Chapter 5.32
FIREWORKS
(effective until June 27, 2024)
Sections:
5.32.010 Adoption of state provisions.
5.32.030 Sale, possession and discharge of fireworks.
5.32.060 Unlawful possession or discharge.
5.32.070 Unlawful sale or transfer.
5.32.010 Adoption of state provisions.
RCW 70.77.111 through 70.77.580, the State Fireworks Law, relating to the manufacture, importation, possession, sale, discharge, display or transportation of fireworks is adopted by reference as though fully set forth in this chapter. (Ord. 600 § 1, 1997).
5.32.020 Definitions.
As used in this chapter:
“Common fireworks” means any fireworks designed primarily to produce visual or audible effects by combustion.
1. The term includes:
a. Ground and hand-held sparkling devices, including items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, and flitter sparklers;
b. Smoke devices;
c. Fireworks commonly known as helicopters, aerials, spinners, roman candles, mines and shells;
d. Class C explosives classified on January 1, 1984, as common fireworks by the United States Department of Transportation.
2. The term does not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets and missile-type rockets.
“Fireworks” means any composition device, in a finished state, containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and classified as common or special fireworks.
“Retailer” means any person who, at a fixed location or place of business, sells, transfers, or gives common fireworks to a consumer or user.
“Special fireworks” means any fireworks designed primarily for exhibition display by producing visible or audible effects. The term includes:
1. Fireworks commonly known as skyrockets, missile-type rockets, firecrackers, salutes, and chasers; and
2. Fireworks not classified as common fireworks.
“Wholesaler” means any person who sells fireworks to a retailer or any other person for resale and any person who sells special fireworks to public display licensees. (Ord. 600 § 1, 1997).
5.32.030 Sale, possession and discharge of fireworks.
A. Toy pistols, toy canes, toy guns or other similar devices in which paper caps containing not more than twenty-five one-hundredths grain of explosive compound for each cap may be sold at all times.
B. Common fireworks may be purchased or sold within the city limits from 9:00 a.m. on the twenty-eighth of June to 12:00 noon on the sixth of July of each year, and from 9:00 a.m. on the twenty-seventh of December to 11:00 p.m. on the thirty-first of December of each year.
C. Common fireworks may be used or discharged only between the hours of 9:00 a.m. and 11:00 p.m. on the twenty-eighth day of June to the sixth of July, and on July 4th between the hours of 9:00 a.m. and 12:00 midnight, and from 6:00 p.m. on December 31st until 1:00 a.m. on January 1st of the subsequent year.
D. The sale, use and possession of special fireworks or any other fireworks not described in subsections A and B of this section shall be unlawful unless sold, possessed or used in accordance with the provisions of Chapter 70.77 RCW. (Ord. 600 § 1, 1997).
5.32.040 Permits.
A. Any person, firm or corporation selling fireworks within the city, either as a wholesale dealer or as a retail dealer, shall be required as a condition of such operation to secure from the director’s office a permit for such sale of fireworks. The fee for such permits shall be effective for the full calendar year in which the permit is secured. The director is directed to issue such permits to those dealers complying with the terms of this chapter and Chapter 70.77 RCW upon application and payment of the permit fee. The permit is in addition to a business license that may be required under Chapter 5.02 YMC.
B. The original and annual permit fee shall be $30.00 for each separate retailer or retail outlet.
C. A person who sells fireworks without a permit is guilty of a misdemeanor. (Ord. 1046 § 13, 2018; Ord. 600 § 1, 1997).
5.32.050 Unlawful transfer.
Any person who knowingly sells, transfers or agrees to sell or transfer within the city any special fireworks to any person who is not a fireworks licensee as provided for in Chapter 70.77 RCW shall be guilty of a gross misdemeanor. (Ord. 600 § 1, 1997).
5.32.060 Unlawful possession or discharge.
It is unlawful for any person within the city to:
A. Possess fireworks which are not authorized by the terms of this chapter or authorized to be in the possession of a licensee pursuant to Chapter 70.77 RCW. Possession of less than one pound of said unauthorized fireworks, exclusive of external packaging, shall constitute a misdemeanor and possession of one pound or more of said nonauthorized fireworks, exclusive of external packaging, shall constitute a gross misdemeanor. For purposes of this subsection, the term “external packaging” means any materials that are not an integral part of the operative unit of the fireworks.
B. Discharge or use common fireworks within the city except between the hours of 9:00 a.m. and 11:00 p.m. on the twenty-eighth day of June to the sixth of July, and on July 4th between the hours of 9:00 a.m. and 12:00 midnight, and from 6:00 p.m. on December 31st until 1:00 a.m. on January 1st of the subsequent year shall constitute a misdemeanor.
C. Discharge or otherwise use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another shall constitute a gross misdemeanor.
D. Allow rubbish to accumulate in any premises in which fireworks are stored or sold or to permit a fire nuisance to exist on such premises shall constitute a misdemeanor. (Ord. 600 § 1, 1997).
5.32.070 Unlawful sale or transfer.
It is unlawful for any person to sell or transfer any common fireworks to a consumer or user other than at a fixed place of business of a retailer for which a license and permit have been issued. Violation of the terms of this section shall constitute a gross misdemeanor. (Ord. 600 § 1, 1997).