Chapter 5.04
FIREWORKS
Sections:
5.04.010 Purpose.
5.04.020 State law adopted.
5.04.030 Public display license.
5.04.050 License – Required.
5.04.060 Sale date, hours.
5.04.070 License – Issuance prerequisite.
5.04.080 License – Application – Insurance required.
5.04.090 License – Renewal – Preference.
5.04.100 License – Number.
5.04.110 Stands – Operation.
5.04.120 Stands – Temporary.
5.04.130 Penalties for violations.
5.04.010 Purpose.
It is the intent of this chapter to provide a procedure for the granting of licenses, and the possession, sale and discharge of fireworks. (Ord. 636 § 1, 1984; Ord. 243 § 1, 1963).
5.04.020 State law adopted.
Chapter 70.77 RCW pertaining to fireworks is adopted by this chapter by reference as though stated in its entirety in this chapter. (Ord. 636 § 2, 1984; Ord. 243 § 2, 1963).
5.04.030 Public display license.
A license for a public display of fireworks may be issued by the city council if and when they deem it advisable. (Ord. 636 § 3, 1984; Ord. 243 § 3, 1963).
5.04.050 License – Required.
It is unlawful for any person, firm, copartnership or corporation to engage in the retail sale of fireworks within the city without first having obtained a license from the clerk-treasurer. The annual fee to be charged for the issuance of any such retail license shall be $10.00, which fee shall cover but one retail sales outlet. (Ord. 243 § 5, 1963).
5.04.060 Sale date, hours.
It is unlawful for any person, firm, copartnership or corporation to offer for retail sale, expose for retail sale, sell at retail or use any fireworks within the city, except from 12:00 noon on June 28th to 12:00 noon on July 5th of each year. (Ord. 243 § 6, 1963).
5.04.070 License – Issuance prerequisite.
The fireworks license shall be issued only to such applicants who meet the following qualifications:
(1) Nonprofit, charitable, religious or eleemosynary corporations, organized and existing primarily for veteran, patriotic, religious, charitable or civic betterment purposes; and
(2) The corporation or association has its principal and permanent meeting place in the city, and has been organized and established in the city for a period of at least one year prior to the date application is made for a fireworks license. (Ord. 243 § 7, 1963).
5.04.080 License – Application – Insurance required.
Application for a license:
(1) Shall be made in writing accompanied by a license fee of $25.00;
(2) Shall be made on or prior to the third Monday in April of each year. Applicants for any such license shall be notified by the clerk-treasurer of the granting or rejection of their application for license on or before the first Monday in May of each calendar year; and, if any applicants are not granted a license, the fee shall be refunded;
(3) Shall set forth the proposed location of the fireworks stand applied for; and
(4) Shall be accompanied by an assurance that if the license is issued to applicant, applicant shall, at the time of receipt of such license, deliver to the clerk-treasurer $50,000 to $100,000 public liability, and $5,000 property damage insurance policy, with rider attached to the policy designating the city as an additional assured thereunder. (Ord. 554 § 3(d), 1980; Ord. 243 § 8, 1963).
5.04.090 License – Renewal – Preference.
Applicants for renewal of license shall be given preference over applicants for license by persons not previously licensed, provided that if the holder of the license fails to make application for renewal by the third Monday in April, the preference shall be forfeited. (Ord. 243 § 9, 1963).
5.04.100 License – Number.
No one organization may receive more than one license for fireworks sales during any one calendar year. The maximum number of licenses which may be issued pursuant to this chapter during any one calendar year shall not exceed one license for each 1,500 residents of the city, or fraction thereof, according to the last official census. (Ord. 243 § 10, 1963).
5.04.110 Stands – Operation.
No person other than the licensee organization shall operate the stand for which the license is issued, or share or otherwise participate in the benefits of the operation of such stand. (Ord. 243 § 11, 1963).
5.04.120 Stands – Temporary.
All retail sales of “safe and sane” 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 provisions:
(1) No fireworks stand shall be located within 25 feet of any other building, nor within 50 feet of any gasoline station;
(2) Fireworks stands need not comply with the provisions of the building code of the city; provided however, that all stands shall be erected under the supervision of the fire chief, who shall require that those stands be constructed in a manner and place which shall insure the safety of attendants and patrons. Approved fire extinguishers shall be maintained at stands at all times;
(3) Each stand must have at least two exits;
(4) No fireworks stand shall be located closer than 600 feet to another fireworks stand;
(5) All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least 20 feet surrounding the stand;
(6) “No smoking” signs shall be prominently displayed on the fireworks stand;
(7) Each stand shall be operated by adults only. No fireworks shall be left unattended in a stand;
(8) All unsold stock, accompanying litter, and the fireworks stand shall be removed from the location and the city by 12:00 noon on July 6th of each year. (Ord. 243 § 12, 1963).
5.04.130 Penalties for violations.
Violation of this chapter shall constitute a Class A infraction as defined in SMC 13.01.045(1) and subject the violator to enforcement as set forth therein. (Ord. 1112 § 2, 2001).