Chapter 8.08
FIREWORKS
(Effective until August 7, 2024)
Sections:
8.08.030 Permit for public display.
8.08.050 Special purchase and use permits.
8.08.060 Individual use, possession and discharge permit.
8.08.070 Permit for sale of consumer fireworks.
8.08.080 Sale of consumer fireworks from temporary stand – Standards and conditions.
8.08.090 Permissible dates on which consumer fireworks shall be sold and discharged.
8.08.100 Unclassified fireworks – Sale, possession, etc., prohibited.
8.08.110 Nonprohibited commodities and acts.
8.08.130 Seizure and forfeiture.
8.08.140 Seizure without process permitted.
8.08.160 Violation – Each day a separate, continuing offense.
8.08.005 Statement of policy.
The city of Zillah, Washington, has determined that it is in the best interest of the residents of and visitors to the city that the sale, possession and use of fireworks within the city be regulated for the purpose of the public health, safety and welfare. This chapter sets forth rules and regulations relating to the sale, possession and discharge of fireworks together with permit and enforcement provisions. (Ord. 1506 § 2, 2020)
8.08.010 Definitions.
A. The words and phrases herein used for the purpose of this chapter shall have the meanings respectively ascribed to them in this section, or as they may be amended in Chapter 70.77 RCW, except in those instances where the context clearly indicates a different meaning.
1. “Articles pyrotechnic” means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UNO431 or UNO432 by the United States Department of Transportation at 49 CFR Section 172.101 as of June 13, 2002.
2. “City” shall mean the city of Zillah, Washington.
3. “Consumer fireworks” means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 CFR Parts 1500 and 1507, and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 mg or less of explosive materials, and aerial devices containing 130 mg or less of explosive materials and classified as UN0336 fireworks by the United States Department of Transportation at 49 CFR Section 172.101 as of June 13, 2002, and not including fused set pieces containing components which together exceed 50 mg of salute powder.
4. “Display fireworks” means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as “consumer fireworks” and are classified as UN0333, UN0334, or UN0335 fireworks by the United States Department of Transportation at 49 CFR Section 172.101 as of June 13, 2002, and including fused set pieces containing components which exceed 50 mg of salute powder.
5. “Fire chief” shall be the designated fire chief for the city.
6. “Fire nuisance” means anything or any act which increases, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay, or hindrance to, the prevention or extinguishment of fire.
7. “Fireworks” means any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation, and which meets the definition of articles pyrotechnic or consumer fireworks or display fireworks.
8. “Permit” means the official authorization granted by the city for the public, special or individual use, possession or discharge of fireworks.
9. “Person” includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
10. “Public display of fireworks” means an entertainment feature where the public is or could be admitted or allowed to view the display or discharge of display fireworks.
11. “Pyrotechnic operator” includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging display fireworks.
12. “Permittee” means a person to whom a permit has been issued pursuant to the provisions of ZMC 8.08.060.
13. “Sale at retail” includes any sale or transfer, including contracts or orders for sales or transfers, wherein any person at a fixed location or place of business sells, transfers or gives fireworks to a consumer or user.
14. “Sale at wholesale” includes a sale or transfer to a retailer or any other person for resale, and which also includes any sale or transfer of display fireworks to public display licensees. (Ord. 1506 § 2, 2020)
8.08.020 Fireworks ban.
Except as otherwise provided in this chapter, it is unlawful for any person to store, sell, offer for sale, expose for sale, use, possess, ignite or discharge any fireworks. (Ord. 1506 § 2, 2020)
8.08.030 Permit for public display.
A. Application – Public Display of Fireworks. It shall be unlawful for any person to make a public display of fireworks within the city of Zillah without having first obtained a permit to do so. Applications for public display permits shall be submitted to the city administrator or his/her designee on forms provided for that purpose and shall be accompanied by a fireworks application fee, as set forth in the most current city rates ordinance, for each display. The mayor is authorized, however, to waive the fireworks application fee for student organizations. Application shall be made at least 10 days in advance of the proposed date of public display of fireworks.
B. Fire chief or his/her designee shall investigate whether the character and location of the display as proposed would be hazardous or dangerous to any person or property. Based on the investigation, the fire chief or his/her designee shall submit a report of findings and recommendation for or against the issuance of the permit, together with reasons, to the city administrator. City administrator may grant or deny the application and may place reasonable conditions on any such permit issued.
C. A permit for the public display of fireworks shall not be issued unless the person applying for the permit is a holder of a valid license issued by the State Fire Marshal to make such a display. If the city administrator grants a permit for the public display of fireworks, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit shall be transferable. Every public display of fireworks shall be handled or supervised by a competent and experienced pyrotechnic operator approved by the city fire chief or his/her designee.
D. Insurance. The applicant for a permit for a public display of fireworks shall, at the time of application, submit his/her license issued by the State Fire Marshal for inspection. In addition, the applicant shall submit to the city administrator, or his/her designee, a certificate of insurance in an amount not less than $1,000,000 combined single limit covering bodily injury liability, property damage liability, including products liability, premises liability, and contractual liability for each event respectively. Such certificate of insurance shall also name, as additional insured parties, the city of Zillah, its officers and employees acting in their capacity as agents of the city. The city administrator or his/her designee with the assistance of the city attorney, if needed, shall approve such certificate of issuance if it meets the requirements of this section. (Ord. 1506 § 2, 2020)
8.08.040 Reserved.
(Ord. 1506 § 2, 2020)
8.08.050 Special purchase and use permits.
Religious organizations, private organizations, or persons may apply for a special purchase and use permit authorizing the purchase, possession, use and discharge of fireworks for single individual and special events or occasions as authorized as follows:
A. Application – Special Purchase and Use Permit. Applications for a special purchase and use permit shall be submitted to the city administrator or his/her designee on forms provided for that purpose and shall be accompanied by the fireworks application fee as set forth in the most recent city rates ordinance. The application shall set forth the date, time, location, event and such other information as may be required by city administrator. The waiver of the application fee may be done subject to approval from the mayor, in writing.
B. Fire chief or his/her designee shall investigate whether the character and location of the proposed use would be hazardous or dangerous to any person or property. Based on such investigation, fire chief or his/her designee shall submit a report of findings and recommendation for or against issuance of the permit, together with reasons, to the city administrator. City administrator may grant or deny the application and may place reasonable conditions on any such permit issued.
C. No special purchase and use permit is transferable. If such permit is issued, it shall be lawful only for the user(s) set forth in the permit.
D. Conditions on Application/Applicant. A permit authorized by this section shall be further limited as follows:
1. Fireworks shall be purchased from a manufacturer, importer or wholesaler licensed pursuant to Chapter 70.77 RCW;
2. Use shall be allowed only on prescribed dates and at identified locations; and
3. Use shall be for religious or other approved specific purposes.
E. Insurance. Applicant shall file with city administrator or his/her designee a certificate of insurance in the amount of $1,000,000. Such insurance shall be combined single limit covering bodily injury liability, including products liability, premises liability, and contractual liability, with the applicant named as insured thereon and which insurance certificate shall also name, as additional insured parties, the city of Zillah, its officers and employees acting in their capacity as agents of the city. (Ord. 1506 § 2, 2020)
8.08.060 Individual use, possession and discharge permit.
A. Notwithstanding the general fireworks ban set forth in ZMC 8.08.020, residents of the city of Zillah may apply for an individual use, possession and discharge permit from the city authorizing the applicant to possess, use, ignite and/or discharge consumer fireworks during the dates and times set forth below.
B. Application for Individual Permit. Any resident of the city of Zillah may submit an application for individual fireworks permit, together with the fireworks application fee, to the city administrator. City administrator may issue, deny, or condition the issuance of an individual fireworks permit on the following:
1. As of the date of the application, the applicant shall be a resident of the city of Zillah and such application be accompanied by the application fee that is listed in the most recent city rates ordinance;
2. As of the date of the application, the applicant shall have attained the age of 18 years. Proof of an applicant’s age shall be made by presenting the city with some form of current, governmentally issued photographic identification, such as a driver’s license, identification card, passport, or military identification;
3. Applicant shall identify the address of the real property at which the applicant desires to possess, use, ignite, and/or discharge consumer fireworks;
4. The applicant shall be the owner, lessee or otherwise authorized occupant of the real property at which consumer fireworks shall be possessed, used, ignited, and/or discharged. If the applicant is a lessee of the real property, the application must also be signed by the owner of the real property;
5. A certificate of insurance establishing that, as of the date of the application, the applicant maintains and has in place a comprehensive liability insurance policy applicable to and covering the real property at which the applicant desires to possess, use, ignite, and/or discharge consumer fireworks that provides coverage for bodily injury liability, property damage liability, including products liability, premises liability, and contractual liability; and
6. In the event the city grants a permit to the applicant, the applicant agrees to defend, indemnify and hold the city harmless against any claims or causes of action arising out of, or based upon, the applicant’s possession, use, igniting, and/or discharge of consumer fireworks and/or the city’s issuance of a permit to the applicant;
7. If the city issues an individual fireworks permit, the city will also provide the permittee with a sign reflecting that such a permit has been granted. During the period of time during which the permittee’s permit is valid, the sign shall be posted in a location on the real property to which the permit pertains that is conspicuous, visible, and unobstructed from plain view from the street, sidewalk, or public right-of-way. The permittee shall return the sign to the city within 72 hours of the expiration of their permit. A permittee who fails to comply with the requirements of this section shall be subject to a civil fine in the amount of $75.00 and will be ineligible to apply for a similar permit in the following calendar year. This penalty is in addition to whatever criminal penalty may be imposed against such person pursuant to this chapter.
8. In addition to the fireworks use application fee, the applicant shall be solely responsible for the prompt removal and cleaning up of all debris from the site. Applicant shall pay to city a deposit as established by city to secure and assure that such cleanup is completed by July 5th. The deposit shall be returned to the applicant (in the next available accounts payable run) only in the event that the applicant removes and cleans up all debris to the satisfaction of the fire chief or his representative. In the event the applicant fails to comply with this subsection, the cash deposit shall be forfeited to the city. In no event shall the applicant be entitled to the return of said deposit if the applicant has failed to remove and clean up all debris within 24 hours or by 5:00 p.m. on July 5th of each year.
9. Any time a permittee is using, igniting, and/or discharging consumer fireworks pursuant to a permit issued under this section, the permittee shall have a hose connected to a water source on the real property to which the permit pertains that is of sufficient length to allow the permittee to douse with water a fire that may arise on said property resulting from the use, igniting, and/or discharging of consumer fireworks thereon. In addition, the permittee shall have a bucket or similar vessel that is capable of holding and storing five gallons of liquid on the property to which the permit pertains for the purpose of dousing any such fire with water. A permittee who fails to comply with the requirements of this section shall be subject to a civil fine as defined in ZMC 8.08.150 and will be forever ineligible to apply for a similar permit in the future. This civil penalty is in addition to whatever criminal penalty may be imposed against such person pursuant to this chapter.
10. The issuance of the permit does not grant approval to use, ignite, and/or discharge consumer fireworks within the public right-of-way. A permittee who uses, ignites, and/or discharges consumer fireworks other than that identified in the application for said permit shall be subject to a civil fine as defined in ZMC 8.08.150 and will forever be ineligible to apply for a similar permit in the future.
11. A permit issued pursuant to this section is nontransferable. A permittee whose permit is posted or displayed anywhere on real property other than that identified in the application for said permit shall be subject to a civil fine as defined in ZMC 8.08.150. This civil penalty is in addition to whatever criminal penalty may be imposed against such person pursuant to this chapter.
12. If any fireworks are discharged on real property for which a permit has not been issued pursuant to this section, the owner of said real property shall be subject to criminal liability and a civil fine as defined in ZMC 8.08.150. (Ord. 1506 § 2, 2020)
8.08.070 Permit for sale of consumer fireworks.
A. 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. Application for sale permit for consumer or his/her designee shall be on forms provided for that purpose and shall be accompanied by a fireworks application fee as set forth in the most recently adopted city rates ordinance. The permit fee shall be paid in advance of any fireworks sales.
B. No person, firm or corporation shall receive more than one permit for the sale of fireworks during one calendar year.
C. A permit for the sale of fireworks shall be issued only upon the following terms and conditions:
1. The applicant shall have a valid and subsisting license issued by the state authorizing the holder thereof to engage in the fireworks business;
2. The applicant shall own or have the right to possess a temporary fireworks stand, complying with the standards set forth in this chapter;
3. The applicant shall procure and maintain a policy of policies and public liability and property damage insurance by company or companies approved by the city in the following amounts:
a. One hundred thousand dollars or more for injuries to any one person in any one accident or occurrence;
b. Three hundred thousand dollars or more for injuries to two or more persons in any one accident or occurrence;
c. One hundred thousand dollars for damage to property in any one accident or occurrence;
4. The applicant shall pay a cash deposit as per the most recently adopted city rates ordinance for 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 (in the next available accounts payable run) only in the event that the applicant removes said temporary stand and cleans up all debris to the satisfaction of the fire chief of the city. In the event that the applicant fails to comply with this subsection, the cash deposit shall be forfeited to the city. In no event shall the applicant be entitled to the return of said cash deposit if the applicant has failed to remove said temporary stand and to clean up all debris by the tenth day of July of each year.
D. A permit granted pursuant to this chapter for the sale of fireworks shall entitle the permittee to maintain only one retail outlet. Any permit issued pursuant to this chapter shall be used by the designated permittee and shall not be transferable to any other person. Any transfer and purported transfer of such a permit shall be deemed a violation of this chapter. (Ord. 1506 § 2, 2020)
8.08.080 Sale of consumer fireworks from temporary stand – Standards and conditions.
A. All consumer fireworks except “toy caps” shall be sold only from temporary fireworks stands.
B. The temporary firework stands of all permittees shall conform to the following minimum standards and conditions:
1. Temporary fireworks stands need not comply with the provisions of the city’s building code; provided, however, that all such stands shall be erected under the supervision of the city’s fire chief, or his duly authorized representative, who shall require all stands to be constructed in a safe manner, ensuring the safety of attendants and patrons. In the event any temporary stand is wired for electricity, then the wiring shall conform with the city’s electrical code.
2. No temporary fireworks stand shall be located within (a) 20 feet of any other building or structure; or (b) 100 feet from any motor vehicle fuel dispensing station, retail propane dispensing station, flammable liquid storage, or combustible liquid storage (measurements will be taken from the pump, island, or dispensing device aboveground tank storage or lids of underground tanks to the temporary fireworks stand); or (c) 300 feet from any bulk storage of flammable or combustible liquid or gas, including bulk plant dispensing areas.
3. Each temporary fireworks stand shall have at least two exits which shall be unobstructed at all times.
4. Each temporary fireworks stand shall have, in a readily accessible place, a fire extinguisher duly approved in advance by the fire chief of the city or his duly authorized representative.
5. All weeds, grass and combustible material shall be cleared from the location of the temporary fireworks stand and the surrounding area for a distance of not less than 20 feet measured from the exterior walls on each side of said temporary fireworks stand.
6. No smoking shall be permitted in or near a temporary fireworks stand, and the temporary fireworks stand shall be posted with a sign indicating that smoking is prohibited.
7. At all times that the temporary fireworks stand is open for business, there must be at least one employee of the fireworks stand present who is at least 18 years of age or older. No person under the age of 12 shall be allowed inside any temporary fireworks stand.
8. All unsold stock and any litter, debris, or any other materials shall be removed from the temporary fireworks stand. (Ord. 1506 § 2, 2020)
8.08.090 Permissible dates on which consumer fireworks shall be sold and discharged.
A. Consumer fireworks may be sold only at retail and are further limited to the requirements of this chapter. Consumer fireworks may only be sold at retail within the city from noon on July 1st through 10:00 p.m. on July 4th.
B. No person shall use, ignite or discharge any consumer fireworks pursuant to a permit issued in accordance with this chapter, except between the hours of noon to 10:30 p.m. on July 3rd and noon to midnight on July 4th, except for public displays authorized by permit issued pursuant to this chapter. (Ord. 1506 § 2, 2020)
8.08.100 Unclassified fireworks – Sale, possession, etc., prohibited.
The sale, transportation, possession or discharge of fireworks not marked with the manufacturer’s license number and the State Fire Marshal’s classification, as required by Chapter 70.77 RCW, is prohibited. (Ord. 1506 § 2, 2020)
8.08.110 Nonprohibited commodities and acts.
The provisions of this chapter shall not apply to any explosive or flammable compound, blasting caps or similar items used for industrial purposes, or to any blank cartridges for use by persons for bona fide ceremonial purposes, athletic or sports events or military ceremonies or demonstrations. This chapter shall not be construed so as to prohibit the use of torpedoes, flares or fuses by motor vehicles, railroads or other transportation agencies for signal purposes, or the assembling, compounding, use and display of fireworks of whatever nature by any person engaged in the production of motion pictures, theatricals, or operas when such use and display are a necessary part of the production and such person possesses a valid permit to purchase, possess, transport or use dangerous fireworks; nor shall this chapter prohibit any manufacturer, wholesaler, dealer or jobber having a license and a permit, if a permit is required by this chapter, from manufacturing or selling any kind of fireworks for direct shipment out of this state, manufacturing or selling at wholesale any dangerous fireworks to properly licensed persons holding a permit, if a permit is required by this chapter, or selling fireworks to persons having a license and a permit for public displays of fireworks. (Ord. 1506 § 2, 2020)
8.08.120 Enforcement.
A. The provisions of this chapter may be enforced by peace officers of the city’s police department, city code enforcement officers, the city’s fire chief, and any other employee for whom a limited commission has been granted to do so. Violations of any provision of Chapter 70.77 RCW or Chapter 212-17 WAC, this chapter, or a permit issued hereunder, or any failure or refusal on the part of the permittee to obey any rule, regulation or request of the fire chief or his/her designee concerning fireworks shall be grounds for the revocation of a fireworks permit.
B. Enforcement of this chapter shall not be construed for the particular benefit of any individual person or group of persons, other than the general public. In the event of a conflict between the intent of this section and any other section of this chapter, this section shall govern insofar as applicable.
C. The civil enforcement of this chapter shall be in accordance with the provisions of Chapter 8.12 ZMC and the appeal proceedings and procedure set forth in ZMC 8.12.120. (Ord. 1506 § 2, 2020)
8.08.130 Seizure and forfeiture.
Any fireworks prohibited by law shall be subject to seizure and forfeiture and no property rights will exist in them. (Ord. 1506 § 2, 2020)
8.08.140 Seizure without process permitted.
Seizure of fireworks without process may be made if the seizure is incidental to the discharge of fireworks in the manner or at the time not permitted by this chapter, in the presence of or witnessed by a law enforcement officer; or a law enforcement officer has probable cause to suspect that the seized fireworks were used or intended to be used in violation of this chapter. (Ord. 1506 § 2, 2020)
8.08.150 Violation – Penalty.
Failure to perform any act required by this chapter, or the performance of any act prohibited by this chapter, is designated as a violation and classified as a misdemeanor. Any person violating the provisions of this chapter, including any person who shall sell, possess or use fireworks without complying with this chapter, and with the stated provisions of Chapter 212-17 WAC and RCW 70.77.120 et seq., shall upon conviction thereof be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $500.00 or imprisoned for not more than 30 days, or both such fine and imprisonment. (Ord. 1506 § 2, 2020)
8.08.160 Violation – Each day a separate, continuing offense.
A person is guilty of a separate offense for each day during which he/she commits or continues a violation of any provision of this chapter. (Ord. 1506 § 2, 2020)