Chapter 9.20
FIREWORKS
Sections:
9.20.020 Possession, use, sale, and discharge of fireworks unlawful.
9.20.030 Permit required for public display.
9.20.050 Issuance – Nontransferable – Voiding.
9.20.060 Application for public display permit.
9.20.070 Standards for public fireworks displays.
9.20.080 Action by city council.
9.20.090 Issuance of – Nontransferable.
9.20.100 Special effects for entertainment media.
9.20.120 Penalties for violations.
Prior legislation: Ords. 479, 1235, 1241, 1376, 1592, 1778, 1942, 2031, 2409, 2529, 2737 and 2890.
9.20.010 Definitions.
The definitions of Chapter 70.77 RCW, as now enacted or subsequently amended, are adopted by reference and shall govern the construction of this chapter, when applicable. (Ord. 3014 § 1 (Exh. A), 2016).
9.20.020 Possession, use, sale, and discharge of fireworks unlawful.
(1) It is unlawful for any person 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) Duly authorized public displays, as provided in Chapter 70.77 RCW; and
(b) Duly authorized use by religious organizations or private organizations or persons for religious or other specific purposes on an approved date and in an approved location, as provided in RCW 70.77.311, and authorized by the Marysville fire marshal.
(2) Trick and novelty devices, as defined by state law, are not fireworks for the purposes of this chapter.
(3) This chapter does not prohibit the use of torpedoes, flares, or fusees by motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities. (Ord. 3014 § 1 (Exh. A), 2016).
9.20.030 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. 3014 § 1 (Exh. A), 2016).
9.20.040 Permit fees.
The fee for inspections related to a permit, processing, and issuing the same shall be $100.00, 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 $5,000 for any one permit. (Ord. 3014 § 1 (Exh. A), 2016).
9.20.050 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. 3014 § 1 (Exh. A), 2016).
9.20.060 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 Marysville fire marshal at least 30 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:
(1) 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);
(2) Evidence of a bond issued by an authorized surety or a certificate of public liability insurance;
(3) A drawing showing a plan view of the fireworks discharge site and the surrounding area within a 500-foot radius;
(4) The exact location, date and time of the proposed display; and
(5) The number, type and class of fireworks to be displayed, 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. 3014 § 1 (Exh. A), 2016).
9.20.070 Standards for public fireworks displays.
(1) 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.
(2) All public fireworks displays must be planned, organized, and discharged by a state-licensed pyrotechnician.
(3) A permit must be obtained from the city and approved by the fire marshal or designee prior to any public display of fireworks.
(4) 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 or fire prevention requires the public display to be cancelled.
(5) Areas of public access shall be determined by the fire marshal or designee and maintained in an approved manner. (Ord. 3014 § 1 (Exh. A), 2016).
9.20.080 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 this chapter 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. 3014 § 1 (Exh. A), 2016).
9.20.090 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 with the date, time, and place specified. No permit shall be transferable without express approval by the city council. (Ord. 3014 § 1 (Exh. A), 2016).
9.20.100 Special effects for entertainment media.
Any person desiring to assemble, compound, use, or display articles pyrotechnic or special effects in the production of motion pictures, radio or television productions, or live entertainment shall apply for a permit utilizing the procedures of this chapter. Such special effects shall be under the direction and control of a pyrotechnic operator licensed by the state of Washington. (Ord. 3014 § 1 (Exh. A), 2016).
9.20.110 Enforcement.
(1) The fire 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 municipal code.
(2) The police chief and commissioned police officers of the Marysville police department are authorized to enforce all provisions of this chapter. (Ord. 3014 § 1 (Exh. A), 2016).
9.20.120 Penalties for violations.
(1) Any person possessing, using, discharging, igniting, or exploding any consumer firework in violation of this chapter has committed a civil infraction.
(a) For a period of 365 days after the effective date of the ordinance codified in this chapter, a violation of this subsection shall be a Class 3 civil infraction.
(b) For the period beginning on the three-hundred-sixty-sixth day after the effective date of the ordinance codified in this chapter until the seven-hundred-thirtieth day after the effective date of the ordinance codified in this chapter, a violation of this subsection shall be a Class 2 civil infraction.
(c) Beginning on the seven-hundred-thirty-first day after the effective date of the ordinance codified in this chapter, a violation of this subsection shall be a Class 1 civil infraction.
(d) The penalties and assessments for each class of infraction shall be as set by state law. Base penalties shall be as set forth in RCW 7.80.120 as now enacted or subsequently amended. Public safety and education assessments shall be as set forth in RCW 3.62.090 as now enacted or subsequently amended. The base penalty amounts and public safety and education assessments at the time of the adoption of the ordinance codified in this chapter are shown in the table below. The table is for illustrative purposes only and the amount of the base fine and the public safety and education assessments shall be as provided by state law.
|
Class |
Base Penalty per RCW 7.80.120 |
Public Safety and Education Assessment per RCW 3.62.090(1) |
Public Safety and Education Assessment per RCW 3.62.090(2) |
Total Fine |
|---|---|---|---|---|
|
Class 1 |
250 |
175 |
88 |
$513 |
|
Class 2 |
125 |
88 |
44 |
$257 |
|
Class 3 |
50 |
35 |
18 |
$103 |
(2) Any person selling or transferring any consumer firework in violation of this chapter is guilty of a misdemeanor.
(3) Any person possessing, using, selling, transferring, discharging, igniting, or exploding any display firework in violation of this chapter is guilty of a gross misdemeanor.
(4) Any person possessing, using, selling, transferring, discharging, igniting, or exploding any dangerous firework, as defined by state law, is guilty of a gross misdemeanor.
(5) Any fireworks that are possessed or used in violation of this chapter may be confiscated. (Ord. 3014 § 1 (Exh. A), 2016).