Chapter 7.24
FIREWORKS

Sections:

7.24.010    Prohibited acts—Exceptions.

7.24.020    Permits.

7.24.030    Public display—Permit—Fee— Rules and regulations.

7.24.040    Seizure of fireworks.

7.24.050    Violations—Penalty.

7.24.010 Prohibited acts—Exceptions.

(a)    Except as permitted in this chapter, the manufacture, sale, transportation, discharge, storage or use of fireworks within the city is prohibited; provided, however, that this restriction shall not apply:

(1)    To the use by railroads or other transportation agencies for signal or illumination purposes;

(2)    To the use of agricultural and wildlife fireworks as defined by RCW 70.77.141;

(3)    To the use of special effects fireworks as defined by RCW 70.77.146 when used as an integral part of a theatrical production;

(4)    To the transportation of fireworks through the city as part of interstate commerce;

(5)    To the public display of fireworks authorized by permit issued by the city;

(6)    To the use of fireworks for signal purposes in school or city-sponsored athletic or sporting events.

(b)    The words and phrases used in this chapter shall be given the definitions contained in RCW Chapter 70.77. (Ord. 708 § 1 (part), 1999).

7.24.020 Permits.

(a)    A permit shall be obtained from the city fire chief to:

(1)    Possess or store fireworks of any kind;

(2)    Conduct an outdoor public display of fireworks;

(3)    Discharge of “Special Effects” as defined in RCW 70.77.146;

(4)    Discharge “Agricultural and Wildlife Fireworks” as defined in RCW 70.77.141 and WAC 212-17-045;

(5)    Discharge “Special Fireworks” as defined in RCW 70.77.131 and WAC 212-17-040;

(6)    Transport any fireworks, except no permit is required for transport by a public carrier on interstate or state routes;

(7)    Use or discharge fireworks inside a structure.

(b)    All permits required by this chapter shall be reviewed by the city fire chief. As a condition of any permit, the city fire chief may specify additional safeguards, as necessary, to provide for public safety. The permit to be issued by the city is in addition to any permit required by the state or federal government. Once granted, the city fire chief may revoke a permit at any time due to safety concerns.

(c)    The fee for storing or transporting fireworks shall be one hundred dollars per year. No additional fee will be charged for transportation which is in conjunction with a public display permit or a special effects fireworks permit. (Ord. 708 § 1 (part), 1999).

7.24.030 Public display—Permit—Fee— Rules and regulations.

(a)    The city fire chief shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks within the incorporated areas of the city of Connell.

(b)    The application for a permit for a public display of fireworks shall be made in writing to the city clerk-treasurer at least twenty days in advance of the display. The application shall be accompanied by a letter from the person legally responsible for the property on which such display is to take place. Such letter shall grant permission to the applicant for the use of the property. Any permit granted hereunder shall not be transferable. The application shall also be accompanied by all applicable fees and proof of liability insurance.

(c)    The fee for a public display permit shall be one hundred dollars; provided, however, the city council may waive the fee upon request made in advance.

(d)    A public display shall be of such character, and so located, discharged or fired that in the opinion of the city fire chief, the display shall be deemed not hazardous to property or injurious to any person. Every such display shall be handled by a competent operator who has been approved by the city fire chief. Every approved operator shall have first obtained a state license pursuant to RCW 70.77.305.

(e)    The applicant shall provide the city with a policy or policies of public liability and property damage insurance from a licensed insurance company or companies, which policy shall be subject to the approval as to form by the city attorney in the following amounts: one hundred thousand dollars or more for injury to any one person in any one accident or occurrence; three hundred thousand dollars or more for injury to two or more persons in any one accident or occurrence; and fifty thousand dollars for damage to property in any one accident or occurrence. The city of Connell shall be named as an additional named insured on such policy.

(f)    An applicant who has been refused a permit for public display or a permit for retail sale of fireworks by the city fire chief shall have the right to appeal the decision of the city fire chief to the city council for the city of Connell. (Ord. 708 § 1 (part), 1999).

7.24.040 Seizure of fireworks.

The city fire chief or any police officer shall seize and remove or cause to be removed at the expense of the owner all fireworks offered or exposed for sale, stored or used in violation of this chapter.

Any person whose fireworks are seized may, within ten days after such seizure, petition the head of the department that seized the fireworks to return the fireworks seized upon the grounds that such fireworks were improperly seized. Any petition filed hereunder shall be considered by the head of the department that seized the fireworks within fifteen days after filing and an oral hearing granted the petitioner if requested. Notice of the decision of the department head shall be served upon the petitioner. The determination of the department head is final unless within sixty days an action is commenced in a court of competent jurisdiction for the recovery of the seized fireworks. Any seized fireworks shall be destroyed or disposed of in a safe and legal manner. (Ord. 850 § 6, 2009: Ord. 708 § 1 (part), 1999).

7.24.050 Violations—Penalty.

Any person, firm, corporation or association violating or failing to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in a sum not exceeding one thousand dollars or by imprisonment in the jail for a period not to exceed ninety days or by both such fine and jail. (Ord. 708 § 1 (part), 1999).