Ordinance 27060006.07005
DAS/naa
11/04/88
RE/01/19/89
RE/03/27/89
ORDINANCE NO.
2706
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE EDMONDS CITY CODE BY REPEALING
CHAPTER 5.26 ENTITLED "FIREWORKS", ADOPTING A
NEW CHAPTER 5.26 ENTITLED "FIREWORKS",
CONTAINING A SEVERABILITY CLAUSE AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE
WHEREAS, the Edmonds City Council finds that Edmonds
City Code Chapter 5.26 entitled "Fireworks" as it now exists
should be repealed and a new Chapter 5.26 entitled "Fireworks"
should be adopted; and
WHEREAS, the Edmonds City Council finds that this
ordinance is in the interest of the public health, safety and
welfare, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 5.26 of the Edmonds City Code is
hereby repealed.
Section 2. A new Chapter 5.26 Fireworks is hereby
adopted and added to the Edmonds City Code to read as follows:
Chapter 5.26
FIREWORKS
Sections•
5.26.010 Definitions
5.26.020 Possession of fireworks unlawful
5.26.030 Permit required to sell or display
fireworks
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5.26.040 Time limit set on sale and use
5.26.050 Sale of fireworks to persons under
sixteen years of age prohibited
5.26.060 Permit fees
5.26.070 Issuance--Nontransferable--Voiding
5.26.080 Application for public display permit
5.26.090 Application for seller's permit --
Conditions for issuance
5.26.100 Sale from stands --Exceptions
5.26.110 Standards for temporary stands
5.26.120 Standards for public fireworks displays
5.26.130 Use of Fireworks in Public Parks and
Public Land.
5.26.140 Special Effects for Entertainment, Media
5.26.150 Nonprohibited Acts - Signal Purposes,
Forest Protection
5.26.170 Applicability
5.26.180 Chapter in connection with state law
5.26.190 Enforcement
5.26.200 Penalty for violations
5.26.220 Reckless Discharge or Use Prohibited
5.26.010 DEFINITIONS.
The definitions of RCW Chapter 70.77 as now stated or
hereinafter amended shall govern the construction of
this chapter, when applicable. RCW 70.77.120 through
and including RCW 70.77.230 as now stated or
hereinafter amended are adopted by this reference and a
copy of the same shall be kept on file in the office of
the city clerk for public use and inspection.
5.26.020 POSSESSION OF FIREWORKS UNLAWFUL.
It is unlawful for any person to sell, possess, use or
explode any dangerous fireworks within the city;
provided, that this prohibition shall not apply to duly
authorized public displays. Any item of fireworks
which does not meet the State of Washington Fire
Marshal's approval in conformity with RCW Chapter
70.77, as amended, shall be deemed dangerous and is
prohibited by this chapter.
5.26.030 PERMIT REQUIRED TO SELL OR DISPLAY FIREWORKS.
It is unlawful for any person to engage in the retail
sale of or to sell any fireworks or to hold, conduct or
engage in a public display of fireworks within the city
without first having obtained and being the holder of a
valid permit issued pursuant to the provisions of this
chapter.
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5.26.040 TIME LIMIT SET ON SALE AND USE.
No permit holder shall offer for retail sale, expose
for retail sale or sell any fireworks within the city
except from twelve noon until eleven p.m. on the
twenty-eighth day of June, nine a.m. until eleven p.m.
on the twenty-ninth day of June through the third day
of July, and from nine a.m. until nine p.m. on the
fourth day of July of any year. Except as authorized
by a state license and city permit granted pursuant to
RCW 70.77.260(2) (public display) or RCW 70.77.311(2)
(use by group or individual for religious or other
specific purpose on approved date and at approved
location) no person shall ignite or discharge any
fireworks within the city except on July 4th of any
year between the hours of nine a.m. and eleven p.m.
5.26.050 SALE OF FIREWORKS TO PERSON UNDER SIXTEEN
YEARS OF AGE PROHIBITED.
It is unlawful to sell fireworks to any person under
the age of sixteen years. Sellers shall require proof
of age by means of display of a Washington State
driver's license or photo identification card issued by
the Washington State Department of Licensing. No other
forms of identification shall be accepted.
5.26.060 PERMIT FEES.
The annual fee for a "seller's permit" for the sale of
fireworks as may be authorized under this chapter,
shall be one hundred dollars per year for each seller's
permit, payable in advance. The fee for a "public
display permit" for the public display of fireworks
shall be fifty dollars, payable in advance.
5.26.070 ISSUANCE--NONTRANSFERABLE--VOIDING.
Each seller's permit issued under this chapter shall be
for only one retail outlet. The number of seller's
permits shall not be limited as long as all conditions
are met as stated in section 5.26.110. Each seller's
permit issued pursuant to this chapter shall be valid
only for the current year, shall be used only by the
designated permittee and shall be nontransferable.
Each public display permit issued pursuant to this
chapter shall be valid for the specific authorized
public display event only, shall be used only by the
designated permittee and shall be nontransferable. Any
transfer or unauthorized use of a permit is a violation
of this chapter and shall void the permit granted in
addition to all other sanctions provided in this code.
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5.26.080 APPLICATION FOR PUBLIC DISPLAY PERMIT.
Applications for a permit to hold, conduct or operate a
public display of fireworks shall be made to the
Edmonds Fire Marshal at least fourteen days prior to
the scheduled event. Applicants shall meet all
qualifications and requirements of state law regarding
public display of fireworks and all fire and safety
requirements as set forth in the standards for public
display.
5.26.090 APPLICATION FOR SELLER'S PERMIT --CONDITIONS
FOR ISSUANCE.
Applications for seller's permits shall be made to the
city clerk annually on or after April 1st of the year
for which the permit is issued and the filing period
shall close on April 15th of such year unless extended
by action of the city council. Applications shall be
signed before a notary public by the retail seller, if
an individual, or by the duly authorized officer, if an
association or corporation. It is unlawful for a
fireworks manufacturer, wholesaler or supplier to make
application for or to obtain a retail sales permit on
behalf of any retailer. Seller's permits for the sale
of Washington State Fire Marshal approved fireworks
shall be issued only to applicants meeting the
following conditions:
(1) The retailer or person in charge and
responsible for the retail operation shall be over
twenty-one years of age, of good moral character and of
demonstrated responsibility.
(2) The applicant shall have a valid and current
license issued by the Washington State Fire Marshal
pursuant to RCW Chapter 70.77 authorizing the holder
thereto to engage in the retail sale of fireworks.
(3) The applicant shall own or have the right to
possess a temporary fireworks stand complying with the
requirements of this chapter, and those for temporary
structures as set forth in the community development
guide.
(4) The applicant shall procure and maintain a
policy or policies of public liability and property
damage insurance issued by a company or companies
approved by the city in the following minimum amounts:
five hundred thousand dollars for injuries to any one
person in one accident or occurrence; one million
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dollars for injuries to two or more persons in any one
accident or occurrence; five hundred thousand dollars
for damage to property in any one accident or
occurrence; one million dollars combined single limit
for any one accident or occurrence. In addition, the
city is to be an additional named insured and the
policy shall provide for the immediate notification of
the city by the insurer of any cancellation of each
policy.
(5) The permit holder's location or place of
business shall be only in those areas or zones within
the city wherein commercial activities are authorized
under applicable zoning law; provided, that the sale of
Washington State Fire Marshal approved fireworks shall
not be deemed an enlargement of an existing
nonconforming use.
(6) The applicant shall post with the city a
performance bond or a cash deposit in an amount not
less than two hundred dollars, conditioned upon the
prompt removal of the temporary fireworks stand and the
cleaning up of all debris from the site of the stand,
which deposit shall be returned to the applicant only
in the event that he removes the temporary stand and
cleans up all debris to the satisfaction of the proper
officials of the city. In the event of his failure to
do so, the performance bond or cash deposit shall be
forfeited. In no event shall the applicant be entitled
to the return of the performance bond or cash deposit
if he has failed to remove the stand and clean up all
debris by the tenth of July following the sales period.
(7) Only one permit shall be issued to each
applicant.
(8) No seller's permit shall be issued for a
location which fails to meet the criteria set forth in
section 5.26.110, including the minimum stand
separation requirement. When necessary, in order to
determine priority as to a proposed location, the
earliest date and time of filing of an application for
a seller's permit with the city clerk shall be
controlling.
5.26.100 SALE FROM STANDS --EXCEPTIONS.
All Washington State Fire Marshal approved fireworks
except "toy caps" shall be sold and/or distributed only
from temporary stands.
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5.26.110 STANDARDS FOR TEMPORARY STANDS.
The temporary stands of all seller's permit holders
shall conform to the following minimum standards and
conditions:
(1) Temporary fireworks stands need not comply
with all provisions of the building code; provided,
however, that all such stands be erected under the
supervision of the building inspector, 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, the
wiring shall conform to the electrical code.
(2) No temporary fireworks stand shall be located
within fifty feet of any other building or structure,
nor within two hundred fifty feet of any gasoline
station, oil storage tank or premises where flammable
liquids or gases are kept or stored.
(3) Each temporary fireworks stand must have at
least two exits which shall be unobstructed at all
times.
(4) Each temporary fireworks stand shall have, in
a readily accessible place, at least two (2) two and
one-half gallon pressurized water fire extinguishers
which are in good working order.
(5) All weeds, grass and combustible material
shall be cleared from the location of the temporary
fireworks stand and the surrounding area to a distance
of not less than twenty-five feet, measured from the
exterior walls of the temporary fireworks stand.
(6) No smoking shall be permitted in or near a
temporary fireworks stand for a distance of not less
than fifty feet measured from the exterior walls of the
temporary fireworks stand.
(7) Each temporary fireworks stand shall have a
person who is eighteen years or older in attendance at
all times the stand is stocked. Stock from the stand
shall not be removed and stored in any other building
during the sales period without the express approval of
the fire marshal.
(8) All unsold stock and accompanying litter shall
be removed from the temporary fireworks stand by twelve
noon on the sixth day of July of each year.
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(9) No temporary fireworks stand shall be located
within seven hundred fifty feet from any other
temporary fireworks stand.
(10) Each temporary fireworks stand shall have
provisions for sufficient off-street parking, at least
fifteen spaces, to avoid impeding a continuous flow of
traffic at entrances and exits from the premises.
(11) No person shall discharge any fireworks within
two hundred fifty feet of the exterior walk of the
temporary fireworks stand and signs stating:
No discharge of fireworks within 250 feet.
shall be posted on the exterior of all walls of the
temporary fireworks stand.
5.26.120 STANDARDS FOR PUBLIC FIREWORKS DISPLAYS.
All public fireworks displays shall conform to the
following minimum standards and conditions:
(1) All public fireworks displays must be planned,
organized and discharged by a State -licensed
Pyrotechnician.
(2) A permit must be obtained from the city and
approved by the fire marshal or designee prior to any
display of public fireworks. The permit shall include
the name of the applicant and his address, the name of
the Pyrotechnician and his address; the exact location,
date and time of the proposed display; the number, type
and class of fireworks to be displayed, the manner in
which the fireworks are being stored prior to the
public fireworks display; and shall include the name
and address of the insurance company providing the bond
required.
(3) A drawing shall be submitted to the Fire
Marshal showing a plan view of the fireworks discharge
site and the surrounding area within a five -hundred -
foot radius. The drawing shall include all structures,
fences, barricades, streets, fields, streams and any
other significant factors that may be subjected to
ignition or that may inhibit firefighting capabilities.
(4) When, in the discretion of the Fire Chief,
such requirement is necessary to preserve the public
health, safety and welfare, the permit may require that
a city fire department pumper and a minimum of two
trained city firefighters shall be on site thirty
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minutes prior to and after the shooting of the event.
Firefighters shall receive a minimum compensation as
per the Washington State Chiefs Association's fee
schedule. All compensation for fire department
apparatus will be as per the Washington State Chiefs
Association's fee schedule and shall be designated to
the Edmonds Fire Department Fund.
(5) All combustible debris and trash shall be
removed from the area of discharge for a distance of
three hundred feet in all directions.
(6) All unfired or "Dud" fireworks shall be
disposed of in a safe manner.
(7) A minimum of two 2A-rated pressurized water
fire extinguishers and one fire blanket shall be
required to be at the fireworks discharge site.
(8) The permit may be immediately revoked at any
time deemed necessary by the Fire Marshal or designee
due to any noncompliance, weather conditions such as
extremely low humidity or wind factor. The display may
also be cancelled by accidental ignition of any form of
combustible or flammable material in the vicinity due
to falling debris from the display.
(9) Areas of public access shall be determined by
the Fire Marshal or designee and maintained in an
approved manner.
5.26.130 USE OF FIREWORKS IN PUBLIC PARKS AND ON
PUBLIC LAND.
It shall be unlawful for any person to discharge or
possess any fireworks upon public land or in any public
park, owned by the City of Edmonds, provided, however,
that such use shall be permitted under the following
circumstances:
A. This provision shall not apply to otherwise lawful
use on public rights of way such as sidewalks and
planting strips. This subsection shall not be a
defense to a charge of obstructing traffic or
otherwise obstructing the public rights of way.
B. The Director of Parks and Recreation is authorized
to designate limited areas for use during the hours
permitted by this chapter for the discharge of
common fireworks. Otherwise lawful discharge and
possession of common fireworks in such areas shall
not be a violation of this section. In doing so,
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the Director shall consider:
1. The sensitivity of the area's environment,
wildlife and wildlife habitat;
2. The inconvenience and nuisance to abutting
property owners;
3. The safety and suitability of the area as a
place for the discharge of fireworks; and
4. Danger of fire or other destruction of public
property and improvements form the use of the
fireworks.
Upon designation of any area, it shall be signed
and posted for use on July 4th of each year between
the hours of 9:00 a.m. and 11:00 p.m. Designation
of any area may be appealed in writing to the city
council by any citizen of the city. The decision
of the council shall be final.
C. Nothing herein shall be deemed to limit the
authority of the council to allow event display of
special fireworks under a permit issued in
accordance with the provisions of this chapter.
[Ord. 2438, 1984.]
5.26.140 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 City of Edmonds
to purchase, possess, transport or use such fireworks.
5.26.150 NONPROHIBITED ACTS - SIGNAL PURPOSES, FOREST
PROTECTION.
This chapter does not prohibit the use of flares or
fuses in connection with the operation of motor
vehicles, railroads, or other transportation agencies
for signal purposes or illumination or for use in
forest protection activities.
5.26.130 APPLICABILITY.
The provisions of this chapter shall be applicable to
the sales and use of all fireworks except "toy caps."
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5.26.140 CHAPTER IN CONNECTION WITH STATE LAW.
This chapter is intended to implement RCW Chapter
70.77, and shall be construed in connection with that
law and any and all rules or regulations issued
pursuant thereto.
5.26.150 ENFORCEMENT.
The fire chief, or designee, is authorized to enforce
all provisions of this chapter and, in addition to
criminal sanctions or civil remedies, he may revoke any
permit issued pursuant to this chapter upon any failure
or refusal of the permittee to comply with the orders
and directives of the fire chief or designee, and/or to
comply with any provisions of this chapter or the
requirements of the community development code relating
to temporary structures.
5.26.160 PENALTY FOR VIOLATIONS.
Any person violating or failing to comply with the any
provision of this chapter other than section 5.26.220
is guilty of a criminal violation, and upon conviction
thereof, shall be punished as provided in section
5.50.020(1). Violation of Section 5.26.220 shall be
punishable as provided in Section 5.50.020(2).
5.26.220 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 2. If any section, sentence, clause or phrase
of this ordinance should be held to be invalid or unconstitu-
tional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitu-
tionality of any other section, sentence, clause or phrase of
this ordinance.
Section 3. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not
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subject to referendum, and shall take effect five (5) days after
passage and publication of the ordinance or a summary thereof
consisting of the title.
APPROVED:
ATTEST/AUTHENTICATED:
C Y 8LERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK: January 19, 1989
PASSED BY THE CITY COUNCIL: March 21, 1989
PUBLISHED: April 2, 1989
EFFECTIVE DATE: April 7, 1989
ORDINANCE NO. 2706
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
199 n yhh
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No. Y7i
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DATED th15 21s� day of
March, 1989.
City CUELINE G. PARRETT
Pubilshld: April 2, 1989.
Affidavit of- Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
Ordinance No. 2706
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
.... -APri.1... 2-r..-1.989...---
and that said newspaper was regularly distributed to its subscribers
during all of said period.
Principal Clerk
Subscribed and sworn to before me this...... ZFPd.............
day ❑f-- - ...... .. .................................. 19...-.89
Apr�.i
r.. . .rf.............................
1N tary Public irl and for the State of Washington,
riding at Everett, Snohomish County.
B-2-1