Chapter 9.12
FIREWORKS

Sections:

9.12.025    State statutes and regulations adopted by reference.

9.12.030    Purchase, sale, discharge and use of fireworks prohibited.

9.12.040    

9.12.130    Repealed.

9.12.140    Public display of fireworks – Rules – Investigation – Permit.

9.12.150    Violation – Penalties.

9.12.160    Repealed.

Prior legislation: Ords. 1258, 1395, 1463, 1510, 1515, 1958, 2183, 2506, 2656, 2683, 2699 and 2840.

9.12.025 State statutes and regulations adopted by reference.

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 in full herein:

RCW

70.77.255(1),

(2) and (3)    Acts prohibited without appropriate license.

70.77.260(2)    Application for public display permit.

70.77.285    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. 3396 § 1, 2021; Ord. 3306 § 2 (Exh. 2), 2018; Ord. 3196 § 1, 2016; Ord. 3066 § 1, 2014)

9.12.030 Purchase, sale, discharge and use of fireworks prohibited.

A. It is unlawful for any person, firm or corporation to purchase, sell or manufacture any fireworks within the city.

B. 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.

C. 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. 3396 § 1, 2021; Ord. 3306 § 2 (Exh. 2), 2018; Ord. 3196 § 1, 2016; Ord. 3066 § 3, 2014)

9.12.040 Investigation and granting of permits – Number issued by city.

Repealed by Ord. 3066. (Ord. 3007 § 1, 2013)

9.12.050 Permit required.

Repealed by Ord. 3066. (Ord. 3007 § 1, 2013)

9.12.060 License from State Patrol Fire Protection Bureau required.

Repealed by Ord. 3066. (Ord. 3007 § 1, 2013)

9.12.070 Cleanup – Cash debris bond.

Repealed by Ord. 3066. (Ord. 3007 § 1, 2013)

9.12.100 Fireworks stands – Operators.

Repealed by Ord. 3066. (Ord. 3007 § 1, 2013)

9.12.110 Fireworks stands – Compliance with state and local laws and regulations.

Repealed by Ord. 3066. (Ord. 3007 § 1, 2013)

9.12.120 Fireworks stands – Additional regulations.

Repealed by Ord. 3066. (Ord. 3007 § 1, 2013)

9.12.130 Fireworks – Time of sale and use.

Repealed by Ord. 3066. (Ord. 3007 § 1, 2013)

9.12.140 Public display of fireworks – Rules – Investigation – Permit.

The fire marshal shall be authorized to adopt reasonable rules for the issuance or denial of a permit for a public display of fireworks. Following receipt of an application for a permit under RCW 70.77.260(2) for a public display of fireworks, 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 fire marshal shall submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the city clerk who shall forward the report to the city council. The city council shall grant the application if it meets the requirements of Chapter 70.77 RCW and this chapter. (Ord. 3404 § 3 (Att. A), 2021; Ord. 3396 § 1, 2021; Ord. 3306 § 2 (Exh. 2), 2018; Ord. 3196 § 1, 2016; Ord. 3007 § 1, 2013)

9.12.150 Violation – Penalties.

Unless a specific penalty is prescribed in this chapter, anyone who violates any provision of this chapter or any of the conditions of any permit issued hereunder, or who causes another to do so, shall be guilty of a misdemeanor, punishable by a fine not to exceed $1,000 and 90 days’ imprisonment in the city jail.

In addition, violation(s) of any of the provisions of this chapter or any of the conditions imposed upon a permit issued hereunder shall subject the permit to suspension or revocation, as provided herein.

In addition, or alternatively, violation(s) of any of the provisions of this chapter or any of the conditions imposed upon a permit issued hereunder shall subject the applicant to a daily civil penalty in the amount provided by LMC 1.01.080. (Ord. 3396 § 1, 2021; Ord. 3306 § 2 (Exh. 2), 2018; Ord. 3196 § 1, 2016; Ord. 3007 § 1, 2013)

9.12.160 Suspension, denial or revocation of permit.

Repealed by Ord. 3066. (Ord. 3007 § 1, 2013)