Chapter 8.04
FIREWORKS
Sections:
8.04.010 RCW adopted – Copies filed and authenticated.
8.04.020 Consumer fireworks sales permits.
8.04.010 RCW adopted – Copies filed and authenticated.
Except as otherwise provided herein, Chapter 70.77 RCW, State Fireworks Law, is hereby adopted by reference, including all future amendments or additions thereto. In accordance with RCW 35A.12.140, a copy of Chapter 70.77 RCW shall be authenticated and recorded with the Milton city clerk, and not less than one copy of such chapter in the form in which it was adopted shall forthwith be filed in the office of the Milton city clerk for use and examination by the public. (Ord. 1755 § 1, 2010).
8.04.020 Consumer fireworks sales permits.
A. Permit – Required. It is unlawful for any person, firm or corporation to engage in the retail sale of or to sell any fireworks within the city without first having obtained a permit pursuant to the provisions of this chapter. The fire chief shall grant or deny consumer fireworks sales applications made pursuant to this section.
B. Permit Fee. The annual permit fee shall be outlined in the city fee schedule.
C. Single Outlet Permitted – Nontransferability. A permit granted pursuant to this chapter shall entitle the permit holder to maintain only one retail outlet. All permits issued pursuant to this chapter shall be used only by the permit holder and shall be nontransferable. Any transfer or purported transfer of such a permit shall be deemed a violation of this chapter.
D. Maximum Number of Permits. No person, firm or corporation shall receive more than one permit for the sale of fireworks during any one calendar year. The maximum number of permits which may be issued pursuant to this chapter shall not exceed a total of four during any calendar year.
E. Permit Granting Preference. Permits shall be granted to those first filing a completed application form with the finance department with the permit fee and meeting all the necessary qualifications and requirements. However, no such permit shall be granted more than 364 days prior to July 4th or December 31st.
F. Conditions for Permit Issuance. A permit for the sale of fireworks shall be issued only upon the following terms and conditions:
1. The applicant shall have a valid and subsisting license issued by the state authorizing the holder thereof to engage in the fireworks business.
2. The applicant shall own or have the right to possess a temporary fireworks stand complying with the standards set forth in this chapter and in Chapter 212-17 WAC for temporary fireworks stands.
3. The applicant shall procure and maintain a policy or policies of public liability and property damage insurance in a company or companies approved by the city in the following amounts:
a. One hundred thousand dollars or more for bodily injury liability to each person;
b. Five hundred thousand dollars or more for bodily injury liability in any one accident or occurrence;
c. Fifty thousand dollars for damage to property in any one accident or occurrence.
4. The location or place of business shall be only in areas zoned as business district or light manufacturing district in the city of Milton zoning code.
5. The applicant shall post with the city a performance bond or cash deposit in an amount not less than $150.00, conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site of the temporary stand, which deposit shall be returned to the applicant only in the event that he removes said temporary stand and cleans up all debris to the satisfaction of the proper officials of the city. In the event of his failure to do so, said performance bond or cash deposit shall be forfeited to the city. In no event shall applicant be entitled to the return of said performance bond or cash deposit if he has failed to remove said temporary stand and clean up all debris by no later than 11:59 p.m., July 15th for the Fourth of July selling period or no later than 11:59 p.m., January 10th for the New Year’s selling season.
G. Restriction on Times for Sale of Fireworks. The sale of consumer fireworks shall not be permitted at any time except between the hours of 12:00 p.m. and 9:00 p.m. on June 28th, 9:00 a.m. and 9:00 p.m. on June 29th through July 4th, and 12:00 p.m. and 9:00 p.m. on December 27th through December 31st of any year.
H. Sale from Temporary Stand Required. All common fireworks except toy caps and sparklers shall be sold only from temporary stands.
I. Temporary Stand Specifications and Requirements. The temporary stands of all permit holders shall conform to the minimum standards and conditions as set forth in Chapter 212-17 WAC for the construction, use, operation, location, and cleanup of temporary structures for the retail sale of fireworks. Inspections of stands shall not be conducted until the fire chief or his or her designee has received the following:
1. A temporary use application;
2. Documentation of approval by the community development department;
3. A business license;
4. A copy of the state license required by Chapter 70.77 RCW; and
5. Proof of insurance as required by this section.
J. Restrictions on Sales of Fireworks Types. Only the following types of fireworks may be sold:
1. Sparkler: stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition.
2. Cylindrical fountain: cylindrical tubes containing pyrotechnic composition. Upon ignition, a shower of colored sparks and sometimes a whistling effect is produced. This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle if intended to be hand-held (handle fountain).
3. Cone fountain: cardboard or heavy paper cone containing pyrotechnic composition. The effect is the same as that of a cylindrical fountain.
4. Illuminating torch: cylindrical tube containing pyrotechnic composition. Upon ignition, colored fire is produced. May be spike, base or hand-held.
5. Wheel: pyrotechnic device attached to a post or tree by means of a nail or string. Each wheel may contain up to six driver units containing pyrotechnic composition. Upon ignition, the wheel revolves producing a shower of color and sparks and sometimes a whistling effect.
6. Ground spinner: small device similar to a wheel in design and effect, placed on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device.
7. Flitter sparkler: narrow paper tube containing pyrotechnic composition which produces color and sparks upon ignition. This device does not have a fuse for ignition. The paper at one end of the tube is ignited to make the device function.
8. Smoke device: tube or sphere containing pyrotechnic composition which, upon ignition, produces white or colored smoke as the primary effect. (Ord. 2032 § 1, 2021; Ord. 1755 § 1, 2010).
8.04.030 Fireworks discharge.
A. Restrictions on Times for Discharge. The discharge of consumer fireworks shall not be permitted at any time except during the following times and dates between the hours of 9:00 a.m. and 11:00 p.m. on the Fourth of July and between the hours of 6:00 p.m. on December 31st and 1:00 a.m. on January 1st of the subsequent year.
B. Restrictions on Possession, Use, Discharge and Detonation of Fireworks Types. Only the types of fireworks listed in MMC 8.04.020(J) may be possessed, used, discharged or detonated within the city of Milton, Washington, in accordance with the restrictions established in this chapter, except that for purposes of this section, “fireworks” do not include:
1. Flares for emergency operation.
2. Signal device to begin an athletic event or sport.
3. Use by military organizations.
4. Blank cartridges for show or theater. (Ord. 1755 § 1, 2010).
8.04.040 Display fireworks.
A. Permit – Required. Upon receiving an application for a public display of fireworks, the fire chief 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 chief shall make a written recommendation to the city council. The city council may issue the permit if the permit applicant meets the requirements of Chapter 212-17 WAC, including all future amendments or additions thereto, and the requirements of this chapter.
B. Bond or Insurance Requirement. A bond or certificate of insurance must be furnished to the fire chief before a permit is issued. The bond shall be in the amount of $1,000,000 and shall be conditioned upon the applicant’s payment of all damages to persons and property resulting from or caused by such display fireworks, or by any negligence on the part of the applicant or its agents, servants, employees or subcontractors in the presentation of the display. The certificate of insurance shall evidence a comprehensive general liability, including automobile coverage, insurance policy providing limits of $1,000,000 combined single limit, per occurrence and annual aggregate, no deductible, and naming the city of Milton as an additional insured.
C. License Requirement. A state certified pyrotechnics operator license is required for operators of display fireworks. (Ord. 1755 § 1, 2010).
8.04.050 Violation – Penalty.
A. Any person violating or failing to comply with the provisions of this chapter shall be guilty of a civil infraction and, upon conviction thereof, shall be punished by a fine not exceeding $1,000. Any violation of this chapter which also constitutes a violation of state law shall be punishable under state law penalties. In the case of a conviction for a violation of this chapter, the city’s fire marshal or designee may order the fireworks stand closed and may deny approval of a request by the person for a fireworks permit for the next year.
B. A person is guilty of a separate offense for each separate and distinct violation of any provisions of this chapter, and a person is guilty of a separate offense for each day during which he/she commits or allows to continue any violation of the provisions of this chapter.
C. Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this chapter or of Chapter 70.77 RCW shall be subject to seizure by any police officer or by the city’s fire marshal or his designee. (Ord. 1755 § 1, 2010).
8.04.060 Enforcing officer.
The fire chief of the city, or his/her duly authorized representative, is designated as the enforcing officer of the chapter. In addition to all the grounds for revocation of permits set forth in the general provisions of this chapter, any failure or refusal on the part of a permit holder to obey any rule, regulation or request of the fire chief concerning the sale of fireworks shall be grounds for the revocation of a fireworks license. (Ord. 1755 § 1, 2010).