ORD 2009-05 FIREWORKS
ORDINANCE NO. 2009-05
AN ORDINANC.E of the City o_f.Bainbridge Island, Washington,
relating to fireworks; repealing BIMC Ch.apter 5~36; and adopting
a new BIMC Chapter 8~28 (Fireworks).
WHEREAS, the City Council is. concerned about public safety and desires to
protect the public from injuries and fires resulting from indiscriminate use .of fireworks;
and
WHEREAS, the City Council is concerned about the impact of fireworks on the
envirorunent and desires to minimize such impact; and
WHEREAS, the City Council finds that this ordinance satisfies the health, safety
and public welfare of the people of Bainbridge Island; and
WHEREAS, the City Council conducted a duly advertised public hearing and
rece_ived public testimony; and
WHEREAS, ,th~ purpose of this ordinance is to further restrict the sale and
dischar_ge of fireworks; now, th.erefore,
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THE CITY COUNCIL OF. THE CITY .OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
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Section 1. .. Chapter 5.36 .ofthe Bainbridge Island Municipal Code ("BIMC")
is hereby repealed in its entirety.
Section 2~ A new chapter,. 8~28, Fireworks, to Title 8, Health and Safety, is
hereby adopted in its entirety as follows:
"Chapter 8.28
Fireworks
Sections:
8.28.010
8.28.020
Definitions.
Date .and times .when sale or discharge of
consumer fireworks permitted. .
Acts prohibited without a permit.
Application for public/private fireworks
display.
. Standards for public/private fireworks
displays.
Special effects for entertainment media.
8.28.030
8.28.040
8.28.050
8.28.060
8.28.070
8.28.080
8.28.090 - .
8.28.100
8.28.110
8.28.120
.8.28..130
8.28.140
Acts not prohibited - Signal purposes,
forest protection, etc.
Sales from temporary stands required.
Standards for.fireworks stands.
Prohibition d.ue to extreme fire danger.
Applicability .
Chapter in connection with state law.
Enforcement~
Penalty for violations.
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8.28.010 Definitions.
A~. "Fireworks" means any composition or .device
-designed to produce.a visible or an audible effect by
combustion, deflagration or detonation, and which
meets the. definition or articles. pyrotechnic as set
forth in RCW 70. 77 ~ 138, or consumer fireworks or
display fireworks.
B. "Public display" means. an entertainment feature
where the public . is invited, admitted and/or
permitted to view the display or discharge of
display fireworks. .
c. . "Private display" means an entertainment feature
where. the public is not invited, admitted and/or
permitted to view the display or discharge of
display fireworks.
D. "Special effects," pursuant to RCW 70.77.146,
means any combination of chemical elements or
chemical compounds capable of burning
independently of the oxygen in the atmosphere, and
designed and intended to produce an audible, visual,
mechanical or thermal effect as an integral part of a
motion picture, radio, television, theatrical or opera
production, or live entertainment.
E. "Display fireworks" means large fireworks
designed primarily for display and classified as such
by the U.S~ Departm.ent of-Transportation, as further
set forth in RCW 70.77.131 and WAC 212-17-040.
F~ "Extreme fire danger" means a period of hot, dry
weather accompanied by low fuel moistures~ . It is
during this period that wildland fires can be
expected and fire growth will be accelerated.
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. This chapter does .not prohibit the use of flares or fuses in
connection with the operation of motor vehicles, motor or
sail vesse]s~ or other transportation agencies for signal
purposes or il~umination or for use in forest .protection
activities or.those uses described in RCW 70.77.311.
8.28.080 Sales from temporary stands required.
All sales of consumer fireworks shall be from temporary
stands, which shall not be erected prior to the eighteenth
day of June of any year and which shall be removed not
later than the 10~h day of July of the same year.
8.28.090 Standards for fireworks stands and
transportation and temporary storage of
fireworks.
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Construction, location, maint~nance, use and clean up of
fire.works stands. arid related transportation and temporary
storage of fir~works shall be done in accordance with RCW
Chapter 70477, WAC 212-17 Part V and all other
applicable federal, state and local law. In addition,
fir,eworks stands shall conform to the following conditions:
A. No fireworks stand shall be located within 100 feet of
any other building or structure, nor within 500 feet of any
gasoline station, oil storage tank, or premises where
flammable liquids are kept or stored.
B. No fin~~works stand shall be located within a radius of
one-quarter mile fr~m any other stand.
C. . Fireworks stands shall be located only in those areas or
zones within the city wherein commercial activities are
authorized under the applicable zoning laws of the city.
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 enterprise
does not exist.
D~ Each . fireworks stand shall. have a provision for
sufficient' off-street parking, in the opinion of the fire
marshal, to avoid impeding continuous flow of traffic at
entrances and exits from the premises.
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8.28.100 Prohibition due to extreme fire danger.
During periods of extreme.fire.danger, the fire. marshal.may .
prohibit the discharge of all fireworks.
8.28.110 Applicability. '
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The provisions of this chapter shall be applicable to the
sales and use of .all fireworks except toy paper caps
containing not more than twenty-five hundredths grain of
explosive compound for each cap and trick or, novelty
devices not .classified as .common fireworks~
8.28..120 Chapte-r in connection with state law.
This chapter is intended to augment RCW Chapter 70.77,
and shall be construed in connection with that law and any
and all rules or regulations issued. pursuant thereto.
8.28.130 Enforcement.
Commissioned law enforcement offic.ers of the Bainbridge
Island. Police . Depat1ment are authorized to enforce all
provisions of this chapter. except those provisions where
enfo~~e~ent authority is explicitly provided to the fire
marshal..
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8.28.140 Penalty for violations.
A. . Except as provided in subsection B of this section,
conduct made unlawful by this section shall be a civil
infraction and is subject to a monetary penalty and a default
amount of Five Hun;dred Dollars ($500.00) plus statutory
assessments. Other than the amount of the monetary
penalty, a civil infraction under this section shall be
processed in the manner set forth in RCW Chapter 7.80.
B. Any person who continues to be in violation of this
section after receiving a notice of infraction pursuant to
subsection A of this section, or who again violates this
section within twelve (12) months after receiving a notice
of infraction pursuant to subsection A of this section
comrriits a misdemeanor and any person who is convicted
thereof. shall be punished by a fine not to exceed One
Thousand Dollars ($1000.00), or by imprisonment in jail
for a term not exceeding ninety (90) days, or by both such
fine and imprisonment
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G. . "Fire marshal" means the fire marshal of the
Bainbridge Island Fire Department or his/her
"designee.
H. "Consumer fireworks" means .any fireworks
designed primarily to produce visible or audible
effects by combustion as defined by RCW
70.77.136, and includes the following:
1. Ground .and hand-held sparkling devices, dipped
sticks, sparklers,. cylindrical . fountains, cone
fountains, illuininating torches, wheels, ground
spinners and flittet sparklers as those terms are
defined by WAC 212-17-035;
2.. Smoke devices. as defined by WAC 212-17-035;
3. Helicopters, aerials, spinners, roman candles,
mines .and shells, and mortars as those terms are
defined by WAC 212-17-035;
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4. Division 1.40 explosives classified on January 1,
1984, as consumer fireworks by the United States
Department of Transportation except that the term
does not include firecrackers, salutes, chasers,
skyrockets and missile-type rockets~
8.28.020 Date and times when sale or discharge
of consumer fireworks permitted.
A. Consumer fireworks may be sold by state licensed and
permitted vendors within the city between the hours of.
12:00 noon and 11 :00 p~m. July 1st through July 4th.
B. Cofiswner fireworks may be discharged within the city
between:the-hours of 5:00 p~m. and 11 :00 p~m.. on July 4th.
8J.28~030. Acts prohibited without a permit.
No petson shall do any .of the following acts in the city
without having first obtained and having in full force and
effect a valid permit issued by the fire marshal to do so:
A. 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 consumer fireworks
lawfully purchased at retail;
B. Discharge special effects fireworks at any place; or
c. -Make a public or private display of fireworks other than.
consumer fireworks during legal discharge times.
8.28.040 Application
firew.orks display.
for
publ.ic/private
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Applications for .a permit to hold, conduct or operate a
public/private display of fireworks, other than consumer
fireworks, shall be. made to the .fire marshal at least 10 days
prior to the scheduled event. Applicants shall meet all
qualifications and permit -requirements of state law
regarding public display of fireworks and all fire and safety
requirements as set forth in. the "Standards for public display
per RCW Chapter 70..77, the fire code adopted in BIMC
Chapter 20.04, and all applicable National Fire Protection
Association standards.
8.28.050 Standards for public/private firewo.rks
displays.
All public/private: firew(;lrks displays, other than displays of
consumer fireworks,' shall conform to the following:
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A.- A permit issued by the fire marshal in accordance
with BIMe 8.28~040 must be obtained.
B. Compliance with all conditions listed in the permit
issued by the fire marshal.
8.28.060 Special. effects for entertainment
media.
This chapter 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 fire marshal to purchase,
possess, transport or use such fireworks, and meets the
requirements of BIMC 8.28.040 and 8.28.050.
8.28.070 Acts not prohibited - Signal purposes,
forest protection, etc.
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C.. In addition to the penalties provided in subsections A
and B, the fire m,arshal and commissioned law enforcement
officers of the Bainbridge Island Police Department may
seize and dispose of fireworks that are possessed, sold,
purchased, offered for sale, -and/or used in violation of this
chapter according to the seizure and forfeiture procedures
contained in RCW 70.77.435 and RCW 70.77.440.
Section 3.. If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance is declared invalid or unconstitutional for any. reason, such decision shall
not affect the validity of the remaining portions of this ordinance.
Section 4. This ordinance shall take effect and be in force one (1) year after
its passage, approval and publication as provided by law.
PASSED by the City Council this 24th day of June, 2009.
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Christopher Snow, Mayor
A TTESTI AUTHENTICATE:
'-\(O)Ol,(O.nd >>. u:usof f
Rosalind D. Lassoff, City Clerk
APPROVED AS TO FORM:
Paul McMurray, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
- PUBLICATION DATE:
EFFECTIVE DATE:
ORDINANCE NO.
June 3, 2009
June 24, 2009
June 26,2009
June 30, 2010
2009-05
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