Chapter 8.24
FIREWORKS*
Sections:
8.24.010 Fireworks defined.
8.24.020 Sales--Authorized by fire marshal.
8.24.022 Sales--Permit required.
8.24.026 License effective when.
8.24.030 Things not prohibited designated.
8.24.035 Enforcement--Fire chief authority.
8.24.040 Construction of chapter.
8.24.050 Violation declared misdemeanor.
* For statutory provisions concerning fireworks in general, see RCW Ch. 70.77; for provisions authorizing local authorities to grant permits under certain conditions, see RCW 70.77.280.
8.24.010 Fireworks defined.
A. "Fireworks" means any combustible or explosive composition, or any substance or combination of substances, or article exclusively prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, includes blank cartridges, the type of balloon which requires fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, aerial bombs, sparklers, or other fireworks of like construction and fireworks containing any explosive or flammable compound, or any other tablets other than medicinal tablets, or other device containing any explosive substance.
B. "Fireworks" does not include any toy pistol, toy gun, toy cane or other devices in which paper caps containing .25 grains or less of explosive compound are used, providing that they are so constructed that the hand cannot come into contact with the cap when in place for the explosion. (Ord. 407 §§1, 2, 1958).
8.24.020 Sales--Authorized by fire marshal.
A. Except as hereinafter provided, from and after the effective date of the ordinance codified in this chapter, it shall be unlawful to sell at retail, use or discharge fireworks, as defined in Section 8.24.010, except for the dates of use as indicated here: June 28th through July 5th during the hours of eight a.m. to eleven p.m., within the limits of the city, providing, however, that nothing in this chapter shall be construed to prohibit public displays of fireworks by amusement parks, municipalities, fair associations, and other persons, organizations or groups of individuals where such displays are authorized by permits issued by the State Fire Marshal, when and if required by state law, and also by permit of the fire marshal of the city, or, if there is no appointed and acting fire marshal, then also by a permit first obtained from the city council.
B. The times established within subsection A of this section shall be subject to shortening by action of the chief of the fire department when the chief finds, whether based upon weather conditions or other conditions relating to the public health and safety, the allowance of sale or discharge of the fireworks constitutes a threat to the public health and safety. (Ord. 929 §1, 1994: Ord. 746 §1, 1982: Ord. 407 §3, 1958).
8.24.022 Sales--Permit required.
The sale of fireworks shall be allowed within the corporate limits of the city so long as any person, firm or corporation carrying forth such sale first obtains and maintains in force a business license. The business license required hereunder shall be issued only upon the following terms and conditions:
A. The applicant shall have and maintain a valid and existing license or authorization issued by the state of Washington authorizing the holder thereof to engage in the retail sale of fireworks.
B. The facilities on which the fireworks are sold shall comply with all rules and regulations which may be applicable thereto whether issued by the state or any agency thereof or the fire marshal of the city of Elma and shall be subject to inspection by the fire marshal at all times.
C. The applicant shall provide proof of insurance of such form as may be satisfactory to the designated broker of the city naming the city as a named insured relating to the hazards arising out of the sale of fireworks or their storage; said policy to have a minimum level of five hundred thousand dollars per person and five hundred thousand dollars per incident. (Ord. 746 §2, 1982).
8.24.026 License effective when.
Any license issued pursuant to the provisions of this chapter shall be for a period of one year and shall be deemed to run from the first day of January of each year to the thirty-first day of December each year, but shall not give authorization to sell fireworks, except during the period specified in Section 8.24.024 of this chapter. (Ord. 746 §5, 1982).
8.24.030 Things not prohibited designated.
Nothing in this chapter shall be construed to prohibit the use of explosives producing a visible or audible effect for the purpose of signaling, nor shall it be construed to prohibit the sale and use of firearms and fixed ammunition therefor, or the sale and use of blank cartridges in shows or theaters, or for signal or ceremonial purposes in athletics or sports events, or by any military organization. (Ord. 407 §4, 1958).
8.24.035 Enforcement--Fire chief authority.
Enforcement and implementation of this chapter shall be as follows:
A. The fire chief of the city of Elma or his duly authorized representative is designated as the responsible official for the purposes of enforcing and reviewing the provisions of this chapter, and he shall have the authority to suspend any license issued whenever a licensee has violated any section of this chapter; provided, that any licensee so suspended shall have a right to appeal this suspension to the city council; said appeal to be heard at the next regular city council session.
B. Chapter 8.24 of the Elma Municipal Code shall be deemed to implement and supplement RCW Chapter 70.77. It shall be construed in such a manner as to be consistent with that statute as it may from time to time be existing, as well as any and all rules and regulations issued under the authority of said statute, whether by the fire marshall of the state of Washington or otherwise. (Ord. 746 §3, 1982).
8.24.040 Construction of chapter.
This chapter shall be construed so as to be uniform with the ordinance of Grays Harbor County on the subject of fireworks, except where a reasonable interpretation of this chapter otherwise requires. (Ord. 407 §5, 1958).
8.24.050 Violation declared misdemeanor.
Any violation of this chapter is a misdemeanor. (Ord. 407 §6, 1958).