Chapter 8.08
FIREWORKS1
Sections:
8.08.010 Applicability.
8.08.020 Statutory implementation.
8.08.030 Definitions.
8.08.040 Dangerous fireworks.
8.08.050 Period and time of sale.
8.08.060 Discharge restrictions.
8.08.070 Sale permit – Required.
8.08.080 Sale permit – Fee.
8.08.090 Sale permit – Number – Eligibility.
8.08.100 Sale permit – Competing applications.
8.08.110 Sale permit – Entitlement.
8.08.120 Sale permit – Application.
8.08.130 Sale permit – Issuance.
8.08.140 Temporary stands – Required for sale.
8.08.150 Temporary stands – Standards.
8.08.160 Revocation of permit.
8.08.170 Violation – Penalty.
8.08.010 Applicability.
The provisions of this chapter shall apply to the sale of all common fireworks, as defined by RCW 70.77.136. (Ord. 1332 § 13, 1986)
8.08.020 Statutory implementation.
This chapter is intended to implement Chapter 228, Laws of 1961 of the state of Washington, as amended, and shall be construed in connection with said law and any rules or regulations issued pursuant thereto. (Ord. 1332 § 14, 1986)
8.08.030 Definitions.
For the purpose of this chapter:
A. “Fireworks” shall have the meaning as set forth in RCW 70.77.126, 70.77.131 and 70.77.136.
B. “Person” shall have the meaning as set forth in RCW 70.77.190.
C. “Licensee” shall have the meaning as set forth in RCW 70.77.175. (Ord. 1332 § 1 (part), 1986)
8.08.040 Dangerous fireworks.
It is unlawful for any person to sell, possess, use or explode any dangerous fireworks within the city. Any item of fireworks which is not classified as common fireworks as defined by RCW 70.77.136 shall be deemed dangerous and is prohibited by this chapter unless a permit has been obtained for an exhibition display. (Ord. 1332 § 3, 1986)
8.08.050 Period and time of sale.
No person shall sell at retail or offer for sale any fireworks authorized to be sold herein within the city, except from noon on June 28th to noon on July 6th of each year. No common fireworks may be sold between the hours of 11:00 p.m. and 9:00 a.m. (Ord. 1332 § 4, 1986)
8.08.060 Discharge restrictions.
No person shall use or explode any fireworks within the city except from noon on June 28th to noon on July 6th of any year. No fireworks shall be discharged between the hours of 11:00 p.m. and 9:00 a.m. No fireworks shall be discharged in a street or on any public property; provided, that these prohibitions shall not apply to duly authorized public displays where the same are authorized pursuant to the laws of the state of Washington. (Ord. 1332 § 5, 1986)
8.08.070 Sale permit – Required.
It is unlawful for any person to engage in the retail sale or to sell any fireworks within the city without first having obtained a retail fireworks stand permit pursuant to the provisions of this chapter. (Ord. 1332 § 1 (part), 1986)
8.08.080 Sale permit – Fee.
The annual permit fee for the sale of such
fireworks as may be authorized hereunder, or may be authorized by the provisions of the laws of the state of Washington, shall be $30.00 per year payable in advance. (Ord. 1332 § 2, 1986)
8.08.090 Sale permit – Number – Eligibility.
No one organization shall receive more than one permit for the sale of fireworks during any one calendar year. The maximum number of permits which may be issued pursuant to this chapter shall not exceed one permit for each 3,000 residents of the city, or a fraction thereof, according to the last official census or the last estimate of the state census board. (Ord. 1332 § 6, 1986)
8.08.100 Sale permit – Competing applications.
In the event there are more applications for the permits to be issued under SMC 8.08.090 than there are permits available, then permits shall be granted in the following manner:
A. Any person, firm or corporation having been issued a permit for the year prior to the making of the application shall be given preference over applicants for a permit by persons not having previously received a permit; provided, that if the applicant fails to make application by the third Monday in April, the preference shall not apply.
B. Any permits remaining shall be granted to those first applying therefor who meet all the necessary qualifications and requirements. (Ord. 1332 § 7, 1986)
8.08.110 Sale permit – Entitlement.
A permit granted pursuant to this chapter shall entitle the person to maintain only one retail outlet. All permits issued pursuant thereto shall be used only by the designated person and shall be nontransferable. Any transfer or purported transfer of such a permit shall be deemed a violation of this chapter. (Ord. 1332 § 8, 1986)
8.08.120 Sale permit – Application.
The application, as provided by the state, for a permit shall be submitted by applicants after the first of April and received on or before the third Monday in April of each year. All applications shall be accompanied by the permit fee of $30.00 which shall be returned to the applicant in the event a permit is not granted. All applicants shall be notified by the clerk-treasurer of the granting or rejection of their application for a permit on or before the first Monday of May of each calendar year. (Ord. 1332 § 9, 1986)
8.08.130 Sale permit – Issuance.
A permit for the sale of fireworks shall be issued only upon the following terms and conditions:
A. The applicant shall have a valid license issued by the state of Washington authorizing the holder thereof to engage in the fireworks business.
B. The applicant shall own or have the right to possess a temporary fireworks stand complying with the standards hereinafter set forth for temporary fireworks stands.
C. The applicant shall procure and maintain a policy or policies of public liability and property damage insurance in a company or companies approved by the city in the following amounts:
1. $100,000 or more for injuries to any one person in one accident or occurrence; $300,000 or more for injuries to more than two persons in any one accident or occurrence; $50,000 for damages to property in any one accident or occurrence.
2. All policies of insurance shall designate the city of Sumner as an additional insured thereunder.
D. The location of the temporary fireworks stand shall be only in those areas or zones within the city of Sumner wherein commercial activities are authorized under the applicable zoning laws of the city of Sumner; provided, that the sale of common fireworks shall not be deemed an enlargement of an existing nonconforming use; and provided further, that no fireworks shall be sold in any residential area where a commercial enterprise does not exist.
E. The applicant shall post with the city of Sumner a performance bond or cash deposit in the amount of $100.00, conditioned upon the prompt removal of the temporary stand and the cleaning up of all the debris from the site of the temporary stand, which deposit shall be returned to the applicant only in the event that he removes said temporary stand and cleans all debris to the satisfaction of proper officials of the city of Sumner. In the event of his failure so to do, said performance bond or cash deposit shall be forfeited to the city of Sumner. In no event shall the applicant be entitled to the return of said performance bond or cash deposit if he has failed to remove the temporary stand and clean up all debris by July 10th of each year. (Ord. 1332 § 10, 1986)
8.08.140 Temporary stands – Required for sale.
All common fireworks shall only be sold from temporary stands. (Ord. 1332 § 11, 1986)
8.08.150 Temporary stands – Standards.
The temporary stands of all persons shall conform to following minimum standards and conditions:
A. Temporary fireworks stands need not comply with all provisions of the building code of the city of Sumner; provided, however, that all such stands shall be erected under the supervision of the building inspector of the city of Sumner, or his duly authorized representative, who shall require all stands to be constructed in a safe manner, ensuring the safety of attendants and patrons. In the event that any temporary stand is wired for electricity, then the wiring shall conform to the electrical code of the city of Sumner.
B. No temporary fireworks stand shall be located within 20 feet of any other building or structure, nor within 50 feet of any gasoline station, oil storage tank, or premises where flammable liquids are kept or stored, nor within 600 feet of any other temporary fireworks stand.
C. Each temporary fireworks stand must have at least two exits, which shall be unobstructed at all times.
D. Each temporary fireworks stand shall have in a readily accessible place a fire extinguisher duly approved by the fire chief of Pierce County Fire Protection District No. 22 (EPFR), or his duly authorized representative.
E. All weeds, grass and combustible material shall be cleared from the location of the temporary fireworks stand and the surrounding area within a distance of not less than 20 feet, measured from the exterior walls on each side of the temporary fireworks stand.
F. No smoking shall be permitted in or near a temporary fireworks stand, and the same shall be posted with proper “No Smoking” signs, the lettering of which shall be at least two inches in height and such signs shall be posted on all four sides of the stand.
G. Each temporary fireworks stand shall have an adult in attendance at all times. No child or children under the age of 14 years shall be allowed inside any temporary fireworks stand.
H. All unsold stock and accompanied litter shall be removed from the temporary fireworks stand by noon on July 7th of each year.
I. That all common fireworks shall be removed from the stand between the hours of midnight and 8:00 a.m. during the days authorized under SMC 8.08.050. (Ord. 2200 § 6, 2007; Ord. 1332 § 12, 1986)
8.08.160 Revocation of permit.
In addition to all the grounds for revocation of permits set forth in the general provisions of this chapter, any failure or refusal on the party of a person to obey any rule, regulation or request of the fire chief of Pierce County Fire Protection District No. 22 (EPFR) concerning the sale of fireworks shall be grounds for the revocation of a fireworks permit. (Ord. 2200 § 7, 2007: Ord. 1332 § 15, 1986)
8.08.170 Violation – Penalty.
Any knowing violation of the provisions of this chapter or any knowing failure to comply with the requirements of this chapter shall be a misdemeanor and any person found guilty thereof shall be punished by a fine not to exceed $1,000 or imprisonment in jail not to exceed 90 days, or by both such fine and imprisonment. (Ord. 1332 § 16, 1986)
For statutory provisions regarding fireworks, see chapter 70.77 RCW. For the specific statute granting limited power to municipalities for local regulation, see RCW 70.77.100.