Chapter 5.120
FIREWORKS

Sections:

5.120.010    Definitions.

5.120.020    Activities requiring permit.

5.120.030    Application for permit.

5.120.040    Appeals.

5.120.050    Permit revocation.

5.120.060    Prohibited fireworks.

5.120.070    Violation – Civil infraction.

5.120.080    Limitation of liability.

5.120.010 Definitions.

The definitions set forth in the following sections of the Revised Code of Washington (RCW), as now exist or as hereafter may be amended, are hereby adopted by reference as part of this chapter in all respects as though such sections were set forth herein in full: RCW 70.77.126, 70.77.131, 70.77.136, 70.77.141, 70.77.160, 70.77.205, 70.77.210, and 70.77.215.

“Enforcement officer” shall include for purposes of this chapter and RCW 7.80.040, as it now exists or as it may hereafter be amended, the fire official and any law enforcement officer.

“Fire official” shall mean the acting fire marshal of the city of Wenatchee.

“Possess” shall mean to have control of fireworks within the city and includes both actual possession and constructive possession. “Actual possession” occurs when the person with control has physical possession. “Constructive possession” occurs when the person with control does not have physical possession. (Ord. 2016-10 § 1)

5.120.020 Activities requiring permit.

In addition to a license issued by the State Director of Fire Protection, a person shall be required to obtain a city permit to:

(1) Manufacture, produce, package, store, or sell at wholesale, fireworks; and

(2) Make a public display of fireworks. (Ord. 2016-10 § 1)

5.120.030 Application for permit.

(1) An applicant for any permit required under this chapter shall make written application, accompanied by tender of a fee of $250.00, to the fire official, at least 45 days prior to the activity for which the permit is sought. The form of the application and the criteria for issuance, denial or issuance with conditions shall be the same as used by the State Director of Fire Protection in processing applications for the corresponding state license. It is the intent of this subsection that the city permit follow the provisions and procedures for state licenses as closely as practical.

(2) Because the use of consumer fireworks is prohibited in the city at all times pursuant to WCC 5.120.060, no permit for retail sale shall be granted.

(3) The fire official shall have 10 days to process a complete permit application. Should the fire official find an application to be complete and in compliance with all the requirements of state statutes and regulations and all provisions of the city code, the fire official shall, in the case of:

(a) A public display of fireworks: file the application with the city council, along with the recommendation for its grant, denial or grant with conditions, to be scheduled for consideration at the next available regular council meeting.

(b) All other permits: grant, deny, or grant with conditions the application. (Ord. 2016-10 § 1)

5.120.040 Appeals.

(1) An appeal of a decision granting or denying a license shall be filed with the city clerk within 14 calendar days after service of the decision on the applicant and shall be heard by the hearing examiner in an open record hearing in accordance with WCC 13.11.030 for review of such determination, which review shall be completed within 45 calendar days of the date of receipt of the notice of appeal. Appeals shall be subject to an administrative appeal fee in accordance with WCC 1.99.010.

(2) Decisions of the hearing examiner may be appealed to the Chelan County superior court. Notices of appeal shall be filed and served on all necessary parties within 21 calendar days of the date of decision. Notice of the appeal and any other pleadings required to be filed with the court to initiate the appeal shall be served on the parties within the applicable time period. The appeal shall be a closed record appeal based on the administrative record. (Ord. 2016-10 § 1)

5.120.050 Permit revocation.

The city may revoke the applicant’s permit for noncompliance with this chapter or any other applicable city codes in accordance with WCC Title 16. (Ord. 2016-10 § 1)

5.120.060 Prohibited fireworks.

No person may sell, possess, discharge, or make any other use of any fireworks in the city of Wenatchee, except:

(1) Agricultural and wildlife fireworks; and

(2) A public display of fireworks as permitted under this chapter. (Ord. 2016-10 § 1)

5.120.070 Violation – Civil infraction.

(1) Violation. A first violation of this chapter shall be a Class 1 civil infraction.

(2) Repeat Violation. A second and subsequent violation of this chapter shall be a misdemeanor.

(3) Chapter 7.80 RCW Sections Adopted by Reference. The following sections of the Revised Code of Washington (RCW), as now exist or may hereafter be amended, are hereby adopted by reference as part of this chapter in all respects as though such sections were set forth herein in full: RCW 7.80.005, 7.80.010, 7.80.020, 7.80.030, 7.80.040, 7.80.050, 7.80.060, 7.80.080, 7.80.090, 7.80.100, 7.80.110, 7.80.120, 7.80.130, and 7.80.160. (Ord. 2016-10 § 1)

5.120.080 Limitation of liability.

None of the provisions of this chapter are intended to create a cause of action or provide the basis for a claim against the city, its officials or employees for the performance or failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public. (Ord. 2016-10 § 1)