Chapter 8.24
FIREWORKS*
Sections:
8.24.010 Interpretation, implementation and enforcement.
8.24.020 Periods of authorized use or sale.
8.24.022 Sales--Permit required.
8.24.026 License effective when.
8.24.030 Things not prohibited designated.
8.24.032 Ability to suspend use of fireworks.
8.24.035 Enforcement--Fire chief authority.
8.24.040 Construction of chapter.
8.24.045 State provisions control.
8.24.050 Penalty for violation of chapter.
* For statutory provisions concerning fireworks in general, see RCW Ch. 70.77; for provisions authorizing local authorities to grant permits under certain conditions, see RCW 70.77.280.
8.24.010 Interpretation, implementation and enforcement.
A. For purposes of interpretation, implementation and enforcement, the provisions of this chapter and any other provision of the municipal code are intended to augment Chapter 70.77 RCW, as now existing or hereafter amended or succeeded, and any provision of Chapter 212-17 WAC issued pursuant to the authority granted in Chapter 70.77 RCW, each of which shall be deemed to have been adopted by reference to the extent not inconsistent with the provisions of this chapter, and shall be construed in connection with that law and any and all rules or regulations issued pursuant thereto.
B. This implementation shall include the application of and compliance with the following:
1. As to retail sales, the provisions of RCW 70.77.255, 70.77.260, 70.77.265, and 70.77.270, each as now existing or hereafter amended or succeeded.
2. As to public displays, the provisions of RCW 70.77.280, 70.77.285, 70.77.290, and 70.77.295, each as currently existing or hereafter amended or succeeded. (Ord. 1153 §4, 2016: Ord. 407 §§1, 2, 1958).
8.24.020 Periods of authorized use or sale.
It shall be unlawful to sell or discharge consumer fireworks, as that term is defined in Chapter 70.77 RCW, as now existing or hereafter amended or succeeded, except within such time periods as may be set by the provisions of Chapter 70.77 RCW or this chapter, whichever period shall be more restrictive; provided, that the discharge of such fireworks shall not be allowed during any period other than upon July 3rd, July 4th, December 31st, and January 1st of the calendar year within the hours authorized by the provisions of RCW 70.77.395 for such days; provided, that nothing in this chapter shall be construed to prohibit public displays of fireworks by amusement parks, municipalities, fair associations, and other persons, organizations or groups of individuals where such displays are authorized by permits issued by the state official authorized to issue such permits, when and if required by state law, or by permit issued by the fire chief of the city or his or her designee. (Ord. 1153 §1, 2016).
8.24.022 Sales--Permit required.
The sale of fireworks shall be allowed within the corporate limits of the city so long as any person, firm or corporation carrying forth such sale first obtains and maintains in force a business license. The business license required hereunder shall be issued only upon the following terms and conditions:
A. The applicant shall have and maintain a valid and existing license or authorization issued by the state of Washington authorizing the holder thereof to engage in the retail sale of fireworks.
B. The facilities on which the fireworks are sold shall comply with all rules and regulations which may be applicable thereto whether issued by the state or any agency thereof or the fire marshal of the city of Elma and shall be subject to inspection by the fire marshal at all times.
C. The applicant shall provide proof of insurance of such form as may be satisfactory to the designated broker of the city naming the city as a named insured relating to the hazards arising out of the sale of fireworks or their storage; said policy to have a minimum level of five hundred thousand dollars per person and five hundred thousand dollars per incident. (Ord. 746 §2, 1982).
8.24.026 License effective when.
Any license issued pursuant to the provisions of this chapter shall be for a period of one year and shall be deemed to run from the first day of January of each year to the thirty-first day of December each year, but shall not give authorization to sell fireworks, except during the period specified in Section 8.24.024 of this chapter. (Ord. 746 §5, 1982).
8.24.030 Things not prohibited designated.
Nothing in this chapter shall be construed to prohibit the use of explosives producing a visible or audible effect for the purpose of signaling, nor shall it be construed to prohibit the sale and use of firearms and fixed ammunition therefor, or the sale and use of blank cartridges in shows or theaters, or for signal or ceremonial purposes in athletics or sports events, or by any military organization. (Ord. 407 §4, 1958).
8.24.032 Ability to suspend use of fireworks.
During periods of extreme fire danger, the fire chief or his or her designee may prohibit the discharge of all fireworks; provided, that in the event the fire chief is unavailable and no written designation of a designee has been made, the police chief or her or his designee shall have this authority.
For purposes of deciding whether or not this condition exists, the decision will be based upon review of appropriate factors, which may include but is not limited to information, the status of weather conditions of the recent past and as forecast, information from state agencies, including the Office of the State Fire Marshal and Department of Natural Resources, and consultation with staff of other fire departments or districts in the county. (Ord. 1153 §2, 2016).
8.24.035 Enforcement--Fire chief authority.
Enforcement and implementation of this chapter shall be as follows:
A. The fire chief of the city or his or her duly authorized representative is designated as one of the enforcing officers of this chapter. In addition to criminal sanctions or civil remedies which may be imposed, the fire chief or his or her designee shall have the authority to suspend or revoke by written notification setting forth the bases for such action any license issued whenever a licensee has violated any provision of this chapter or provisions of Chapter 70.77 RCW or Chapter 212-17 WAC. Any licensee the license of which has been revoked or suspended shall have a right to appeal this suspension to the city council as provided in Section 8.24.060.
B. The police chief or any officer of the police department is authorized to enforce all provisions of this chapter, including issuance of citations or notices of infractions for violation of this chapter or any provision of Chapter 70.77 RCW or any WAC adopted pursuant thereto. (Ord. 1153 §5, 2016: Ord. 746 §3, 1982).
8.24.040 Construction of chapter.
This chapter shall be construed so as to be uniform with the ordinance of Grays Harbor County on the subject of fireworks, except where a reasonable interpretation of this chapter otherwise requires. (Ord. 407 §5, 1958).
8.24.045 State provisions control.
In recognition of the state preemption in this area, any provision of Chapter 70.77 RCW, as now existing or hereafter amended or succeeded, which is in conflict with a provision of this chapter shall be deemed to control and be deemed to have been adopted by reference. (Ord. 1123 §5, 2013).
8.24.050 Penalty for violation of chapter.
Any person who violates or knowingly or intentionally fails to comply with any provisions of this chapter shall be deemed to have committed an infraction. Upon a finding of committed, the person shall be subject to a penalty of up to two hundred fifty dollars for the first violation during any six-month period and up to five hundred dollars for the second and succeeding violations found to have been committed within that six-month period. (Ord. 1153 §6, 2016: Ord. 407 §6, 1958).
8.24.060 Appeal process.
Any appeal of any decision made by the designated official or the city council pursuant to the provisions of this chapter shall be taken under the provisions of Part V of the Administrative Procedures Act, as now existing or hereafter amended or succeeded. (Ord. 1153 §3, 2016).