually wet weather prevail such that in the opinion of the fire chief, his authorized representative or the display operator, a definite danger exists, the public display shall be postponed until weather conditions improve to permit safe discharge of fireworks;

(e) Light snow or mist need not cause cancellation of the display; however, all materials used in the display shall be protected from the weather until immediately prior to use;

(f) Display operators and assistants shall use only flashlights or approved electric lighting for artificial illumination;

(g) No smoking or open flames shall be allowed within 50 feet of the firing or storage area as long as shells are present. Signs to this effect shall be conspicuously posted;

(h) The first shell fired shall be carefully observed to determine that its trajectory will carry it into the intended firing range and that the shell functions over, and any debris falls into, the planned landing area;

(i) The mortars shall be reangled or reset if necessary at any time during the display.

(j) When a shell fails to ignite in the mortar, the mortar shall not be touched for a minimum five minutes. After five minutes it shall be carefully flooded with water. Immediately following the display, the mortar shall be emptied into a bucket of water. The supplier shall be contacted as soon as possible for proper disposal instructions;

(k) Operators shall not attempt to repair a damaged shell nor shall they attempt to dismantle a dry shell. In all such cases, the supplier shall be contacted as soon as possible for proper disposal instructions;

(l) Operators shall not dry a wet shell, lance, or pot for reuse;

(m) The entire firing range shall be inspected immediately following the display to locate any defective shells. Any such shell found shall be immediately doused with water before handling. The shells shall be placed in a bucket of water. The supplier shall then be contacted as soon as possible for proper disposal instructions;

(n) When fireworks are displayed in darkness the sponsor shall ensure that the firing range is inspected early the following morning;

(o) Any fireworks remaining unfired after the display shall be immediately disposed of or removed from the city to the supplier from which they were purchased or to a location approved by the fire chief or his designee.

(8) The denial by the fire chief of a permit for the public display of fireworks may be appealed to the appropriate city commission. (Ord. 2638, 1986)

3.32.090 Prohibited acts.

(1) The manufacture of fireworks within the city of Wenatchee is prohibited.

(2) The discharge of any fireworks in public parks is prohibited unless approved by the director of parks and recreation department and the fire chief or his designee.

(3) The discharge of fireworks inside or upon a structure is prohibited, unless a permit has been obtained from the fire chief or his designee.

(4) The discharging or throwing of ignited fireworks from watercraft or vessels is prohibited, unless a permit has been obtained from the fire chief or his designee.

(5) The discharging or throwing of ignited fireworks from vehicles or buildings is prohibited.

(6) Fireworks shall not be transported in or upon vehicles used for mass transportation such as buses or trains. (Ord. 2638, 1986)

3.32.100 Seizure of fireworks.

The police chief, or his designee, shall seize, take, remove, or cause to be removed at the expense of the owner, all fireworks offered or exposed for sale, stored, possessed or used in violation of this chapter.

(1) Any person whose fireworks are seized under the provisions of this section, may within 10 days after such seizure, petition in writing to return the fireworks seized upon the grounds that such fireworks were illegally or erroneously seized. Such petitions shall be considered within 15 days after filing and an oral hearing granted to the petitioner if requested. The decision of the police chief shall be provided in writing to the petitioner. The police chief may order the fireworks seized under this chapter disposed, or returned to the petitioner if illegally or erroneously seized, providing such return is in compliance with the state law and this chapter.

(2) The determination of the police chief, is final, unless within 60 days an action is commenced in the Chelan County district justice court for the recovery of fireworks seized by the police chief.

(3) If the fireworks are not returned to the petitioner or destroyed, the police chief may sell all confiscated common fireworks and special fireworks that are legal for use and possession under state law and this chapter to wholesalers licensed by the state of Washington. Sales shall be made by public auction after publishing a notice of the date, place and time of the auction in a newspaper of general circulation within the city. Such notice of public auction shall be made at least 14 days prior to the date of auction. The proceeds of any sale of seized fireworks under this chapter shall be deposited in a special fund which shall be used for the sole purpose of educating the public on firework safety.

(4) Fireworks that are illegal for use and possession in this city shall be turned over to the state fire marshal for destruction. (Ord. 2638, 1986)

3.32.110 Violation – Penalty.

Any person convicted of violating any of the provisions of this chapter shall be punished by payment of a fine of up to $500.00 or a jail sentence of up to six months or both such fine and imprisonment, for each violation of the provisions of this chapter. (Ord. 2638, 1986)

3.32.120 Severability.

The invalidity or unconstitutionality of any provision or section of this chapter shall not render any other provision or section of this chapter invalid or unconstitutional. (Ord. 2638, 1986)

3.32.130 Effective date.

With the exception of WCC 3.32.020(3)(b), the ordinance codified in this chapter shall take effect and be in force on November 1, 1986 after its passage, approval and publication, as provided by law. (Ord. 2638, 1986)

3.32.140 Mayor authorized.

The mayor is authorized to implement such administration procedures as may be necessary to carry out the directions of this legislation. (Ord. 2638, 1986)