Chapter 8.28
FIREWORKS
(Effective until September 19, 2012)
Sections:
8.28.010 Definitions.
8.28.020 Manufacture prohibited.
8.28.030 Chapter to govern storage, sale and discharge.
8.28.040 Public displays – Regulations for granting permits.
8.28.050 Sale of common fireworks – Conditions for issuance of permits.
8.28.060 Permits – Application.
8.28.070 Permits – Nontransferable.
8.28.080 Permits – State license required.
8.28.090 Discharge and sale of common fireworks – Permitted times – Unlawful acts.
8.28.100 Fireworks stands.
8.28.110 State statutes incorporated by reference.
8.28.120 Appeal upon denial of a permit.
8.28.130 Violation – Penalty.
8.28.010 Definitions.
For the purposes of this chapter, the words and phrases set forth in this section shall have the following meanings:
A. “City” means the city of Grandview.
B. “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.
C. “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 milligrams) of explosive material, 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 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 milligrams of salute powder.
D. “Consumer fireworks” means any small firework 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 milligrams or less of explosive materials, and aerial devices containing 130 milligrams 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 milligrams of salute powder.
E. “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.
F. “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.
G. “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.
H. “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.
I. “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 a hindrance to the prevention or extinguishment of fire.
J. “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.
K. “Licensee” means any person issued a fireworks license in conformance with this chapter.
L. “Local fire official” means the chief of a local fire department or a chief fire protection officer or such other person as may be designated by the governing body of the city of Grandview to act as a local fire official under this chapter.
M. “Permit” means the official authorization granted by a city or county for the purpose of establishing and maintaining a place within the jurisdiction of the city or county where fireworks are manufactured, constructed, produced, packaged, stored, sold or exchanged and the official authorization granted by a city or county for a public display of fireworks.
N. “Permittee” means any person issued a fireworks permit in conformance with this chapter.
O. “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.
P. “Importer” includes any person who for any purpose other than personal use: (1) brings fireworks into this state or causes fireworks to be brought into this state; (2) procures the delivery or receives shipments of any fireworks into this state; or (3) buys or contracts to buy fireworks for shipment into this state.
Q. “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.
R. “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.
S. “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.
T. “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.
U. “New fireworks item” means any fireworks initially classified or reclassified as articles pyrotechnic, display fireworks, or consumer fireworks by the United States Department of Transportation after June 13, 2002, and which comply with the construction, chemical composition, and labeling regulations of the United States Consumer Products Safety Commission, 16 C.F.R. Parts 1500 and 1507.
The chief of the Washington State Patrol, through the director of fire protection, shall classify any new fireworks item in the same manner as the item is classified by the United States Department of Transportation and the United States Consumer Product Safety Commission. The chief of the Washington State Patrol, through the director of fire protection, may determine, stating reasonable grounds, that the item should not be so classified.
V. “Permanent storage” means storage of display fireworks at any time and/or storage of consumer fireworks at any time other than the periods allowed under RCW 70.77.420(2) and 70.77.425 and which shall be in compliance with the requirements of Chapter 70.74 RCW.
W. “Temporary storage” means the storage of consumer fireworks during the periods allowed under RCW 70.77.420(2) and 70.77.425. (Ord. 1755 § 1, 2006; Ord. 1059 § 1, 1982; 1964 code § 7.12.010).
8.28.020 Manufacture prohibited.
The manufacture of fireworks is prohibited within the city. (1964 code § 7.12.020(a)).
8.28.030 Chapter to govern storage, sale and discharge.
Except as provided in this chapter, it is unlawful for any person to store, offer for sale, expose for sale, sell at retail or use, fire or discharge any fireworks. (1964 code § 7.12.020(b)).
8.28.040 Public displays – Regulations for granting permits.
The chief of the fire department shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by the municipality, fair associations, amusement parks and other organizations. Every such display shall be handled by a competent operator approved by the chiefs of the police and fire departments of the municipality, and shall be of such a character and so located, discharged or fired as in the opinion of the chief of the fire department, after proper inspection, shall not be hazardous to property or endanger any person. (1964 code § 7.12.020(b)(1)).
8.28.050 Sale of common fireworks – Conditions for issuance of permits.
The fire chief may approve for issuance by the city clerk permits for the sale of “common fireworks” to persons, corporations, or organizations after investigation and determination:
A. That the location where said fireworks are to be sold is not less than 50 feet from any building or combustible material other than the building used for purposes of said sale or display;
B. That the applicant has furnished proof of financial responsibility to satisfy claims for damage to property or personal injuries arising out of any act or omissions on the part of the applicant permittee in amount, character, and form as the fire chief determines to be necessary for protection of the public;
C. The applicant permittee shall deposit with the city a bond in a sum not less than $1,000 conditioned on compliance with this chapter and such regulations as may be made by the fire chief;
D. Upon payment of a fee of $100.00;
E. That persons selling the fireworks are competent and trained to handle such fireworks and 18 years of age or older;
F. No fireworks shall be sold to anyone under the age of 18;
G. All firework sellers shall distribute the city rules and regulations to each purchaser. Said rules and regulations shall be provided by the city. (Ord. 1755 § 2, 2006; Ord. 1635 § 5, 2002; Ord. 1322 § 1, 1992; Ord. 1059 § 2, 1982; 1964 code § 7.12.020(b)(2)).
8.28.060 Permits – Application.
Applications for permits for sale or a public display of fireworks shall be made in writing to the chief of the fire department not less than 10 days prior to the display or commencement of sale of fireworks. (Ord. 1059 § 3, 1982; 1964 code § 7.12.020(c)).
8.28.070 Permits – Nontransferable.
No permit granted under this chapter shall be in any manner transferable. (1964 code § 7.12.020 (d)).
8.28.080 Permits – State license required.
No permits may be issued under this chapter to any applicant who does not have a valid and subsisting license issued by the state, authorizing the holder thereof to engage in the fireworks activity sought to be permitted. (1964 code § 7.12.020(h)).
8.28.090 Discharge and sale of common fireworks – Permitted times – Unlawful acts.
A. Common fireworks may be sold in the city during the period commencing at 10:00 a.m. on July 2nd and ending at 10:00 p.m. on July 4th of each year.
B. Common fireworks may be used, fired or discharged in the city during the period commencing at 9:00 a.m. on July 4th and ending at 12:00 midnight on July 4th of each year, except as follows:
1. It is unlawful to use, fire, or discharge any fireworks along the route of and during any parade or at any public assembly in any commercial use district.
2. It is unlawful at any time to throw or toss any fireworks at any person, animal or vehicle or other thing or object.
3. It is unlawful to use, fire or discharge any fireworks in public parks.
C. No fireworks shall be sold, used or discharged during the period of December 27th to December 31st of each year, as is provided by RCW 70.77.395, or any other period of time except as specifically provided for herein. (Ord. 1755 § 3, 2006; Ord. 1637 § 1, 2002; Ord. 1608 § 1, 2001; Ord. 1322 § 2, 1992; Ord. 1059 § 4, 1982; 1964 code § 7.12.020(e, f, g)).
8.28.100 Fireworks stands.
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. (1964 code § 7.12.020(i)).
8.28.110 State statutes incorporated by reference.
This chapter is intended to augment Chapter 70.77 RCW, State Fireworks Law, and shall be construed in connection with that law and any and all rules and regulations issued pursuant thereto. (Ord. 1755 § 4, 2006; Ord. 1059 § 5, 1982; Ord. 990 § 1, 1980; 1964 code § 7.12.020(j)).
8.28.120 Appeal upon denial of a permit.
Any applicant denied a permit may appeal such denial to the city council of the city, which appeal may be heard at a regular meeting of the city council but not later than 30 days after notice of appeal is filed with the city clerk. (1964 code § 7.12.020 (k)).
8.28.130 Violation – Penalty.
An individual who violates any section of this chapter shall be deemed guilty of a civil infraction and shall be subject to a fine of not less than $100.00 nor more than $500.00. (Ord. 2011-12 § 1; Ord. 1755 § 5, 2006; 1964 code § 7.12.030).