Chapter 15.15 FIREWORKS

Chapter 15.15
FIREWORKS

Sections:

15.15.060 Act prohibited without a license – Minimum age for license or permit – Activities permitted without license or permit.

15.15.065 Application for permit.

15.15.070 Investigation, report on permit application.

15.15.080 Director to grant permits – Statewide standards, liability insurance.

15.15.082 Public display permit – Investigation – Governing body to grant – Conditions.

15.15.084 Public display permit – Bond or insurance for liability.

15.15.086 Public display permit – Granted for exclusive purpose.

15.15.088 Public display permit – Amount of bond or insurance.

15.15.090 Retailers – Purchase from licensed wholesalers.

15.15.100 Seizure of fireworks.

15.15.110 Seizure of fireworks – Proceedings for forfeiture – Disposal of confiscated fireworks.

15.15.120 Prohibited transfers of fireworks.

15.15.130 Unlawful possession of fireworks – Penalties.

15.15.140 Unlawful discharge or use of fireworks – Penalty.

15.15.150 Unlawful sales or transfers of special fireworks – Penalty.

15.15.160 Unlawful sales or transfers of common fireworks – Penalty.

15.15.180 Unlawful to permit fire nuisance where fireworks kept – Penalty.

15.15.190 Nonprohibited acts – Signal purposes, forest protection.

15.15.200 Special effects for entertainment media.

15.15.210 Penalty.

15.15.220 Violation a separate, continuing offense.

15.15.230 Civil enforcement not precluded.

15.15.240 Dates and times consumer fireworks may be sold or discharged.

15.15.250 Permit application fees.

15.15.260 Administration.

15.15.010 Intent.

The City Council declares that fireworks, when purchased and used in compliance with the Covington Municipal Code and the laws of the State of Washington, are legal. The City Council intends that this chapter is regulatory only, and not prohibitory. (Ord. 13-08 § 2)

15.15.020 Definitions.

(1) “City” means the City of Covington.

(2) “Fireworks” means any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation, and which meets the definition of articles pyrotechnic or consumer fireworks or display fireworks.

(3) “Display fireworks” means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as “consumer fireworks” and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of June 13, 2002, and including fused setpieces containing components which exceed 50 mg of salute powder.

(4) “Consumer fireworks” means any small fireworks device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of June 13, 2002, and not including fused setpieces containing components which together exceed 50 mg of salute powder.

(5) “Articles pyrotechnic” means pyrotechnic devices for professional use, similar to consumer fireworks in chemical composition and construction but not intended for consumer use, which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN0431 or UN0432 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of June 13, 2002.

(6) “Agricultural and wildlife fireworks” includes fireworks devices distributed to farmers, ranchers, and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency.

(7) “Special effects” means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment.

(8) “Public display of fireworks” means an entertainment feature where the public is or could be admitted or allowed to view the display or discharge of display fireworks.

(9) “Fire nuisance” means anything or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay, or hindrance to the prevention or extinguishment of fire.

(10) “License” means a nontransferable formal authorization which the Chief of the Washington State Patrol, through the Director of Fire Protection, is authorized to issue under this chapter to allow a person to engage in the act specifically designated therein.

(11) “Licensee” means any person issued a fireworks license in conformance with this chapter.

(12) “Local fire official” means the City of Covington Fire Marshal.

(13) “Permit” means the official authorization granted by the City for the purpose of establishing and maintaining a place within the City where fireworks are manufactured, constructed, produced, packaged, stored, sold, or exchanged and the official authorization granted by the City for a public display of fireworks.

(14) “Permittee” means any person issued a fireworks permit in conformance with this chapter.

(15) “Person” includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

(16) “Importer” includes any person who for any purpose other than personal use:

(a) Brings fireworks into this State or causes fireworks to be brought into this State;

(b) Procures the delivery or receives shipments of any fireworks into this State; or

(17) “Manufacturer” includes any person who manufactures, makes, constructs, fabricates, or produces any fireworks article or device, but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks or persons who assemble consumer fireworks items or sets or packages containing consumer fireworks items.

(18) “Wholesaler” includes any person who sells fireworks to a retailer or any other person for resale and any person who sells display fireworks to public display licensees.

(19) “Retailer” includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user.

(20) “Pyrotechnic operator” includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging display fireworks. (Ord. 13-08 § 2)

15.15.060 Act prohibited without a license – Minimum age for license or permit – Activities permitted without license or permit.

(1) Except as otherwise provided in this chapter, no person, without appropriate State licenses and City permits as required by this chapter, may:

(a) Manufacture, import, possess, or sell any fireworks at wholesale or retail for any use;

(b) Make a public display of fireworks;

(d) Knowingly manufacture, import, transport, store, sell, or possess with intent to sell, as fireworks, explosives, as defined under RCW 70.74.010, that are not fireworks, as defined under this chapter.

(2) Except as authorized by a license and permit under subsection (1)(b) of this section, no person may discharge display fireworks at any place.

(3) No person less than 18 years of age may apply for or receive a license or permit under this chapter.

(4) No license or permit is required for the possession or use of consumer fireworks lawfully purchased at retail. (Ord. 13-08 § 2)

15.15.065 Application for permit.

(1) Any person desiring to do any act mentioned in CMC 15.15.060(1)(a) or (c) shall apply in writing to the local fire official for a permit.

(2) Any person desiring to put on a public display of fireworks under CMC 15.15.060(1)(b) shall apply in writing to the local fire official for a permit. Application shall be made at least 10 days in advance of the proposed display and be accompanied by the fee outlined in CMC 15.15.250. (Ord. 13-08 § 2)

15.15.070 Investigation, report on permit application.

When an application for a permit under CMC 15.15.065(1) is received, the local fire official 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 Community Development Director or his or her designee. (Ord. 13-08 § 2)

15.15.080 Director to grant permits – Statewide standards, liability insurance.

(1) The Director of the Department of Community Development or his or her designee shall grant an application for a permit under CMC 15.15.065(1) if the application meets the standards under this chapter, and any other applicable ordinances of the City or State statute. The permit shall be granted by June 10, or no less than 30 days after receipt of an application, whichever date occurs first, for sales commencing on June 28th and on December 27th; or by December 10th, or no less than 30 days after receipt of an application, whichever date occurs first, for sales commencing only on December 27th.

(2) The City will comply with those uniform Statewide standards for retail fireworks stands including, but not limited to, the location of the stands, setback requirements and siting of the stands, types of buildings and construction material that may be used for the stands, use of the stands and areas around the stands, cleanup of the area around the stands, transportation of fireworks to and from the stands, and temporary storage of fireworks associated with the retail fireworks stands prescribed by the Chief of the Washington State Patrol, through the Director of Fire Protection.

(3) No retail fireworks permit may be issued to any applicant unless the retail fireworks stand is covered by a liability insurance policy with coverage of not less than $50,000 and $500,000 for bodily injury liability for each person and occurrence, respectively, and not less than $50,000 for property damage liability for each 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.

No wholesaler may knowingly sell or supply fireworks to any retail fireworks licensee unless the wholesaler determines that the retail fireworks licensee is covered by liability insurance in the same, or greater, amount as provided in this subsection. (Ord. 13-08 § 2)

15.15.082 Public display permit – Investigation – Governing body to grant – Conditions.

The local fire official receiving an application for a permit under CMC 15.15.065(2) for a public display of fireworks shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. Based on the investigation, the official shall submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the Community Development Director. The Director shall grant the application if it meets the requirements of this chapter. (Ord. 13-08 § 2)

15.15.084 Public display permit – Bond or insurance for liability.

Except as provided in RCW 70.77.355, the applicant for a permit under CMC 15.15.065(2) for a public display of fireworks shall include with the application evidence of a bond issued by an authorized surety company. The bond shall be in the amount required by CMC 15.15.088 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 CMC 15.15.088 for the benefit of the person named therein as assured, as evidence of ability to respond in damages. The local fire official receiving the application shall approve the bond or insurance if it meets the requirements of this section. (Ord. 13-08 § 2)

15.15.086 Public display permit – Granted for exclusive purpose.

If a permit under CMC 15.15.065(2) for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. (Ord. 13-08 § 2)

15.15.088 Public display permit – Amount of bond or insurance.

In the case of an application for a permit under CMC 15.15.065(2) for the public display of fireworks, the amount of the surety bond or certificate of insurance required under CMC 15.15.084 shall be not less than $50,000 and $1,000,000 for bodily injury liability for each person and event, respectively, and not less than $25,000 for property damage liability for each event. (Ord. 13-08 § 2)

15.15.090 Retailers – Purchase from licensed wholesalers.

Retail fireworks licensees shall purchase all fireworks from wholesalers possessing a valid wholesale license issued by the State of Washington. (Ord. 13-08 § 2)

15.15.100 Seizure of fireworks.

Any fireworks which are illegally sold, offered for sale, used, discharged, possessed, or transported in violation of the provisions of this chapter or the rules or regulations of the Chief of the Washington State Patrol, through the Director of Fire Protection, are subject to seizure by the Chief of the Washington State Patrol, through the Director of Fire Protection, or his or her deputy, or by State agencies or local governments having general law enforcement authority. (Ord. 13-08 § 2)

15.15.110 Seizure of fireworks – Proceedings for forfeiture – Disposal of confiscated fireworks.

(1) In the event of seizure under CMC 15.15.100, proceedings for forfeiture shall be deemed commenced by the seizure. The Chief of the Washington State Patrol or a designee, through the Director of Fire Protection or the agency conducting the seizure, under whose authority the seizure was made shall cause notice to be served within 15 days following the seizure on the owner of the fireworks seized and the person in charge thereof and any person having any known right or interest therein, of the seizure and intended forfeiture of the seized property. The notice may be served by any method authorized by law or court rule, including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the 15-day period following the seizure.

(2) If no person notifies the Chief of the Washington State Patrol, through the Director of Fire Protection or the agency conducting the seizure, in writing of the person’s claim of lawful ownership or right to lawful possession of seized fireworks within 30 days of the seizure, the seized fireworks shall be deemed forfeited.

(3) If any person notifies the Chief of the Washington State Patrol, through the Director of Fire Protection or the agency conducting the seizure, in writing of the person’s claim of lawful ownership or possession of the fireworks within 30 days of the seizure, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the City’s Hearing Examiner appointed under Chapter 2.25 CMC, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the seized fireworks is more than $500.00. The hearing before the Hearing Examiner and any appeal therefrom shall be under the procedures set forth under Chapter 2.25 CMC and the Hearing Examiner rules of procedure. In a court hearing between two or more claimants to the article or articles involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys’ fees. The burden of producing evidence shall be upon the person claiming to have the lawful right to possession of the seized fireworks. The City shall promptly return the fireworks to the claimant upon a determination by the Hearing Examiner or court that the claimant is lawfully entitled to possession of the fireworks.

(4) When fireworks are forfeited under this chapter, the City may:

(a) Dispose of the fireworks by summary destruction at any time subsequent to 30 days from such seizure or 10 days from the final termination of proceedings under this section, whichever is later; or

(b) Sell the forfeited fireworks and chemicals used to make fireworks, that are legal for use and possession under this chapter, to wholesalers or manufacturers authorized to possess and use such fireworks or chemicals under a license issued by the Chief of the Washington State Patrol, through the Director of Fire Protection. Sale shall be by public auction after publishing a notice of the date, place, and time of the auction in a newspaper of general circulation in the county in which the auction is to be held, at least three days before the date of the auction. The proceeds of the sale of the seized fireworks under this section may be retained by the agency conducting the seizure and used to offset the costs of seizure and/or storage costs of the seized fireworks. The remaining proceeds, if any, shall be deposited in the fire services trust fund and shall be used as follows: At least 50 percent is for a Statewide public education campaign developed by the Chief of the Washington State Patrol, through the Director of Fire Protection, and the licensed fireworks industry emphasizing the safe and responsible use of legal fireworks; and the remainder is for Statewide efforts to enforce this chapter. (Ord. 13-08 § 2)

15.15.120 Prohibited transfers of fireworks.

The transfer of fireworks ownership, whether by sale at wholesale or retail, by gift or other means of conveyance of title, or by delivery of any fireworks to any person in the State who does not possess and present to the carrier for inspection at the time of delivery a valid license, where such license is required to purchase, possess, transport, or use fireworks, is prohibited. (Ord. 13-08 § 2)

15.15.130 Unlawful possession of fireworks – Penalties.

It is unlawful to possess any class or kind of fireworks in violation of this chapter. A violation of this chapter is:

(1) A misdemeanor if involving less than one pound of fireworks, exclusive of external packaging; or

(2) A gross misdemeanor if involving one pound or more of fireworks, exclusive of external packaging.

For the purposes of this section, “external packaging” means any materials that are not an integral part of the operative unit of fireworks. (Ord. 13-08 § 2)

15.15.140 Unlawful discharge or use of fireworks – Penalty.

It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. A violation of this section is a gross misdemeanor. (Ord. 13-08 § 2)

15.15.150 Unlawful sales or transfers of special fireworks – Penalty.

It is unlawful for any person knowingly to sell, transfer, or agree to sell or transfer any display fireworks to any person who is not a fireworks licensee as provided for by this chapter. A violation of this section is a gross misdemeanor. (Ord. 13-08 § 2)

15.15.160 Unlawful sales or transfers of common fireworks – Penalty.

(1) It is unlawful for any person to offer for sale, sell, or exchange for consideration, any consumer fireworks to a consumer or user other than at a fixed place of business of a retailer for which a license and permit have been issued.

(2) No licensee may sell any fireworks to any person under the age of 16.

(3) A violation of this section is a gross misdemeanor. (Ord. 13-08 § 2)

15.15.180 Unlawful to permit fire nuisance where fireworks kept – Penalty.

It is unlawful for any person to allow any combustibles to accumulate in any premises in which fireworks are stored or sold or to permit a fire nuisance to exist in such a premises. A violation of this section is a misdemeanor. (Ord. 13-08 § 2)

15.15.190 Nonprohibited acts – Signal purposes, forest protection.

This chapter does not prohibit the use of torpedoes, flares, or fuses by motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities. (Ord. 13-08 § 2)

15.15.200 Special effects for entertainment media.

The assembling, compounding, use, and display of articles pyrotechnic or special effects in the production of motion pictures, radio or television productions, or live entertainment shall be under the direction and control of a pyrotechnic operator licensed by the State of Washington and who possesses a valid permit from the City. (Ord. 13-08 § 2)

15.15.210 Penalty.

Except as otherwise provided in this chapter, any person violating any of the provisions of this chapter or any rules issued thereunder is guilty of a misdemeanor. (Ord. 13-08 § 2)

15.15.220 Violation a separate, continuing offense.

A person is guilty of a separate offense for each day during which he commits, continues, or permits a violation of any provision of, or any order, rule, or regulation made pursuant to, this chapter. (Ord. 13-08 § 2)

15.15.230 Civil enforcement not precluded.

The inclusion in this chapter of criminal penalties does not preclude enforcement of this chapter through civil means. (Ord. 13-08 § 2)

15.15.240 Dates and times consumer fireworks may be sold or discharged.

(1) It shall be legal to sell fireworks within the City from 12:00 noon until 11:00 p.m. on June 28th and from 9:00 a.m. until 11:00 p.m. on June 29th through July 4th. Fireworks may not be sold between the hours of 11:00 p.m. and 9:00 a.m. from June 28th through July 4th.

(2) It shall be legal to use or discharge consumer fireworks within the City from 9:00 a.m. until 12:00 midnight on July 4th and from 6:00 p.m. on December 31st through 1:00 a.m. on January 1st of the following year. (Ord. 13-08 § 2)

15.15.250 Permit application fees.

All applications for permits required under this chapter shall be accompanied by a nonrefundable permit fee as established by RCW 70.77.555 and specified in the current fee resolution, which is necessary to cover all legitimate costs incurred by the City, from the application to and through processing, permit issuance and inspection. (Ord. 13-08 § 2)

15.15.260 Administration.

The City Manager or his or her designee shall be the local official charged with administering this chapter. (Ord. 13-08 § 2)