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ORD 84-17 REGULATING PUBLIC DISPLAY OF FIREWORKSBBH: j rv 05/31/84 ORDINANCE NO. 84-17 AN ORDINANCE OF THE CITY OF WINSLOW, WASH- INGTON, REGULATING THE SALE, USE, POSSESSION, MANUFACTURE AND PUBLIC DISPLAY OF FIREWORKS WITHIN THE CITY; REQUIRING PERMITS THEREFOR; PROVIDING STANDARDS FOR TEMPORARY FIREWORKS STANDS; PRESCRIBING PENALTIES FOR THE VIOLA- TION THEREOF, REPEALING ORDINANCE NO. 68-4 RELATING TO FIREWORKS AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Winslow is a noncharter optional municipal code city and as such has the power, pursuant to RCW Chapter 35A.11 and RCW Chapter 70.77 to regulate the sale, use, possession, manufacture and public display of fireworks within its boundaries, and WHEREAS, the City Council of the City deems it to be in the interest of the public health, safety and welfare to regulate such sale, use, possession, manufacture and public display of fireworks, and, WHEREAS, the City Council deems it desirable to re- peal Ordinance No. 68-4 regulating fireworks and to provide new regulations to conform to recent amendments to RCW 70.77, now, therefore, THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this ordinance: A. "Fireworks" means any composition or device, in a finished state, containing any combustible or explo- sive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagra- tion or detonation, and classified as common or spe- cial fireworks. B. "Special fireworks" includes any fireworks designed primarily for exhibition display by producing visible or audible effects. The term includes fireworks commonly known as skyrockets, missile-type rockets, firecrackers, salutes and chasers and fireworks not classified as common fireworks. "Common fireworks" means any fireworks designed pri- marily to produce visible or audible effects by com- bustion. 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 spark- lers; (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. The term does not include fireworks commonly known as firecrackers, salutes, chasers, sky- rockets, and missile-type rockets. "Agricultural and wildlife fireworks" includes fire- works devices distributed to farmers, ranchers, and growers through a wildlife management program admin- istered by the United States Department of the In- terior. "Public display of fireworks" means an entertainment feature where the public is admitted or permitted to view the display or discharge of special fireworks. "Fire nuisance" means anything or any act which in- creases, 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 extinquishing fire; or which may obstruct, delay, or hinder, or may become the cause of any obstruction, delay or the hindrance to the prevention of or extinquishment of fire. "License" means a nontransferable formal authori- zation which the State Fire Marshal is permitted to issue under RCW Chapter 70.77 to engage in the acts specifically designated therein. "Permit" means the official permission granted by the City of Winslow for the purpose of doing any act which is regulated by this ordinance. "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. "Manufacturer" includes any person who manufactures, makes, constructs, fabricates, or produces any fire- -2- works article or device but does not include persons who assemble or fabricate sets or mechanical pieces in public displays of fireworks. "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells special fireworks to public display permittees. "Retailer" includes any person who, at a fixed loca- tion or place of business, sells, transfers, or gives common fireworks to a consumer or user. "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and dis- charging public displays of fireworks. "Fire Marshal" means the City of Winslow Fire Marshal or his designee who shall be the local fire official for purposes of RCW 70.77. Section 2. Acts Prohibited Without a Permit. No person shall do any of the following acts in the City of Winslow without having first obtained and having in full force and effect a valid permit issued by the City to do so: Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail for any use provided, however no permit is required for the possession or use of com- mon fireworks lawfully purchased at retail; B. Discharge special fireworks at any place; C. Make a public display of fireworks; or D. Transport fireworks, except as a public carrier de- livering to a permittee. Section 3. Application for Permit. Any person desiring to do any act set forth in Sec- tion 2 of this ordinance shall first make written application for a permit to the Fire Marshal. The application for a permit shall be signed by the ap- plicant. If the application is made by a partner- ship, it shall be signed by each partner of the par- tnership, and if the application is made by a corpor- ation, it shall be signed by an officer of the cor- poration and bear the seal of the corporation. The application shall be in such form as the Fire Marshal shall require and shall include, at a mini- mum, the following information: 1. The true name, address and telephone number of the applicant; 2. A statement by the applicant that he or she is over the age of eighteen (18) years of age; -3- A statement as to whether the applicant pos- sesses a license issued by the State Fire Mar- shal to do the act for which the permit is sought, and the current status of the said li- cense; The proposed location at which the applicant intends to perform the act for which the permit is sought; and Such other information as the Fire Marshal may require in order to make the investigation and report required by Section 4 of this ordinance. All applications for permits pursuant to this ordi- nance shall be accompanied by a nonrefundable permit fee I. The City Couneil hereby'~ s th'at this charge is necessary to cover the legitimate administrative costs for permit pro- cessing and inspection. The applicant shall post with the City of Winslow a performance bond or cash deposit in an amount no less than fifty dollars ($50.00), conditioned upon the prompt removal of the temporary stand, which deposit shall be returned to the applicant only in the event he removes said tem- porary stand and cleans up all debris to the satis- faction of the proper officials of the City of Wins- low. In the event of his failure to do so, said performance bond or cash deposit shall be forfeited to the City of Winslow. In no event shall the appli- cant be entitled to the return of said performance bond or cash deposit if he has failed to remove said temporary stand and clean up all debris by the 10th day of July of each year. All applications for permits pursuant to this ordi- nance shall be accompanied by a certificate of insur- ance coverage evidencing the carrying of a compre- hensive general liability insurance policy with a minimum coverage of $500,000 and $2,000,000 for bodi- ly injury liability for each person and event, re- spectively, and not less than $500,000 for property damage liability for each event. Such general liabi- lity policy shall name the City of Winslow as an additional named insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of said policy without thirty (30) days written notice to the City. Said policy and certificate shall be in a form approved by the City Attorney. Applications for public display of fireworks shall be made in writing at least ten (10) days in advance of the proposed display. Section 4. Investigation, Report on Permit Applica- tion. It shall be the duty of the Fire Marshal to make an investigation and prepare a report of his findings and con- clusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for -4- a permit for a public display of fireworks, the Fire Marshal shall, in addition to any other investigation, make an inves- tigation as to whether such display as proposed will be of such a character and will be so located that it may be haz- ardous to property or dangerous to any person. Section 5. Fire Marshal May Grant or Deny Permit - Conditions. The Fire Marshal shall have the power, based upon the findings of his investigation, to grant or deny any application for a permit, or to subject the same to such reasonable conditions, if any, as he shall prescribe. Section 6. Number of Retail Outlets Limited - Non- transferable. Every permit granted pursuant to this ordi- nance shall entitle the permittee to maintain only one retail outlet. No such permit shall be transferable. Section 7. License Required Prior to Issuance of Permit. No permit shall be issued unless the person applying therefor shall first have obtained and have in full force and effect a valid license issued by the State Fire Marshal, pursuant to RCW Chapter 70.77, to do the particular act or acts for which the permit is sought. Section 8. Public Display Permit - Granted for Ex- clusive Purpose - Nontransferable. If a permit for the pub- lic display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. No such permit granted shall be transferable. Section 9. Supervision of Public Displays. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator approved by the Fire Marshal. Section 10. Permit Authorizes Activities of Sales- men, Employees. The authorization to engage in the parti- cular act or acts as conferred by a permit to a person shall extend to salesmen and other employees of such person. -5- Section 11. Dates and Time Common Fireworks May be Sold or Discharged. No common fireworks shall be sold or discharged within the City of Winslow except from 12:00 noon on the 28th of June to 12:00 noon on the 6th of July of each year. No common fireworks may be sold or discharged between the hours of eleven o'clock p.m. and nine o'clock a.m. Section 12. Sales of Common Fireworks. No person shall sell common fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. Section 13. All Sales to be From Temporary Stands. All sales of common fireworks shall be from temporary stands, which shall not be erected prior to the 18th day of June of any year and which shall be removed or torn down not later than the 10th day of July of the same year. Section 14. Standards for Fireworks Stands. The fireworks stands of all those persons engaging in the sale of common fireworks pursuant to a permit issued under this ordi- nance shall conform to the following minimum standards and conditions: A. Fireworks stands need not comply with all provisions of the building code. All stands shall be erected under the supervision of the Fire Marshal and shall be constructed in such a manner so as not to endanger the safety of attendants and patrons. B. No fireworks stand shall be located within one hun- dred (100) feet of any other building or structure, nor within five hundred (500) feet of any gasoline station, oil storage tank or premises where flammable liquids are kept or stored. C. Each fireworks stand must have at least two exits which shall be unobstructed at all times. D. Each fireworks stand shall have in a readily access- ible place a fire extinquisher duly approved in ad- vance by the Fire Marshal. E. All weeds, grass and combustible material shall be cleared from the location of the fireworks stand and the surrounding area a distance of not less than twenty (20) feet, measured from the exterior walls on each side of the fireworks stand. -6- F. No smoking shall be permitted in or near a fireworks stand, and the same shall be posted with proper "No Smoking" signs. G. Each fireworks stand shall have an adult in atten- dance at all times that the stand is stocked. No child under the age of sixteen (16) shall be allowed inside the stand. Stock from the stand shall not be removed or stored in any other building during the sales period without the express written approval of the Fire Marshal. H. No fireworks stand shall be located within a radius of one quarter mile from any other stand. I. Fireworks stands shall be located only in those areas or zones within the City of Winslow wherein commer- cial activities are authorized under the applicable zoning laws of the City of Winslow. The sale of fireworks shall not be deemed an enlargement of an existing nonconforming use. No fireworks shall be sold in any residential area where a commercial en- terprise does not exist. J. Each fireworks stand shall have provision for suf- ficient off street parking, in the opinion of the Fire Marshal, to avoid impeding continuous flow of traffic at entrances and exits from the premises. K. Each firework stand shall post prominently a list of fireworks that may be sold to the public. Section 15. Fire Nuisance Where Fireworks Kept Pro- hibited. No person shall allow any rubbish to accumulate in any premises where any fireworks are sold or stored or permit a fire nuisance to exist on such premises. Section 16. Approved Storage Facilities Required. It shall be unlawful for any person to store unsold stocks of fireworks remaining unsold after the lawful period of sale as provided in his permit except in such places of storage as the Fire Marshal shall approve. Unsold stocks of fireworks remaining after the authorized retail sales period from 12:00 noon on June 28th to 12:00 noon on July 6th shall be returned on or before July 10th of the same year to the approved stor- age facilities of a licensed fireworks wholesaler, to a maga- zine or storage place approved by the Fire Marshal or to a place approved by the State Fire Marshal. Upon receiving a written application at least ten days prior to the date of -7- proposed storage, the Fire Marshal shall investigate whether the character and location of the storage would constitute a hazard to any property or be dangerous to any person. Based upon the investigation, the Fire Marshal may grant or deny any application for storage or to subject the same to such reasonable conditions, if any, as he shall prescribe. Section 17. Unlawful Possession. The possession of any class or kind of fireworks in violation of the provisions of this ordinance is prohibited. Section 18. Sales or Transfers of Special Fireworks. No person shall sell or transfer any special fireworks to any person who is not a fireworks permittee as provided in this ordinance. Section 19. Manufacture or Sale of Fireworks for Out of State Shipment. This ordinance does not prohibit any manufacturer, wholesaler, dealer, or jobber, having a license issued by the State Fire Marshal and a permit secured under the provisions of this ordinance from manufacturing or sell- ing any kind of fireworks for direct shipment out of this state. Section 20. Special Effects for Entertainment Media. This ordinance does not prohibit the assembling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio, or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the City of Winslow to purchase, possess, transport or use such fire- works. Section 21. Forest Protection. Nonprohibited Acts - Signal Purposes, This ordinance does not prohibit the use of flares or fuses in connection with the operation of motor -8- vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protec- tion activities. Section 22. Revocation or Suspension of Permit. Authority. The Fire Marshal may at any time suspend or revoke any permit issued under the provisions of this ordinance, if the permittee has: Violated any of the provisions of this ordinance by the person holding such permit or any of his servants, agents or employees; 2. Made any false statement or misrepresentation of fact in connection with obtaining the permit; or Failed to obtain or has had any license required by the State of Washington to engage in any act prohibited by RCW Chapter 70.77 or this ordi- nance to be done without a license, suspended or revoked; or 4. Has had any insurance coverage required by this ordinance cancelled~ revoked or lapsed. Effective Date of Revocation. When the Fire Marshal determines that there is cause for revoking or sus- pending any permit issued pursuant to this ordinance, the Fire Marshal shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspen- sion or revocation shall become effective immediately upon receipt of the notice by the permittee. Appeal. The decision of the Fire Marshal with re- spect to the revocation or suspension of any permit issued under this ordinance shall be final. Any permittee whose permit is suspended or revoked may appeal the decision of the Fire Marshal to the Kitsap County Superior Court by filing such appeal within ten (10) days of the date of the final decision of the Fire Marshal. This shall be the exclusive remedy of any permittee under this ordinance. Section 23. Reckless Discharge or Use Prohibited. It is unlawful for any person to discharge or 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. Section 24. Penalties for Violation. Any person violating any of the provisions of this ordinance shall, upon a finding that such violation was committed, be punished by a monetary penalty in a sum not exceeding five hundred dollars -9- ($500.00) or imprisonment not to exceed 180 days or by both such fine and imprisonment. Section 25. Violation a Separate, Continuing Of- fense. A person commits a separate offense for each day during which he commits, continues, or permits a violation of any provision of this ordinance. Section 26. Ordinance No. 68-4 of the City of Wins- low, passed by the City Council on February 15, 1968, is hereby repealed. Section 27. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be in- valid or unconstitutional by a court of competent juris- diction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other sec- tion, sentence, clause or phrase of this ordinance. Section 28. Effective Date. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: ATTEST/AUTHENTICATED: 'CY~Y C DONNA JEAN BUXTObF LERK, APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED~~WI THE CITY CLERK: PASSED BY THE CITY COUNCIL: POSTED: June 26, 1984 EFFECTIVE DATE: July 1, 1984 ORDINANCE NO. 84-17 Mayor Signed: June 25, 1984 M~-~~ ~ ~ _ YOR, ALICE B. TAWREjF May 31, 1984 June 21, 1984 -10-