Chapter 9.48
FIREWORKS

Sections:

9.48.010    PERMIT - REQUIRED - FEE.

9.48.020    PERMIT - CONDITIONS FOR ISSUANCE.

9.48.030    STANDS - CONFORMANCE TO REGULATIONS REQUIRED.

9.48.040    HOURS AND DAYS OF SALE AND DISCHARGE.

9.48.050    STATE STATUTE APPLICABILITY.

9.48.060    RECKLESS DISCHARGE OR USE OF FIREWORKS.

9.48.070    PROHIBITION DUE TO EXTREME FIRE DANGER.

9.48.080    ENFORCEMENT.

9.48.090    PERMIT REVOCATION OR SUSPENSION - AUTHORITY.

9.48.100    PENALTY FOR VIOLATIONS.

9.48.010 PERMIT - REQUIRED - FEE.

Application for all local fireworks permits including applications for a permit to conduct a public display of fireworks required by the state fireworks law, Chapter 70.77 RCW, shall be made to the Fire Marshal. The fees for such permits shall be as set forth in Chapter 3.01 BMC. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4368 §26, 1992; Ord. 3370 §1, 1977)

9.48.020 PERMIT - CONDITIONS FOR ISSUANCE.

The Fire Chief or his or her designee is responsible for review of any application for a permit for the sale of fireworks or for a public display of fireworks. If the application meets the requirements of state law and this chapter, the Fire Chief or his or her designee is authorized to grant the application and issue a permit.

(a)    Sale of Fireworks. A permit for the sale of fireworks shall be issued only upon the following terms and conditions:

(1)    The applicant shall have a valid and subsisting license issued by the State Fire Marshal authorizing the holder thereof to engage in the retail sale of safe and sane fireworks only.

(2)    The applicant shall have and keep in full force and effect a policy of insurance approved by the City’s Risk Manager saving the City harmless for any acts or failures of the permittee, in accordance with Chapter 70.77 RCW.

(3)    The location of a proposed place of business shall comply with the zoning ordinances of the City.

(4)    The applicant shall provide a land lease agreement for the location of the proposed place of business signed by the land owner or his authorized representative.

(5)    The applicant shall provide a scale drawing of the location of the proposed place of business showing the relationship of the fireworks stand to streets and other buildings.

(6)    The applicant shall submit the name, address and phone number of the person or persons responsible for the fireworks stand.

(7)    The applicant shall submit the address of all storage locations for stock that is kept on reserve and not on display for sale.

(8)    No permit applications shall be processed before the first day of May or accepted after the first day of June of the year of sale.

(9)    The applicant shall post a fifty dollar ($50.00) cash bond conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site. If the permittee removes such temporary stand and cleans up all of the debris before the tenth day of July of the permit year, he shall be entitled to the return of the fifty dollars ($50.00).

(b)    Public Display of Fireworks. A permit for a public display of fireworks shall be issued only upon the terms and conditions as set forth Chapter 70.77 RCW.

(1)    It shall be unlawful for any person to hold, conduct or engage in a public display of fireworks within the City without having obtained a valid permit issued pursuant to the provisions of this chapter.

(2)    Permit applications for the public display shall be submitted in full a minimum of thirty (30) days prior to the scheduled display. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 3370 §2, 1977)

9.48.030 STANDS - CONFORMANCE TO REGULATIONS REQUIRED.

(a)    Only "common fireworks" authorized by Chapter 212-17 WAC, except toy caps, shall be sold only from temporary stands which conform to the written rules and regulations of the Fire Chief of the City. No device, product or effect similar to Chinese lanterns containing an open flame shall be sold, discharged or released at any time.

(b)    Each fireworks stand shall have an adult (eighteen (18) years of age or older) in attendance at all times. No person under the age of sixteen (16) years old shall be allowed inside the stand.

(c)    A sign stating "NO SALE OF FIREWORKS TO ANY PERSON UNDER THE AGE OF 16 YEARS OLD, PHOTO ID REQUIRED."

(d)    All permittees shall conform to the minimum standards and conditions set forth in the Rules and Regulations for Retail Fireworks Stands by the Fire Chief. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4653, Amended, 07/18/1999; Ord. 3370 §3, 1977)

9.48.040 HOURS AND DAYS OF SALE AND DISCHARGE.

(a)    No person shall use or explode any fireworks within the City except from 11:00 a.m. to 11:00 p.m. on July 4th of any year or as part of a public display authorized pursuant to the laws of the State of Washington and this chapter. It shall not be legal to use or discharge 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. on January 1st of the subsequent year. Only "common fireworks" authorized by Chapter 212-17 WAC are to be discharged during the authorized time period.

(b)    Sales of fireworks shall be prohibited except 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 in any calendar year. Nothing in this provision shall make it illegal to have public displays of fireworks when approved by the Bremerton Fire Department in accordance with the Bremerton Municipal Code.

(c)    The possession of any class or kind of fireworks in violation of the provisions of this chapter is prohibited. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4653, Amended, 07/18/1999; Ord. 4455 §1, 1994; Ord. 4420 §1, 1993; Ord. 4379 §1, 1992; Ord. 3370 §5, 1977. Formerly 9.48.050.)

9.48.050 STATE STATUTE APPLICABILITY.

This chapter is intended to implement Chapter 70.77 RCW, and shall be construed in connection with said laws and all rules and regulations issued pursuant thereto. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 3370 §6, 1977. Formerly 9.48.060.)

9.48.060 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. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006)

9.48.070 PROHIBITION DUE TO EXTREME FIRE DANGER.

During periods of extreme fire danger, the Fire Chief may prohibit the discharge of all fireworks. For the purpose of this section, "extreme fire danger" means a period of hot, dry weather accompanied by low fuel moistures. It is during this period that wildland fires can be expected and fire growth will be accelerated. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4379 §2, 1992; Ord. 3370 §7, 1977)

9.48.080 ENFORCEMENT.

The Police Chief, or designee, and the Fire Chief, or designee, are authorized to enforce all provisions of this chapter except those provisions where enforcement authority is explicitly provided to the Fire Chief. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4653, Amended, 07/18/1999; Ord. 3370 §8, 1977)

9.48.090 PERMIT REVOCATION OR SUSPENSION - AUTHORITY.

The Fire Chief or his or her designee may at any time suspend or revoke any permit issued under the provisions of this chapter, if the permittee has:

(a)    Violated any of the provisions of this chapter, or any of his servants, agents or employees have done so;

(b)    Made any false statement or misrepresentation of fact in connection with obtaining the permit;

(c)    Failed to obtain or has had any license required by the State of Washington to engage in any act prohibited by Chapter 70.77 RCW, or this chapter, to be done without a license, suspended or revoked;

(d)    Has had any insurance coverage required by this chapter canceled, revoked, or lapsed. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4653, Added, 07/18/1999)

9.48.100 PENALTY FOR VIOLATIONS.

(a)    Violation. It shall be unlawful for any person to sell, use, transfer, discharge, ignite or otherwise cause to explode common fireworks, or to commit any other violation of the provisions of this chapter.

(b)    Civil Infraction. Except for subsection (d) of this section, any violation of subsection (a) of this section shall constitute a civil infraction punishable by a maximum penalty of two hundred fifty dollars ($250.00), not including statutory assessments.

(c)    Misdemeanor. A second or subsequent violation of subsection (a) of this section by any person within a twelve (12) month period shall constitute a misdemeanor punishable pursuant to BMC 1.12.020(2).

(d)    Gross Misdemeanor. Any person violating the provisions of BMC 9.48.060 shall be guilty of a gross misdemeanor punishable pursuant to BMC 1.12.020(1).

(e)    Seizure and Disposal of Fireworks. In addition to the penalties provided in this section, the Police Chief, or designee, and the Fire Chief, or designee, may seize and dispose of fireworks that are possessed, sold, purchased, offered for sale, and/or used in violation of this chapter according to the seizure and forfeiture procedures contained in RCW 70.77.435 and 70.77.440. (Ord. 5284 §1 (part), 2015)