Chapter 8.09
FIREWORKS

Sections:

8.09.005    Statutory provisions – Adoption by reference – Scope.

8.09.010    Statutory authority implemented.

8.09.020    Applicability of provisions.

8.09.030    Fireworks – Prohibited.

8.09.035    Definitions.

8.09.040    Permit – Required for all sales.

8.09.050    Permit – Fee.

8.09.060    Permit – Limit.

8.09.070    Permit – Valid for one outlet only and not transferable.

8.09.080    Permit – Issuance prerequisites, terms and conditions.

8.09.090    Permit – Application requirements – Issuance.

8.09.100    Permit – Application deadline and granting determination authority.

8.09.110    Sales and use – Days and hours permitted.

8.09.115    Discharge – Days and hours permitted.

8.09.120    Sales – Limited to temporary stands.

8.09.130    Temporary stands – Conditions and standards – Compliance required.

8.09.140    Enforcement – Fire chief license revocation authority.

8.09.150    Pioneer and Fort Walla Walla Parks – Restrictions on fireworks.

8.09.155    Fireworks – Prohibited.

8.09.160    Public displays of fireworks.

8.09.170    Debris removal – Public requirement.

8.09.180    Statutory and administrative provisions – Amendments or changes included.

8.09.190    Filing of provisions for public examination.

8.09.005 Statutory provisions – Adoption by reference – Scope.

A. RCW Chapter 70.77, as amended, is adopted by reference as and for the ordinances of the city regulating the sale, possession and use of common and special fireworks as if set forth in full in this section, except as provided in subsection B of this section or as otherwise provided or limited by the provisions of this chapter.

B. Sections not adopted. None. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.010 Statutory authority implemented.

This chapter is intended to implement Chapter 228 of Laws of 1961 of the state of Washington and shall be construed in connection with said law and any and all rules or regulations issued pursuant thereto. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.020 Applicability of provisions.

The provisions of this chapter shall apply to the sale of all fireworks as defined herein and in RCW Chapter 70.77, except as to the sale of toy caps and sparklers. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.030 Fireworks – Prohibited.

No person may sell, purchase, discharge, use or possess in the city any of the following fireworks:

A. Sky rocket – tubes. Sky rockets contain a wooden stick for guidance and stability and rise into the air upon ignition. A burst of color or noise or both is produced at the height of the flight;

B. Missile-type rocket – device similar to a sky rocket in size, composition and effect, that uses fins rather than a stick for guidance and stability;

C. Firecracker or salute – small paper-wrapped or cardboard tube. Upon ignition, noise and a flash of light are produced;

D. Chaser – small paper or cardboard tube that travels along the ground upon ignition. A whistling effect, or other noise, is often produced;

E. Jumping jacks;

F. “Special fireworks” as defined in WAC 212-17-040 and “display fireworks” as defined in RCW 70.77.131;

G. “Agricultural and wildlife fireworks” as defined in RCW 70.77.141 and WAC 212-17-045;

H. “Special effects” as defined in RCW 70.77.146;

I. Any firework devices which do not satisfy all the chemical content and construction requirements of WAC 212-17-050;

J. Any fireworks larger, in terms of size or amount of pyrotechnic composition, than specified in this section;

K. Any firework specifically designed to produce a loud noise such as whistles, explosions or reports;

L. Any firework device not defined as a nonaerial common firework. (Ord. 2003-10 § 1, 2003: Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.035 Definitions.

“Nonaerial common fireworks” means any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen-foot diameter circle or emit sparks or other burning material which land outside a twenty-foot diameter circle or above a height of twenty feet. Nonaerial common fireworks do not include firecrackers, jumping jacks, or similar products. (Ord. 2003-10 § 2, 2003).

8.09.040 Permit – Required for all sales.

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. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.050 Permit – Fee.

The annual permit fee for the sale of fireworks and/or the public display of fireworks as may be authorized under this chapter shall be one hundred dollars per year, per stand, outlet or public display, payable in advance. (Ord. 2003-10 § 3, 2003: Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.060 Permit – Limit.

No person, firm or corporation shall receive more than one permit for the sale of fireworks during any one calendar year. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.070 Permit – Valid for one outlet only and not transferable.

A permit granted pursuant to this chapter shall entitle the permittee to maintain only one retail outlet. All permits issued pursuant hereto shall be used only by the designated permittees and shall be nontransferable. Any transfer or purported transfer of such a permit shall be deemed a violation of this chapter. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.080 Permit – Issuance prerequisites, terms and conditions.

A permit for the sale of fireworks shall be issued only upon the following terms and conditions:

A. State Permit or License. The applicant shall have a valid and subsisting license or permit issued by the state authorizing the holder thereof to engage in the fireworks business.

B. Stand Ownership. The applicant shall own or have the right to possess a temporary fireworks stand complying with the standards hereinafter set forth for temporary fireworks stands.

C. Liability Insurance. The applicant shall procure and maintain a policy or policies of public liability insurance in a company or companies rated A or better by A.M. Best Company in the amount of one million dollars combined single limit or bodily injury and/or property damage.

D. Location and Business. The permittee’s location or place of business shall be only in those areas or zones within the city wherein commercial activities are authorized under the applicable city zoning laws; provided, that the sale of fireworks shall not be deemed an enlargement of an existing nonconforming use, and; provided further, that no fireworks shall be sold in any residential area where a commercial enterprise does not exist.

E. Bond. The applicant shall post with the city a performance bond or cash deposit in an amount not less than fifty dollars, 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 the temporary stand and cleans up all debris to the satisfaction of the proper city officials. In the event of his failure so to do, the performance bond or cash deposit shall be forfeited to the city. In no event shall the applicant be entitled to a return of the performance bond or cash deposit if he has failed to remove the temporary stand and clean up all debris by July 10th of each year. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.090 Permit – Application requirements – Issuance.

The applications are to be filed with the fire department. All applications for permits shall be made in person by the individual or authorized representative of the firm or corporation applying for the permit, and all requirements, including liability insurance, bond, permit fee and a diagram of the stand location shall be furnished by the applicant. The fire chief shall investigate qualifications of the applicant and, if approved, shall cause a permit to be issued upon the payment of the stipulated fee. The making of an application for permit by any wholesale or retail distributor of fireworks in the name of another person, firm or corporation named as the retail seller may be grounds for denial of a permit. (Ord. 95-16 § 1, 1995: Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.100 Permit – Application deadline and granting determination authority.

No permits shall be issued for a given calendar year prior to April 1st of each year. All applications for permits must be received by the fire department prior to June 1st of each year. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.110 Sales – Days and hours permitted.

Fireworks meeting the requirements of this chapter may be offered for sale by permittees only between the hours of nine a.m. and eleven p.m. on July 1st, 2nd, and 3rd, between the hours of nine a.m. on July 4th and twelve a.m. on July 5th, and between the hours of six p.m. on December 31st and one a.m. on January 1st. (Ord. 2003-10 § 4, 2003: Ord. 98-15 § 1, 1998: Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.115 Discharge – Days and hours permitted.

Approved fireworks may be discharged only between the hours of nine a.m. on July 4th and twelve a.m. on July 5th, and between the hours of six p.m. on December 31st and one a.m. on January 1st. (Ord. 2003-10 § 5, 2003).

8.09.120 Sales – Limited to temporary stands.

All fireworks except toy caps and sparklers shall be sold only from temporary stands. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.130 Temporary stands – Conditions and standards – Compliance required.

The temporary stands of all permittees shall conform to the following minimum standards and conditions:

A. Construction. Temporary fireworks stands need not comply with all provisions of the building code of the city; provided, however, that all such stands shall be erected under the supervision of the fire chief or his duly authorized representative, who shall require all stands to be constructed in a safe manner insuring the safety of the attendants and patrons. In the event any temporary stand is wired for electricity, then the wiring shall conform to the National Electrical Code.

B. Location. No temporary fireworks stand shall be located within twenty feet of any other building or structure nor within fifty feet of any gasoline station, oil storage tank or premises where flammable liquids are kept or stored.

C. Exits. Each temporary fireworks stand must have at least two exits which shall be unobstructed at all times.

D. Fire Extinguishers. Each temporary fireworks stand shall have in a readily accessible place not less than two fire extinguishers duly approved in advance by the fire chief or his duly authorized representative.

E. Clearing Area. All weeds, grass and combustible materials shall be cleared from the location of the temporary fireworks stand and the surrounding area a distance of not less than twenty feet measured from the exterior walls on each side of said temporary fireworks stand.

F. No Smoking. No smoking shall be permitted in or near a temporary fireworks stand and the same shall be posted with proper “no smoking” signs.

G. Adult Attendant. Each temporary fireworks stand shall have an adult in attendance at all times. No child or children under the age of eighteen years shall be allowed inside any temporary fireworks stand.

H. Removal of Unsold Stock. All unsold stock and accompanying litter shall be removed from said temporary fireworks stand by twelve noon on the sixth day of July of each year.

I. Vehicles. No vehicles shall be allowed within twenty feet of a fireworks stand.

J. Open Flame. No open flame shall be allowed within fifty feet of any fireworks stand.

K. Discharge. It shall be the responsibility of the attendant to not allow the discharge of fireworks within fifty feet of any fireworks stand.

L. Purchase Age. It is unlawful for any person or corporation to knowingly sell or give fireworks to anyone under the age of sixteen unless that person is under the direct supervision of an adult, eighteen years of age or older. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.140 Enforcement – Fire chief license revocation authority.

The fire chief, or his duly authorized representative, is designated as the enforcing officer of this chapter. In addition to all the grounds for revocation of permits set forth in the general provisions of this title, any failure or refusal on the part of the permittee to obey any rule, regulation or request of the fire chief concerning the sale of fireworks shall be grounds for revocation of a fireworks permit. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.150 Pioneer and Fort Walla Walla Parks – Restrictions on fireworks.

The sale, purchase, discharge, use and possession of fireworks by any person in Pioneer and Fort Walla Walla Parks is prohibited. A violation of this section is an infraction. A person found to have committed an infraction hereunder shall be assessed a monetary penalty which shall not exceed two hundred fifty dollars for each separate infraction. (Ord. 2003-15 § 1, 2003: Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.155 Fireworks – Prohibited.

A. It is unlawful to use or discharge fireworks in the following areas between eleven a.m. and ten p.m. on July 4th:

The public right-of-way of Whitman Street between Division Avenue and Easy Street; the public right-of-way of Easy Street; the public right-of-way of Roosevelt Avenue between Whitman Street and Ruth Street; Bridge Street between Whitman Street and Ruth Avenue; and the Pioneer Middle School grounds.

It is also unlawful to discharge fireworks into or toward the aforementioned areas between eleven a.m. and ten p.m. on July 4th. For purposes of this section, “public right-of-way” shall include public streets and sidewalks. A violation of this section is an infraction. A person found to have committed an infraction hereunder shall be assessed a monetary penalty which shall not exceed two hundred fifty dollars for each separate infraction.

B. It is unlawful to use or discharge fireworks in the following areas between eight p.m. and eleven p.m. on July 4th:

The public right-of-way of Myra Road from Plaza Way to Poplar Street; the public right-of-way of Poplar Street from Myra Road to the northeast corner of the Grand Cinema property located at 1325 W. Poplar; the public right-of-way of Dalles Military Road from Myra Road to the east entrance to Business One Circle located approximately one thousand five hundred feet east of Myra Road; the Veterans Administration grounds located at 77 Wainwright; Blue Ridge Elementary School grounds located at 1150 W. Chestnut; the Grand Cinema property located at 1325 W. Poplar Street; and the grounds of Fort Walla Walla including those portions which border Poplar Street, Myra Road, Dalles Military Road and the Veterans Administration property and the portion of Fort Walla Walla located north of Rancho Villa Estates located on Dalles Military Road and south of the Veterans Administration grounds.

It is also unlawful to discharge fireworks into or toward the aforementioned areas between eight p.m. and eleven p.m. on July 4th. For purposes of this section, “public right-of-way” shall include public streets and sidewalks. A violation of this section is an infraction. A person found to have committed an infraction hereunder shall be assessed a monetary penalty which shall not exceed two hundred fifty dollars for each separate infraction. (Ord. 2003-15 § 2, 2003: Ord. 97-18 § 1, 1997).

8.09.160 Public displays of fireworks.

Notwithstanding the provisions of Sections 8.09.030, 8.09.150 and 8.09.155 of this chapter, a public display of fireworks in, on or above the areas described in Sections 8.09.150 and 8.09.155 on July 4th of each year may occur provided that a permit is applied for and issued in accordance with the provisions of RCW 70.77.260 through 70.77.295. (Ord. 2003-10 § 6, 2003: Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.170 Debris removal – Public requirement.

Any individual who leaves the remains of fireworks which he/she has discharged on public property shall be in violation of RCW 70.93.060 and shall be prosecuted accordingly. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.180 Statutory and administrative provisions – Amendments or changes included.

The amendment, addition or repeal by the Washington State Legislature or state agency having jurisdiction of any section of any of the adopted statutes or administrative provisions shall be deemed to amend this chapter and the statutes and administrative provisions contained in this chapter which are adopted by reference in conformity with the amendment, addition or repeal, and it shall not be necessary for the legislative authority of this city to take any action with respect to such addition, amendment or repeal as provided by RCW 35A.12.140. (Ord. 95-7 § 1(Exh. A)(part), 1995).

8.09.190 Filing of provisions for public examination.

Incident to the adoption of the ordinance codified in this chapter, copies of the text of the adopted statutes and administrative provisions shall be filed in the office of the city clerk, as required by RCW 35A.12.140 for use and examination by the public. In addition, the office of the city clerk is authorized to codify and number the sections and subsections of the ordinance codified in this chapter to provide for uniformity and consistency with existing codifications and ordinances. (Ord. 95-7 § 1(Exh. A)(part), 1995).