Chapter 9.70
FIREWORKS*
Sections:
*Code reviser’s note: Section 3 of Ord. 2423 states, “This ordinance shall be in full force and effect on and after midnight June 28, 2007.”
9.70.010 Definitions.
The definitions of Chapter 70.77 RCW as now stated or hereafter amended shall govern the construction of this chapter, when applicable. RCW 70.77.120 through and including RCW 70.77.230 as now stated or hereafter amended are adopted by this reference and a copy of the same shall be kept on file in the office of the City Clerk for public use and inspection. (Ord. 2423 § 2, 2006).
9.70.020 General provisions.
A. Sale, Possession, Use and Discharge of Fireworks Unlawful. It is unlawful for any person to sell, possess, use, transfer, discharge, ignite or explode any fireworks, including but not limited to that which meets the definition of articles pyrotechnic or consumer fireworks or display fireworks, within Mountlake Terrace; provided, that this prohibition shall not apply to the following activities, when authorized by a state license and City permit:
1. Duly authorized public displays as provided herein; and
2. Duly authorized use by religious or private organizations or persons of consumer fireworks and such audible ground devices as firecrackers, salutes, and chasers if:
a. Purchased from a licensed manufacturer, importer, or wholesaler; and
b. For use on prescribed dates and locations; and/or
c. For religious purposes.
B. Exceptions. The sale, possession, or use of the following are exempted from this chapter:
1. “Trick and novelty devices” as defined by WAC 212-17-030; and
2. Special effects (which may be regulated by the International Fire Code); and
3. “Toy caps,” and as is otherwise exempt pursuant to RCW 70.77.311 as now stated, or as may be amended. (Ord. 2423 § 2, 2006).
9.70.030 Public display.
Public display of fireworks shall be in accordance with Chapter 70.77 RCW and Chapter 212-17 WAC and the following:
A permit will be required for all public displays of fireworks. Any person desiring to put on a public display of fireworks shall apply in writing to the City Manager for a permit at least 30 days in advance of the proposed display. The applicant shall submit information and evidence concerning the following:
A. The name of the organization sponsoring the display, if other than the applicant;
B. The date the display is to be held;
C. The exact location for the display;
D. The name and license number of the pyrotechnic operator who is to supervise discharge of the fireworks, and the name of at least one experienced assistant;
E. The number of set pieces, shells (specify single or multiple break), and other items;
F. The manner and place of storage of such fireworks prior to the display;
G. A diagram of the ground on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways and other lines of communication, the lines behind which the audience will be restrained, and the location of all nearby trees, telegraph or telephone lines, or other overhead obstruction;
H. Applicant shall procure and maintain public liability insurance with limits of not less than $1,000,000 for bodily injury to any one person in one accident or occurrence; $2,000,000 for bodily injury to two or more persons in any one accident or occurrence; and $500,000 property damage; or, at the option of the applicant, a combined single limit of $2,000,000 per occurrence. The insurance policy shall name the City as an additional insured and shall contain a provision that it will not be cancelled or reduced without 30 days’ advance written notice to the City. The applicant shall also procure a State Fire Marshal’s general license for the public display of fireworks;
I. No fee shall be charged for this permit consistent with RCW 70.77.311(2)(d) for public display of fireworks. (Ord. 2423 § 2, 2006).
9.70.040 Enforcement.
The Fire Marshal, 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 Marshal or designee, and/or to comply with any provisions of this chapter or other laws or regulations. (Ord. 2423 § 2, 2006).
9.70.050 Penalties.
A. Sale or Use of Fireworks. The sale, use, transfer, discharge, ignition or otherwise causing to explode fireworks in violation of the requirements of this chapter shall be a misdemeanor punishable by not more than 90 days in the county jail and/or a fine of not more than $1,000. Each occurrence shall be a separate violation hereof. The third violation, in any three-month period, shall be a gross misdemeanor punishable by not more than one year in the county jail and/or a fine of not more than $5,000.
B. Possession. Any fireworks held in violation of this chapter shall be subject to confiscation. The person that is found to be in possession of fireworks in violation of this chapter shall be subject to up to a $300.00 fine. (Ord. 2423 § 2, 2006).