Chapter 8.28
FIREWORKS PROHIBITED
Sections:
8.28.010 State statutes and regulations adopted by reference.
8.28.020 Restrictions on sale and discharge of fireworks.
8.28.030 Permit required for public display.
8.28.050 Issuance – Nontransferable – Voiding.
8.28.060 Application for public display permit.
8.28.070 Standards for public fireworks displays.
8.28.080 Action by city council.
8.28.090 Issuance of – Nontransferable.
8.28.110 Violation and penalty.
8.28.010 State statutes and regulations adopted by reference.
The definitions of Chapter 70.77 RCW and the following statutes as now or hereafter amended are adopted by reference as and for a portion of the fireworks provisions of this city as if set forth herein:
RCW
70.77.225(1), Acts prohibited without appropriate
(2) and (3) license.
70.77.260(2) Application for public display permit.
70.17.285 Public display permit – Bond or insurance for liability.
70.77.295 Public display permit – Amount of bond or insurance.
70.77.435 Seizure of fireworks.
70.77.485 Unlawful possession of fireworks.
70.77.488 Unlawful discharge or use of fireworks.
(Ord. 436 § 2 (Exh. B)(part), 2016)
8.28.020 Restrictions on sale and discharge of fireworks.
It is unlawful for any person, firm or corporation to possess, use, sell, transfer, discharge, ignite, or explode any fireworks within the city; provided, that this prohibition shall not apply to the following activities, when authorized by a state license and city permit:
A. Except as authorized by state license and city permit granted pursuant to RCW 70.77.260(2) (public display) or RCW 70.77.311(2) (use by group or individual for religious or other specific purpose on approved date and at an approved location), it is unlawful for any person, firm or corporation to engage in the retail sale of, or to sell, possess, store, use, transfer, discharge or explode any fireworks of any kind in the city.
B. This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal, warning or illumination purposes. (Ord. 436 § 2 (Exh. B)(part), 2016)
8.28.030 Permit required for public display.
It is unlawful for any person to hold, conduct or engage in a public display of fireworks within the city without first having obtained and being the holder of a valid permit issued pursuant to the provisions of this chapter. (Ord. 436 § 2 (Exh. B)(part), 2016)
8.28.040 Permit fees.
The fee for inspections related to a permit, processing, and issuing the same shall be in accordance with the city fee schedule per Chapter 3.04 BMC payable at the time of application. In addition, in the event that the location specified in the permit has unusual parameters, limitations or risks requiring inspection over and above that anticipated in the establishment of this fee (that is, in excess of one hour), a charge for inspection shall be paid by the applicant equal to the actual cost of providing the inspection and in no case more than a total of five thousand dollars for any one permit. (Ord. 436 § 2 (Exh. B)(part), 2016)
8.28.050 Issuance – Nontransferable – Voiding.
Each public display permit issued pursuant to this chapter shall be valid for the specific authorized public display event only, shall be used only by the designated permittee and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit granted in addition to all other sanctions provided in this code. (Ord. 436 § 2 (Exh. B)(part), 2016)
8.28.060 Application for public display permit.
A person desiring to make a public display of fireworks shall apply in writing for a permit to hold, conduct or operate a public display of fireworks to the Snohomish Fire District 1 fire marshal at least forty-five days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public display.
The application must include:
A. A copy of the applicant’s Washington State pyrotechnic operator license (or the pyrotechnic operator license of the applicant’s employee who will conduct the public display);
B. Evidence of a bond issued by an authorized surety or a certificate of public liability insurance;
C. A drawing showing a plan view of the fireworks discharge site and the surrounding area within a five-hundred-foot radius;
D. The exact location, date and time of the proposed display; and
E. The number, type and class of fireworks to be displayed, and the manner in which the fireworks are being stored prior to the public fireworks display.
The fire marshal may impose other requirements on the application.
The fire marshal shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. Based on the investigation, the official shall submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the city council. (Ord. 436 § 2 (Exh. B)(part), 2016)
8.28.070 Standards for public fireworks displays.
A. All public fireworks displays shall conform to the standards and conditions imposed by the fire marshal and city council. The minimum standards and conditions will be consistent with the International Fire Code and the fire marshal or city council may impose any other requirements that are reasonably related to public safety and fire prevention. All public fireworks displays shall comply with Chapter 70.77 RCW.
B. All public fireworks displays must be planned, organized, and discharged by a state-licensed pyrotechnician.
C. A permit must be obtained from the city and approved by the fire marshal or designee prior to any public display of fireworks.
D. The permit may be immediately revoked at any time deemed necessary by the fire marshal or designee due to any noncompliance with the permit, law, or rule, weather conditions such as extremely low humidity or wind factor, accidental ignition of any form of combustible or flammable material in the vicinity of the public display due to falling debris from the display, or any other reason where the fire marshal or designee determines that public safety and fire prevention require the public display to be cancelled.
E. Areas of public access shall be determined by the fire marshal or designee and maintained in an approved manner. (Ord. 436 § 2 (Exh. B)(part), 2016)
8.28.080 Action by city council.
Upon seven days’ advance written notice to the applicant, the city council shall consider the application at a public meeting. The applicant may offer testimony at the meeting, subject to the city council’s rules of procedure. The city council shall consider the report and recommendations of the fire marshal and any additional evidence. The city council may deny the application if it does not meet the requirements of Chapter 70.77 RCW or if the proposed display would be hazardous to property or dangerous to any person. The city council may impose any conditions that are reasonably related to public safety or fire prevention. The decision of the city council with respect to an application shall be final. (Ord. 436 § 2 (Exh. B)(part), 2016)
8.28.090 Issuance of – Nontransferable.
Upon approval by the city council of a fireworks permit, the city clerk shall issue the same to the applicant, who thereafter shall be the permittee. The permit shall be for a specific public display. No permit shall be transferable without express approval by the city council. (Ord. 436 § 2 (Exh. B)(part), 2016)
8.28.100 Enforcement.
A. The police chief, or designee, is authorized to enforce all provisions of this chapter and, in addition to criminal sanctions or civil remedies, he may revoke any permit issued pursuant to this chapter upon any failure or refusal of the permittee to comply with the orders and directives of the fire chief or designee, and/or to comply with any provisions of this chapter or other requirements of the Brier Municipal Code. (Ord. 436 § 2 (Exh. B)(part), 2016)
8.28.110 Violation and penalty.
Any person, firm, corporation or other entity violating the provisions of this chapter shall be guilty of a misdemeanor and shall be punished in accordance with the provisions set forth in BMC 1.28.030(A). (Ord. 436 § 2 (Exh. B)(part), 2016)