Chapter 13.05
FIREWORKS*

Sections:

13.05.010    Sale and discharge of fireworks.

13.05.020    Local fireworks permits.

13.05.030    Public display of fireworks.

13.05.040    Reckless discharge or use of fireworks.

13.05.050    Penalty.

13.05.060    Ban authority due to fire danger.

13.05.070    Permit for the use of firecrackers, salutes, and chasers.

*Cross reference(s) – Discharging weapons and use of fireworks in parks and recreation areas prohibited, § 4.01.040; enforcement of title 13, ch. 13.02.

State law reference(s) – Fireworks, RCW 70.77.120 et seq.; explosives, RCW 70.74.010 et seq.

13.05.010 Sale and discharge of fireworks.

A. Sale, purchase or possession. It is legal to sell or purchase consumer fireworks within this city only during the following times and dates: from 12:00 noon to 11:00 p.m. on June 28th; and from 9:00 a.m. to 11:00 p.m. on each day from June 29th through July 4th. It is legal to possess consumer fireworks within this city from 12:00 noon on June 28th through 11:00 p.m. on July 4th. It shall not be legal to sell, purchase, or possess consumer fireworks at any other time, specifically including, without limitation, from December 27th through December 31st.

B. Use and discharge. It is legal to use or discharge consumer fireworks within this city only between the hours of 9:00 a.m. and 11:00 p.m. on July 4th. It shall not be legal to use or discharge consumer fireworks at any other time, specifically including, without limitation, from 6:00 p.m. on December 31st of any year until 1:00 a.m. of the subsequent year.

(Ord. No. 3168, § 3, 5-17-94; Ord. No. 3229, § 1, 6-6-95; Ord. No. 3296, § 1, 5-22-96; Ord. No. 3491, § 1, 11-16-99; Ord. No. 3534, § 1, 12-5-00; Ord. No. 3609, § 1, 7-16-02; Ord. No. 3610, § 1, 7-16-02; Ord. No. 3755, § 1, 6-7-05; Ord. No. 3990, § 1, 2-15-11)

Note – Formerly § 13.05.005.

13.05.020 Local fireworks permits.

Application for all local fireworks permits required by the state fireworks law, Chapter 70.77 RCW, shall be made to the fire marshal. The fee for such permit shall be established by city council resolution, which amount covers the city’s administrative costs for permit processing, issuance, and inspection. Pursuant to RCW 70.77.555, this permit fee and the costs for all needed permits and local licenses from application to and through processing, issuance and inspection shall not exceed one hundred dollars ($100) for any one (1) year, except that the fees for display permits will not exceed five thousand dollars ($5,000) for any one (1) permit.

(Ord. No. 2413, § 1; Ord. No. 3058, § 2, 7-21-92; Ord. No. 3229, § 1, 6-6-95; Ord. No. 3296, § 1, 5-22-96; Ord. No. 3491, § 1, 11-16-99; Ord. No. 3534, § 1, 12-5-00; Ord. No. 3609, § 1, 7-16-02; Ord. No. 3610, § 1, 7-16-02; Ord. No. 3755, § 1, 6-7-05; Ord. No. 3990, § 1, 2-15-11. Formerly Code 1986, § 13.09.020)

Note – Formerly § 13.05.010.

13.05.030 Public display of fireworks.

A. The fire marshal is authorized, pursuant to RCW 70.77.280, to issue a permit for a public display of fireworks. After review and investigation of an application for a permit, the fire marshal may grant, deny, or grant with reasonable conditions a permit for a public display of fireworks; provided, however, that any such permit shall only be issued for the discharge of fireworks between the hours of 9:00 a.m. and 11:00 p.m.:

1. On the fourth of July for fourth of July ceremonies;

2. For high school events of a state-certified public or private high school; provided, that such events are officially sanctioned by the governing body of such high school;

3. For wedding ceremonies;

4. For cultural events; or

5. For Kent’s annual tree lighting ceremony.

B. The issuance of a permit for a public display of fireworks for a time or purpose different than stated herein is not permitted unless approved by the city council following consideration of the review, investigation and recommendation of the fire marshal.

(Ord. No. 3296, § 1, 5-22-96; Ord. No. 3491, § 1, 11-16-99; Ord. No. 3534, § 1, 12-5-00; Ord. No. 3609, § 1, 7-16-02; Ord. No. 3610, § 1, 7-16-02; Ord. No. 3755, § 1, 6-7-05; Ord. No. 3990, § 1, 2-15-11)

Note – Formerly § 13.05.015.

13.05.040 Reckless discharge or use of fireworks.

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.

(Ord. No. 3491, § 1, 11-16-99; Ord. No. 3534, § 1, 12-5-00; Ord. No. 3609, § 1, 7-16-02; Ord. No. 3610, § 1, 7-16-02; Ord. No. 3755, § 1, 6-7-05; Ord. No. 3990, § 1, 2-15-11)

13.05.050 Penalty.

Any person violating the provisions of KCC 13.05.010, 13.05.020, and 13.05.030 shall be guilty of a misdemeanor, and shall be punished by imprisonment not to exceed ninety (90) days and a fine not to exceed one thousand dollars ($1,000). Any person violating the provisions of KCC 13.05.040 shall be guilty of a gross misdemeanor and shall be punished by imprisonment not to exceed one (1) year and a fine not to exceed five thousand dollars ($5,000). A person is guilty of a separate offense for each day during which he or she commits, continues, or permits a violation of the provisions of this chapter.

(Ord. No. 2413, § 1; Ord. No. 3058, §§ 3, 4, 7-21-92; Ord. No. 3229, § 1, 6-6-95; Ord. No. 3296, § 1, 5-22-96; Ord. No. 3491, § 1, 11-16-99; Ord. No. 3534, § 1, 12-5-00; Ord. No. 3609, § 1, 7-16-02; Ord. No. 3610, § 1, 7-16-02; Ord. No. 3755, § 1, 6-7-05; Ord. No. 3990, § 1, 2-15-11. Formerly Code 1986, § 13.09.030)

State law reference(s) – Permit maximum fee, RCW 70.77.555.

Note – Formerly § 13.05.020.

13.05.060 Ban authority due to fire danger.

A. The city of Kent recognizes the unique risk that exists when the discharge of fireworks is combined with a high fire danger. Under such conditions, the city has determined that it is in the interests of the public health, safety, and welfare to establish an emergency procedure for banning fireworks when the risk of fire is high.

B. The fire marshal, subject to the city council’s prior approval, may ban the sale, use, and/or discharge of fireworks within the city limits of Kent in the event that the risk of fire in King County or the city of Kent has been determined by the Washington State Department of Natural Resources (“DNR”), or a qualified DNR official, to be “very high/extreme” or otherwise at the highest fire danger level.

C. At each location at which fireworks are sold, the vendor shall post a notice of at least eight (8) inches by ten (10) inches in size that shall contain the language set forth in subsection (B) of this section. Such notice shall be posted in such a manner that it is clearly visible to those who purchase fireworks.

(Ord. No. 3755, § 1, 6-7-05; Ord. No. 3990, § 1, 2-15-11)

13.05.070 Permit for the use of firecrackers, salutes, and chasers.

The fire marshal is authorized, pursuant to RCW 70.77.255, to issue a permit for the use of firecrackers, salutes, and chasers, as defined in WAC 212-17-040; provided, that the fireworks were purchased from a licensed manufacturer, importer or wholesaler; are for use on prescribed dates and locations; and are for cultural or specific purposes. After review of an application for a permit, the fire marshal may grant, deny, or grant with reasonable conditions a permit for the use of firecrackers, salutes and chasers; provided, however, that any such permit shall only be issued for the discharge of fireworks between the hours of 9:00 a.m. and 11:00 p.m. No fee shall be assessed for the permit.

(Ord. No. 3990, § 1, 2-15-11)