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HomeMy WebLinkAboutITEM V-B CITIES’ CODE PROVISIONS REGULATING FIREWORKS KING COUNTY BurienSale of fireworks prohibited 5.30.020 CovingtonNo restrictions on who may sell 15.15.080 Des Moines Sale of fireworks generally prohibited 9.42.030 KentNo restrictions on who may sell 13.05.020 Maple ValleyNo restrictions on who may sell 8.10.040 Mercer Island No restrictions on who may sell 8.35.010 Permits shall be issued only to: North Bend 8.20.050Corporations or associations, organized and existing primarily for veteran, patriotic, religious, charitable or civic benefit purposes; and which corporations or associations have their principal meeting place within the city and which have been organized and established in the city for a period of at least one year prior to the date application is made for a license under this chapter. Renton Sale of fireworks generally prohibited 4-5-070(c)(83) Snoqualmie No restrictions on who may sell 8.30.030 TukwilaSale of fireworks prohibited 8.12.010 PIERCE COUNTY Bonney LakeNo restrictions on who may sell 5.14.110 Non-profits are exempt from the business license application and fee requirement FifeNo restrictions on who may sell 8.12.010 In total, may not exceed 1 permit for every 1500 residents Gig Harbor No restrictions on who may sell 8.20.070 In total, may not exceed 1 permit for every 500 residents Page 1 of 8 LakewoodNo restrictions on who may sell 8.68.030 MiltonNo restrictions on who may sell 8.04 In total, 4 licenses may issue in any given year RustonSale of fireworks generally prohibited 9.06.020 Sumner No restrictions on who may sell 8.08 In total, may not exceed 1 permit for every 3000 residents Tacoma Sale of fireworks generally prohibited 3.12.010 PuyallupNo restrictions on who may sell 16.20.110 Page 2 of 8 AUBURN CITY CODE - Fireworks (current) Chapter 8.24 FIREWORKS Sections: 8.24.010 RCW adopted – Copies filed and authenticated. 8.24.020 Restriction on times for sale and discharge of fireworks. 8.24.030 Restrictions and permits. 8.24.040 Public display of fireworks. 8.24.050 Violation – Penalty. 8.24.060 Severability. 8.24.010 RCW adopted – Copies filed and authenticated. Except as otherwise provided herein, Chapter 70.77 RCW, State Fireworks Law, is hereby adopted by reference, including all future amendments or additions thereto, and under the provisions of RCW 35A.12.140, the sections codified in this chapter shall be published as required by law, but the specified Chapter 70.77 RCW adopted by reference need not be published but shall be authenticated and recorded with the Auburn city clerk, and not less than one copy of such chapter in the form in which it was adopted shall forthwith be filed in the office of the Auburn city clerk for use and examination by the public. (Ord. 5679 § 1, 2002; Ord. 5385 § 3, 2000.) 8.24.020 Restriction on times for sale and discharge of fireworks. The sale, purchase and discharge of consumer fireworks shall not be permitted at any time except during the following times and dates: A. Sale and Purchase of Consumer Fireworks. Between the hours of 12:00 noon and 9:00 p.m. on June 28th of any year and between 9:00 a.m. and 9:00 p.m. on June 29th through July 4th of any year, with the sale of consumer fireworks not being permitted on or around New Year’s Day, or at any time other than specified above; and B. Discharge on July Fourth. Between the hours of 9:00 a.m. and 11:00 p.m. on the 4th of July of any year; and C. Discharge on New Year’s. Between the hours of 6:00 p.m. on December 31st and 1:00 a.m. on January 1st of the subsequent year. (Ord. 5679 § 1, 2002; Ord. 5385 § 1, 2000; Ord. 4749 § 2, 1995. Formerly 8.24.060.) 8.24.030 Restrictions and permits. A. The following fireworks shall not be manufactured, possessed, used or detonated within the city of Auburn, Washington: Any device that will produce a visual and/or audible effect when exploded and/or detonated by combustion, except as follows: 1. Flares for emergency operation. 2. Signal device to begin an athletic event or sport. 3. Use by military organizations. 4. Blank cartridges for show or theater. 5. A permitted fireworks display. 6. Where authorized by federal law within the Muckleshoot Indian Reservation. Page 3 of 8 7. Such fireworks may be possessed within the city of Auburn while in transit through the city of Auburn from a location where their purchase and possession is lawful to a location where their possession and use is lawful; provided, that such transit to and from such locations is continuous and uninterrupted while in the city of Auburn, and such transit is in a vehicle in which such transit can be safely accomplished and such transit while through the city of Auburn is on state highways only (SR-18, SR-164, SR-167); and further provided, that the transit is in conformity with all legal requirements for such transit. B. The following types of fireworks are able to be manufactured, possessed, used or detonated within the city of Auburn, Washington: 1. Sparkler: stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. 2. Cylindrical fountain: cylindrical tubes containing pyrotechnic composition. Upon ignition, a shower of colored sparks and sometimes a whistling effect is produced. This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle if intended to be hand-held (handle fountain). 3. Cone fountain: cardboard or heavy paper cone containing pyrotechnic composition. The effect is the same as that of a cylindrical fountain. 4. Illuminating torch: cylindrical tube containing pyrotechnic composition. Upon ignition, colored fire is produced. May be spike, base or hand-held. 5. Wheel: pyrotechnic device attached to a post or tree by means of a nail or string. Each wheel may contain up to six driver units containing pyrotechnic composition. Upon ignition, the wheel revolves producing a shower of color and sparks and sometimes a whistling effect. 6. Ground spinner: small device similar to a wheel in design and effect, placed on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device. 7. Flitter sparkler: narrow paper tube containing pyrotechnic composition which produces color and sparks upon ignition. This device does not have a fuse for ignition. The paper at one end of the tube is ignited to make the device function. 8. Smoke device: tube or sphere containing pyrotechnic composition which, upon ignition, produces white or colored smoke as the primary effect. C. Permit for Display of Fireworks. A permit for display of fireworks may be issued by the fire chief under the provisions as set forth in ACC 8.24.040. (Ord. 5945 § 1, 2005; Ord. 5679 § 1, 2002; Ord. 5385 § 5, 2000.) 8.24.040 Public display of fireworks. A. Every public display of fireworks shall be handled by a competent operator approved by the fire chief or his designee and shall be of such character, and so located, discharged, or fired, that, in the opinion of the fire chief or his designee, after proper investigation, it will not constitute a hazard to property or endanger any person. Should the fire chief or his designee deny a permit for public display of fireworks, the applicant therefor shall have the right to appeal that denial to the appropriate Auburn city council committee, which shall consider such application, recommendation and denial, and in its discretion shall either uphold the denial or grant the permit applied for. Page 4 of 8 B. A state pyrotechnics license is required for operators of a public display of fireworks. C. A bond or certificate of insurance must be furnished to the fire chief before a permit is issued. The bond shall be in the amount of $1,000,000 and shall be conditioned upon the applicant’s payment of all damages to persons and property resulting from or caused by such public display of fireworks, or by any negligence on the part of the applicant or its agents, servants, employees or subcontractors in the presentation of the display. The certificate of insurance shall evidence a comprehensive general liability, including automobile coverage, insurance policy providing limits of $1,000,000 combined single limit, per occurrence and annual aggregate, no deductible, and naming the city of Auburn as an additional insured. D. Transportation and Storage. 1. All fireworks shall be transported within the city in accordance with 49 CFR Part 177 and 397.9(b) prior to reaching the display site. 2. As soon as the fireworks have been delivered to the display site, they shall be attended and shall remain dry. 3. All shells shall be inspected upon delivery to the display site by the display operator. Any shells having tears, leaks, broken fuses, or showing signs of having been wet shall be set aside and shall not be fired. After the display, any such shells shall be either returned to the supplier or destroyed according to the supplier’s instructions. 4. All fireworks at the firing site must be stored in ready boxes (substantially constructed wood magazines). During the display, the magazines must be 25 feet upwind (relation to firing line) from the nearest mortar. Magazine lids must open in the opposite direction to the firing. All ready boxes are to be protected by a flame-proof water- repellent canvas cover until emptied. 5. The shell storage area shall be located at a minimum distance of not less than 25 feet from the discharge site. 6. During the display, shells shall be stored upwind from the discharge site. If the wind shifts during the display, the shell storage area shall be relocated to be upwind from the discharge site. E. Preparation of Site and Crowd Control. 1. All dry grass, weeds and other combustible waste matter within 50 feet of the firing site shall be removed. 2. The site shall be located so that the trajectory of shells shall not come within 25 feet of any overhead object. 3. Discharged fireworks shall not come within 100 feet of any tent or canvas shelter. 4. The firing and storage site shall be located not less than 200 feet from any building. 5. The operator shall provide sufficient personnel to assure that no unauthorized persons are allowed within 200 feet of the firing and storage site. This requirement shall be in effect from one-half hour prior to the arrival of fireworks until all fireworks debris, equipment and fireworks have been removed from the site. 6. Spectators shall be restrained behind lines or barriers at least 200 feet from the firing and storage locations. F. Installation of Mortars. Page 5 of 8 1. Mortars shall be inspected for dents, bent ends, and cracked or broken plugs prior to ground placement. Mortars found to be defective in any way shall not be used. Any scale on the inside surface of the mortars shall be removed. 2. Mortars shall be positioned so that the shells are carried away from spectators and buildings. When fired over water, mortars shall be installed at an angle of not less than 10 degrees, pointing toward the water. 3. Mortars shall be either buried securely into the ground to a depth of between two-thirds and three-fourths of their length or fastened securely in mortar boxes or drums. In soft ground, heavy timber or rock slabs shall be placed beneath the mortars to prevent their sinking or being driven into the ground during firing. 4. In damp ground, a weather-resistant bag shall be placed under the bottom of the mortar prior to placement in the ground to protect the mortar against moisture. 5. Weather-resistant bags shall be placed over the open end of the mortar in damp weather to keep moisture from accumulating on the inside surface of the mortar. 6. Sand bags, dirt boxes, or other suitable protection shall be placed around the mortars to protect the operator from ground bursts. This requirement shall not apply to the down-range side of the discharge site. G. Operation of the Display. 1. The operator shall provide fire protection at the site as required by the fire chief or his designee. 2. Only permitted fireworks are authorized for use. 3. If, in the opinion of the fire chief or his authorized representative, lack of crowd control should pose a danger, the display shall be immediately discontinued until such time as the situation is corrected. 4. If at any time high winds or unusually wet weather prevail such that, in the opinion of the fire chief, his authorized representative or the display operator, a definite danger exists, the public display shall be postponed until weather conditions improve to permit safe discharge of fireworks. 5. Light snow or mist need not cause cancellation of the display; however, all materials used in the display shall be protected from the weather until immediately prior to use. 6. Display operators and assistants shall use only flashlights or approved electric lighting for artificial illumination. 7. No smoking or open flames shall be allowed within 50 feet of the firing or storage area as long as shells are present. Signs to this effect shall be conspicuously posted. 8. The first shell fired shall be carefully observed to determine that its trajectory will carry it into the intended firing range and that the shell functions over, and any debris falls into, the planned landing area. 9. The mortars shall be re-angled or reset if necessary at any time during the display. 10. When a shell fails to ignite in the mortar, the mortar shall not be touched for a minimum of five minutes. After five minutes it shall be carefully flooded with water. Immediately following the display, the mortar shall be emptied into a bucket of water. The supplier shall be contacted as soon as possible for proper disposal instructions. Page 6 of 8 11. Operators shall not attempt to repair a damaged shell nor shall they attempt to dismantle a dry shell. In all such cases, the supplier shall be contacted as soon as possible for proper disposal instructions. 12. Operators shall not dry a wet shell, lance, or pot for reuse. 13. The entire firing range shall be inspected immediately following the display to locate any defective shells. Any such shells found shall be immediately doused with water before handling. The shells shall be placed in a bucket of water. The supplier shall then be contacted as soon as possible for proper disposal instructions. 14. When fireworks are displayed in darkness the sponsor shall ensure that the firing range is inspected early the following morning. 15. Any fireworks remaining unfired after the display shall be immediately disposed of or removed from the city to the supplier from which they were purchased or to a location approved by the fire chief or his designee. 16. The debris from discharged fireworks shall be properly disposed of. H. The denial by the fire chief of a permit for the public display of fireworks may be appealed to the appropriate Auburn city council committee. (Ord. 5679 § 1, 2002; Ord. 5385 § 6, 2000; Ord. 3976 § 8, 1984. Formerly 8.24.080.) 8.24.050 Violation – Penalty. A. Any person violating any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine in an amount not exceeding $1,000, or by imprisonment in jail for a term not exceeding 90 days, or by both. In the case of a conviction for a violation of this chapter, the city’s fire marshal or designee may order the fireworks stand closed and may deny approval of a request by the person for a fireworks license for the next year. B. A person is guilty of a separate offense for each separate and distinct violation of any provisions of this chapter, and a person is guilty of a separate offense for each day during which he/she commits or allows to continue any violation of the provisions of this chapter. C. Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this chapter or of Chapter 70.77 RCW shall be subject to seizure by any police officer or by the city’s fire marshal or his designee. (Ord. 5679 § 1, 2002.) 8.24.060 Severability. If any provision of this chapter or Chapter 70.77 RCW adopted by reference in this chapter and effective from and after five days from publication following adoption by the city council or its application to any person or circumstance is held invalid, the remainder of this chapter or its application of the provisions to other persons or circumstances shall not be affected. (Ord. 5679 § 1, 2002; Ord. 5385 § 4, 2000. Formerly 8.24.020.) Page 7 of 8 AMENDMENTS - OPTION – Charities 8.24.010 RCW adopted – Copies filed and authenticated. Except as otherwise provided herein, Chapter 70.77 RCW, State Fireworks Law, is hereby adopted by reference, including all future amendments or additions thereto, and under the provisions of RCW 35A.12.140, the sections codified in this chapter shall be published as required by law, but the specified Chapter 70.77 RCW adopted by reference need not be published but shall be authenticated and recorded with the Auburn city clerk, and not less than one copy of such chapter in the form in which it was adopted shall forthwith be filed in the office of the Auburn city clerk for use and examination by the public. B. For the purposes hereof, Fire Chief shall mean and refer to the Fire Chief of the Valley Regional Fire Authority or designee. (Ord. 5679 § 1, 2002; Ord. 5385 § 3, 2000.) 8.24.020 Restriction on times for sale and discharge of fireworks. The sale, purchase and discharge of consumer fireworks shall not be permitted at any time except during the following times and dates and under the following licensing circumstances: A.License Required for Sale of Consumer Fireworks. No consumer fireworks may be sold within any area falling within the jurisdiction of the City without a license having been issued by the City, with stands inspected and approved by the Fire Chief, Provided that: 1. Such licenses to sell consumer fireworks shall be issued only to organizations exempt from taxation under 26 USC 501(C) (3) and (4). Such organizations must be able to show satisfactory proof of such status to the City; and 2. A bond or certificate of insurance must be furnished to the City before a license to sell consumer fireworks is issued. The bond shall be in the amount of $_____________ and shall be conditioned upon the applicant’s payment of all damages to persons and property resulting from or caused by the sale of consumer fireworks, or by any negligence on the part of the licensee or its agents, servants, employees or subcontractors. The certificate of insurance shall evidence a comprehensive general liability, including automobile coverage, insurance policy providing limits of $_____________ combined single limit, per occurrence and annual aggregate, no deductible, and naming the City of Auburn as an additional insured; and 3. The term of the license shall be specified as to the year and dates of operation. B.Sale and Purchase of Consumer Fireworks. Between the hours of 12:00 noon and 9:00 p.m. on June 28th of any year and between 9:00 a.m. and 9:00 p.m. on June 29th through July 4th of any year, with the sale of consumer fireworks not being permitted on or around New Year’s Day, or at any time other than specified above; and BC. Discharge on July Fourth. Between the hours of 9:00 a.m. and 11:00 p.m. on the 4th of July of any year; and CD. Discharge on New Year’s. Between the hours of 6:00 p.m. on December 31st and 1:00 a.m. on January 1st of the subsequent year. (Ord. 5679 § 1, 2002; Ord. 5385 § 1, 2000; Ord. 4749 § 2, 1995. Formerly 8.24.060.) Page 8 of 8 5.10.030 Fees. Annual license fees are predicated upon the following schedule: A. Organizations exempt from taxation $-0- under 26 USC 501(C) (3) and (4). Such organizations must be able to show satisfactory proof of such status to the city B. General business enterprises $50.00 C. Specific types of business enterprises As established in this title or other titles identified elsewhere in the city code of the Auburn City Code D. Re-issuance of lost, stolen or destroyed $5.00 license (Ord. 5754 § 1, 2003; Ord. 4864 § 1, 1996; Ord. 4242 § 1, 1987; Ord. 4012 § 2, 1984.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 5.20.030 License required – Fee – Term – Notices – Exemptions. A. It is unlawful for any person, firm or corporation to engage in any business as provided in this chapter within the city limits without first obtaining a license pursuant to the provisions of this chapter. B. The fee licensing under the provisions of this chapter shall be as follows: Type Fee Term Initial Renewal Ambulance Services License Business No Fee No Fee 7/1 – 6/30 AttendantNo Fee No Fee 7/1 – 6/30 Amusement Device License 1 to 4 $40.00 $20.00 7/1 – 6/30 5 or more $70.00 $20.00 7/1 – 6/30 Auto Races License $70.00 $20.00 7/1 – 6/30 Cabaret License $50.00 $20.00 7/1 – 6/30 Carnivals, Circuses, Shows, etc., Licenses Carnival/circus $70.00 $20.00 7/1 – 6/30 Theater/concert $70.00 $20.00 7/1 – 6/30 Show/exhibition $70.00 $20.00 7/1 – 6/30 Public amusement $70.00 $20.00 7/1 – 6/30 Dance License $50.00 $20.00 Fire Extinguisher Without testing $30.00 $20.00 7/1 – 6/30 With testing $45.00 $20.00 7/1 – 6/30 Fireworks Stands License $70.00 $20.00 Noon 6/28 to Noon 7/6 (Regulation of fireworks stands under Chapter 8.24 ACC) Massage Business, Health Salon, Public Bathhouse License Business $85.00 $20.00 7/1 – 6/30 Attendant$85.00 $20.00 7/1 – 6/30 Merchant Patrol, Private Detective License Merchant patrol agency $55.00 $20.00 7/1 – 6/30 Patrolman $55.00 $20.00 7/1 – 6/30 Detective agency $55.00 $20.00 7/1 – 6/30 Detective $55.00 $20.00 7/1 – 6/30 Motor Vehicle Wreckers License $85.00/Event 7/1 – 6/30 Pawnbrokers/Secondhand Dealers License $40.00 $20.00 7/1 – 6/30 Solicitor License Master $40.00 $20.00 7/1 – 6/30 Agent$40.00 $20.00 7/1 – 6/30 Individual $40.00 $20.00 7/1 – 6/30 Taxicab Businesses – Requires King County license only to operate in Auburn Tow Truck Business License Business $60.00 $20.00 7/1 – 6/30 Driver $40.00 $20.00 7/1 – 6/30 C. A duplicate license shall be issued by the business license clerk, as designated by the mayor, to replace any license previously issued which has been lost, stolen, defaced or destroyed, upon the filing of an affidavit attesting to such fact and the paying to the business license clerk of a fee of $1.00. D. Any notice required by this chapter to be mailed to any licensee shall be sent by ordinary mail, addressed to the address of the licensee shown by the records of the business license clerk or, if no such address is shown to such address as the business license clerk is able to ascertain by reasonable effort. Failure of the licensee to receive such mailed notice shall not release the licensee from any fee or penalties thereon, nor shall such failure operate to extend any time limit set by the provisions of this chapter. E. This section grants an exemption from paying a fee for any licenses required under the provisions of this chapter to bona fide nonprofit, charitable, religious, or philanthropic persons or organizations. 1. Any person or organization claiming the exemptions of this section shall file with the business license clerk an affidavit setting forth facts sufficient to show the application of this section and the right to such exemption. 2. Persons or organizations required to be licensed by the state of Washington, wherein the state has preempted the field of endeavor of any such persons or organizations, shall not be required to obtain a license from the city under the provisions of this title; provided however, any such persons or organizations doing business within the city limits of the city shall carry the state license on his or her person at all times when doing business within the city, and shall exhibit such state license whenever he or she is requested to do so by any police officer or any person who asks to see the same. (Ord. 5897 § 7, 2005; Ord. 4012 § 2, 1984.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 18.46A.050 Exemptions. The following activities are exempt from the permit requirements of this chapter, but shall comply with other substantive requirements of this chapter, unless specifically noted otherwise: A. Garage sales and yard sales; provided, that the following are complied with: 1. Sales last no longer than three days; 2. Sales are conducted on the owner’s property. Multiple-family sales are permitted if they are held on the property of no more than three contiguous properties of the participants; ACC (Signs), as applicable, and must be 3. Signs shall comply with Chapter 18.56 removed within 24 hours of completion of the sale; B. City-sponsored events and activities; ACC (Home Occupations); C. Uses regulated or exempted by Chapter 18.60 D. Fireworks stands operating under a permit issued by the city of Auburn and the fire marshal’s office; E. The placement of uses and structures in response to a proclamation of civil emergency pursuant to ACC 2.75.070 to provide emergency services to individual citizens or property owners or businesses; F. City improvement projects pursuant to ACC 18.02.040(E); G. Temporary offices, construction staging, equipment storage and other similar activities on a site upon which public buildings or structures are being constructed, remodeled or otherwise modified. (Ord. 6268 § 2, 2009.)