Chapter 8.16


8.16.010    Intent.

8.16.020    Permit required.

8.16.030    Application and fee.

8.16.040    Permit issuance.

8.16.050    Permitting preference.

8.16.060    Fireworks stand locations.

8.16.070    Operation of stands.

8.16.080    Violation – Penalty.

8.16.010 Intent.

It is the intent of this section to provide a procedure for the granting of permits and for the sale of consumer fireworks as that term is defined in WAC 212-17-035. (Ord. 2011-01 § 1, 2011).

8.16.020 Permit required.

It is unlawful to engage in the retail sale of fireworks within the town without having first obtained an annual fireworks sales permit from the town clerk. (Ord. 2011-01 § 2, 2011).

8.16.030 Application and fee.

Persons seeking an annual fireworks sales permit shall complete and submit an application on a form as prescribed by the town clerk and pay a $10.00 annual application fee. (Ord. 2011-01 § 3, 2011).

8.16.040 Permit issuance.

A. Fireworks sales permits shall only be issued to applicants meeting the following qualifications:

1. Nonprofit, charitable, religious, or eleemosynary corporations organized and existing primarily for veteran, patriotic, religious, charitable, or civic betterment purposes; and

2. Said corporation or association has its principal and permanent meeting place in the town and has been organized and established in the town for a period of at least one year prior to the date the application is made for the fireworks sales permit.

B. The application shall be made on or prior to the second Tuesday in April of each year. Applicants desiring a permit for the retail sale of fireworks must submit a written application to the town’s fire chief. Upon receipt of such an application, the town’s fire chief shall investigate the application and submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the town council or the council’s designee for the purpose of receiving such reports. The town council, or its designee, shall grant such application if the application meets the standards devised by Chapter 70.77 RCW, Chapter 212-17 WAC, and any local regulations adopted by the town.

C. Applicants for a permit shall be notified by the town of the granting or rejection of their application on or before April 28th of each year.

D. Any applicant whose application is denied shall be refunded their $10.00 application fee.

E. A fireworks sales permit shall only cover one retail sales outlet.

F. No organization may receive more than one application per calendar year. (Ord. 2011-01 § 4, 2011).

8.16.050 Permitting preference.

Applications for the renewal of permits will be given preference over applicants not previously permitted; provided, that if the holder of the permit fails to make application by the second Tuesday in April, said preference shall be forfeited. (Ord. 2011-01 § 5, 2011).

8.16.060 Fireworks stand locations.

Fireworks stands shall only be permitted in commercial zones and must be separated by at least 300 feet. (Ord. 2011-01 § 6, 2011).

8.16.070 Operation of stands.

A. No person other than the permittee organization or affiliates shall operate the stand for which the permit is issued, or share or otherwise participate in the benefits of the stand.

B. Fireworks stand operators shall comply with all RCW and WAC requirements governing the operation of fireworks stands including but not limited to WAC 212-17-185, 212-17-198, 212-17-203, 212-17-21503, 212-17-21505, 212-17-21507, 212-17-21509, 212-17-21511, 212-17-21513, 212-17-21515, 212-17-21517, and 212-17-21519.

C. It is unlawful to offer for retail sale, expose for retail sale, or sell at retail any fireworks within the town except from 12:00 noon on June 28th to 9:00 p.m. on July 4th of each year. (Ord. 2011-01 § 7, 2011).

8.16.080 Violation – Penalty.

Any person or entity who violates, disobeys, omits or neglects or refuses to comply with or resist the enforcement of any of the provisions of the ordinance codified in this chapter is guilty of a misdemeanor and shall upon conviction be punished by a fine not to exceed $500.00 or by imprisonment for not more than 30 days or may be punished by both such fine and imprisonment; provided, that each separate day of violation shall constitute a separate violation of the ordinance codified in this chapter. (Ord. 2011-01 § 8, 2011).