Chapter 5.16
FIREWORKS
Sections:
5.16.020 Retail fireworks sales—Permit required.
5.16.030 Application for annual retail fireworks sales permit.
5.16.040 Investigation and granting of retail fireworks sales permits.
5.16.050 License from State Patrol Fire Protection Bureau required.
5.16.060 Sales—Limited to temporary stands.
5.16.070 Fireworks—Time of sale and use.
5.16.080 Fireworks prohibited.
5.16.110 Public display of fireworks—Permit required.
5.16.120 Application for public display of fireworks permit.
5.16.130 Investigation and granting of public display permits.
5.16.150 Seizure of fireworks.
5.16.160 Suspension, denial or revocation of permit.
5.16.170 Emergency authority to forbid the discharge of fireworks.
5.16.010 Purpose.
The purpose of this chapter is to supplement the State Fireworks Law, Chapter 70.77 RCW. The provisions of this chapter shall be construed and applied in accordance with the definitions, requirements and prohibitions of said state law and all rules and regulations issued by the Chief of the Washington State Patrol pursuant thereto. (Ord. 1405 § 2 (part), 2014).
5.16.020 Retail fireworks sales—Permit required.
It is unlawful for any person, firm, partnership, corporation, association or other entity to engage in the retail sale of fireworks, or in any other activity for which a city permit is required under RCW 70.77.255, within the city without first obtaining the appropriate permit from the city. (Ord. 1405 § 2 (part), 2014).
5.16.030 Application for annual retail fireworks sales permit.
Applications which are incomplete or submitted late will not be processed. No person less than eighteen years of age may apply for or be issued a permit under this chapter. An application for an annual retail fireworks sales permit shall be made on forms prescribed by the city and shall:
(a) Be signed by an officer of the corporation, association or other entity who will operate the stand and be submitted to the office of the finance director no later than May 1st of the year for which the permit is desired; and
(b) Contain the street address and telephone number where any fireworks stock will be stored if not left in the stand, including the name of the person(s) responsible for each storage location; and
(c) Set forth the exact location of the fireworks stand for which application is made; and
(d) Include a certificate of insurance with the city and the applicant as named insured. Policy limits shall be not less than one million dollars combined single limit for bodily injury and property damage per occurrence, unless such insurance is not readily available from at least three approved insurance companies. If insurance in this amount is not offered, each fireworks permit shall be covered by a liability insurance policy in the maximum amount offered by at least three different approved insurance companies; and
(e) Be accompanied by a permit fee of one hundred dollars for each retail sales outlet per selling season. The selling seasons are June 28th through July 5th and December 27th through December 31st. In addition, a detailed construction plan of each proposed stand and plot plan shall be submitted with the application, showing parking configurations and traffic lanes, and proposed barricaded or roped-off areas; and
(f) Contain an affirmation by the applicant that the applicant shall familiarize all persons working in its retail fireworks stand(s) with the provisions of Chapter 212-17 WAC; and
(g) Be accompanied by a permission letter signed by the property owner, or owner’s authorized representative, authorizing the applicant’s use of the property for retail fireworks sales. (Ord. 1405 § 2 (part), 2014).
5.16.040 Investigation and granting of retail fireworks sales permits.
Upon receiving an application for a retail fireworks sales permit authorized under RCW 70.77.260(1), the fire chief shall investigate the application and submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the city administrator who shall forward a copy of the report to the city council.
The city council shall grant the application for a permit if the application meets the standards set forth in the State Fireworks Law, Chapter 70.77 RCW, the regulations of the Chief of the Washington State Patrol, Chapter 212-17 WAC, and the applicable ordinances of the city. The city council shall grant or deny the application within thirty days of receipt of the application.
The number of retail fireworks sales permits issued within or by the city of Othello shall be limited to two stands. Only nonprofit entities organized under Section 501(c)(3) through (10) of the Internal Revenue Code of 1986 that is exempt from tax under Section 501(a) of the code shall be eligible to receive a retail fireworks sales permit. If more than two eligible entities apply for a retail fireworks sales permit, permits shall be granted by lottery. No entity shall receive more than one permit for the sale of fireworks during any one calendar year. All permits issued shall be used only by the designated permittee and shall be nontransferable.
The permit shall be posted in a conspicuous place on or in the retail stand so as to be readily visible from outside the stand. (Ord. 1405 § 2 (part), 2014).
5.16.050 License from State Patrol Fire Protection Bureau required.
It shall be unlawful for any person, firm, partnership, corporation, association or other entity to engage in the retail sale of fireworks within the city of Othello without first obtaining a license from the Director of the Washington State Patrol Fire Protection Bureau. The license from the Director of the Washington State Patrol Fire Protection Bureau shall be current during all retail sales of fireworks within the city of Othello. (Ord. 1405 § 2 (part), 2014).
5.16.060 Sales—Limited to temporary stands.
All retail sales of fireworks shall be permitted only from within a temporary fireworks stand, or other structure which is in compliance with applicable provisions of the State Fireworks Law, Chapter 70.77 RCW, and administrative regulations promulgated thereunder. Fireworks stand may only be located in a commercial zone established by the city. WAC 212-17-21509 and 212-17-21513. (Ord. 1405 § 2 (part), 2014).
5.16.070 Fireworks—Time of sale and use.
Fireworks may be issued, fired or discharged during the following periods:
(a) Sale and purchase of legal consumer fireworks. Legal consumer fireworks may only be sold and purchased within the city of Othello, Washington, on the following dates and times:
From nine o’clock a.m. to ten o’clock p.m. on each day from the first of July to the third of July, and from nine o’clock a.m. to eleven o’clock p.m. on the fourth of July of each year.
From twelve o’clock noon to ten o’clock p.m. from the twenty-eighth of December through the thirtieth of December, and from twelve o’clock noon to eleven o’clock p.m. on the thirty-first of December of each year.
(b) Use and discharge of legal consumer fireworks. Legal consumer fireworks may be used or discharged within the city of Othello, Washington, on the following dates and times:
(1) Between the hours of nine o’clock a.m. and ten o’clock p.m. from the first of July to the third of July, and on the fourth of July between the hours of nine o’clock a.m. to twelve o’clock midnight.
(2) Between the hours of six o’clock p.m. on the thirty-first of December until one o’clock a.m. on the first of January of the subsequent year.
Except as provided above, the sale or discharge of consumer fireworks is prohibited. (Ord. 1405 § 2 (part), 2014).
5.16.080 Fireworks prohibited.
No person may sell, use or possess in the incorporated areas of the city of Othello any illegal firework; and/or
(a) Any fireworks devices which do not satisfy all the chemical content and construction requirements of WAC 212-17-050.
(b) Any fireworks devices not meeting the definition of those “consumer fireworks” listed in WAC 212-17-035. (Ord. 1405 § 2 (part), 2014).
5.16.090 Prohibited areas.
The sale, purchase, discharge, use or possession of fireworks will be strictly prohibited in all city of Othello parks. (Ord. 1405 § 2 (part), 2014).
5.16.100 Minimum age.
(a) It shall be unlawful for any person or corporation to sell or give fireworks to anyone under sixteen years of age.
(b) It shall be unlawful for a parent, guardian or other person responsible for a child under age sixteen years to allow that child to possess, use, discharge or transport any fireworks unless that child is under the immediate supervision of an adult (eighteen years old or older).
(c) It shall be unlawful for any person under the age of sixteen years to possess, use, discharge or transport fireworks unless that person is under the immediate supervision of an adult (eighteen years old or older). (Ord. 1405 § 2 (part), 2014).
5.16.110 Public display of fireworks—Permit required.
It shall be unlawful for any person to make a public display of fireworks within the city of Othello without having first obtained a permit to do so. (Ord. 1405 § 2 (part), 2014).
5.16.120 Application for public display of fireworks permit.
Applications which are incomplete or submitted late will not be processed. No person less than eighteen years of age may apply for or be issued a permit under this chapter. An application for a permit for the public display of fireworks shall be made on forms prescribed by the city and shall:
(a) Be submitted to the office of the finance director no later than thirty days prior to the public display; and
(b) State the name of the organization sponsoring the display, if other than the applicant; and
(c) State the date the display is to be held and the exact location for the display; and
(d) State 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; and
(e) State the number of set pieces, shells (specify single or multiple break), and other items; and
(f) State the manner and place of storage of such fireworks prior to the display; and
(g) Include a diagram of the grounds 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, the location of all nearby trees, telegraph or telephone lines, or other overhead obstruction; and
(h) Include evidence of a bond issued by a surety company authorized to do business in the state of Washington. The bond amount shall be not less than fifty thousand dollars and one million dollars for bodily injury liability for each person and event, respectively, and not less than twenty-five thousand dollars for property damage liability for each event, and shall be conditioned upon the applicant’s payment of all damages to persons or property resulting from or caused by such public display of fireworks, or any negligence on the part of the applicant or its agents, servants, employees, or subcontractors in the presentation of the display. Instead of a bond, the applicant may include a certificate of insurance evidencing the carrying of appropriate liability insurance in the amount required by RCW 70.77.295 for the benefit of the person named therein as assured, which shall include the city of Othello, as evidence of ability to respond in damages; and
(i) Include documentary proof of procurement of a general license for the public display of fireworks from the Director of Fire Protection; and
(j) Be accompanied by a permit fee of five hundred dollars per display. (Ord. 1405 § 2 (part), 2014).
5.16.130 Investigation and granting of public display permits.
Upon receiving an application for permit for public display of fireworks authorized under RCW 70.77.260(2), the fire chief shall investigate the application and submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the city administrator who shall forward a copy of the report to the city council.
The city council shall grant the application for a permit if the application meets the standards set forth in the State Fireworks Law, Chapter 70.77 RCW, the regulations of the Chief of the Washington State Patrol, Chapter 212-17 WAC, and the applicable ordinances of the city.
All permits issued shall be used only by the designated permittee and shall be nontransferable. (Ord. 1405 § 2 (part), 2014).
5.16.140 Violation—Penalties.
Every person who violates any of the provisions of this chapter shall have committed a code infraction and shall be punished by a payment of a civil penalty not to exceed five hundred dollars for each separate offense. If any violation is continuing, each day’s violation shall be deemed as a separate violation.
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. (Ord. 1405 § 2 (part), 2014).
5.16.150 Seizure of fireworks.
Any fireworks which are illegally sold, offered for sale, used, discharged, possessed, or transported in violation of the provisions of the State Fireworks Law, Chapter 70.77 RCW, the regulations of the Chief of the Washington State Patrol, or city ordinance are subject to seizure. Upon such seizure of any fireworks, proceedings for forfeiture shall commence pursuant to the procedures set forth in RCW 70.77.440. (Ord. 1405 § 2 (part), 2014).
5.16.160 Suspension, denial or revocation of permit.
If an application for a retail fireworks sales permit or other permit authorized under RCW 70.77.260 is denied, the city administrator shall so notify the applicant in writing. The notice shall indicate the reasons for denial and advise the applicant of his/her right to appeal. The applicant, within five days, may file a written request for a hearing with the city administrator. The city administrator or his/her designee shall hold a hearing within three business days from receipt of the appeal. The applicant shall have the burden of proof. A written decision on the appeal shall be issued within two working days following the hearing.
Any permit issued hereunder may be revoked or suspended, as provided herein, by the city administrator upon giving one day’s notice. The fire chief or designee may suspend or revoke such permit effective immediately whenever necessary to prevent serious injury to person(s), property or the public peace, health, safety or welfare. Written notice of suspension or revocation shall be delivered to the organizer, applicant, or to the operator or manager of the activity authorized by the permit.
The applicant shall have the right to appeal the suspension or revocation of a permit by filing a written appeal with the city administrator no later than the next working day from date of suspension or revocation. A hearing on the appeal shall occur before the city administrator or designee on or before the next working day following receipt of the appeal. The applicant shall have the burden of proof. A written decision of the appeal shall be issued no later than the next working day following the hearing. If the city administrator or designee determines that the permit should not be revoked or should no longer be suspended, the permit shall be reinstated. The suspension or revocation of the permit shall not be stayed during the pendency of the appeal. In the event that a permit is reinstated, the appeal period shall not extend the time period for which the permit is issued. (Ord. 1405 § 2 (part), 2014).
5.16.170 Emergency authority to forbid the discharge of fireworks.
(a) Upon making a finding that extraordinary conditions, including, but not limited to, weather conditions and/or limited fire flow capacity, could cause the discharge of fireworks in the city to pose a substantial threat of fires or public calamity to private properties and even to the lives of Othello residents during a specific time period, the city council is authorized to declare an emergency forbidding the discharge of fireworks in the city of Othello for the duration of such time period.
(b) Upon the city council’s finding that such an emergency does exist and merits the forbidding of the discharge of fireworks with the city of Othello, during the time period that the council specifies, any person who is found to have discharged a firework or fireworks in the city of Othello, during that time period, shall be subject to a civil violation of two hundred fifty dollars per occurrence.
(c) In accordance with RCW 70.77.126, the term “firework” or “fireworks” is defined to mean any composition or device designed to produce a visible or audible effect by combustion, deflagration or detonation. (Ord. 1438, 2015).