Ordinance 27140006.07005
DAS/naa(2)
05/19/89
ORDINANCE NO. 27
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE EDMONDS CITY CODE BY REPEALING
CHAPTER 5.26 ENTITLED FIREWORKS, PROVIDING FOR
THE REPEAL OF SAID CHAPTER 5.26 ON JUNE 27,
1990, ENACTING A NEW CHAPTER 5.27 FIREWORKS TO
BE EFFECTIVE JUNE 28, 1990, THE SAME TO RESTRICT
THE SALE OF FIREWORKS TO A SEVERELY RESTRICTED
CLASS OF SPARKLERS AND SMOKE DEVICES, 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 exits
should be repealed and a new Chapter 5.26 entitled "Fireworks"
should be adopted; and
WHEREAS, the Edmonds City Council finds that most
fireworks are inherently dangerous, based upon the testimony
presented to it at prior legislative hearings, therefore more
restrictions should be placed on the sale of fireworks within the
City; and
WHEREAS, the Edmonds City Council finds that the type
of fireworks sold in the City should be made more restrictive
than State law in accordance with RCW 70.77.250(4); and
WHEREAS, the City must wait one year before placing
limitations on the type of fireworks sold or discharged which are
more restrictive than State law; and
WHEREAS, RCW 70.77.250(5) authorizes the City to
exercise its police powers to assist in the enforcement of RCW
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70.77.250(5); 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hereby repealed.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 Acts prohibited without a permit
5.26.030 Application for permit
5.26.040 Investigation, Report on permit
application
5.26.050 City council may grant or deny
permit - conditions
5.26.060 License required prior to issuance
of permit
5.36.070 Public display permit - granted for
exclusive purpose - nontransferable
5.26.080 Supervision of public displays
5.26.090 Permit authorizes activities of
salesmen, employees
5.26.100 Dates and time common fireworks may
be sold or discharged
5.26.110 Sales of common fireworks
5.26.120 All sales to be from temporary
stands
5.26.130 Standards for fireworks stands
5.26.140 Fire nuisance where fireworks kept
prohibited
5.26.150 Approved storage facilities required
5.26.160 Unlawful possession
5.26.165 Use of fireworks in public parks and
on public land
5.26.170 Sales or transfers of special
fireworks
5.26.180 Manufacture or sale of fireworks for
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out of state shipment
5.26.190 Special effects for entertainment
media
5.26.200 Nonprohibited acts - Signal
purposes, forest protection
5.26.210 Revocation or suspension of permit
5.26.220 Reckless discharge or use prohibited
5.26.230 Penalties for violation
5.26.240 Violation a separate, continuing
offense
5.26.010 DEFINITIONS.
Unless the context in which they are used
otherwise requires, the following definitions
shall govern the construction of the terms in
this chapter:
A. "Fireworks" means any composition or
device, in a finished state, containing
any combustible or explosive substance
for the purpose of producing a visible or
audible effect by combustion, explosion,
deflagration or detonation, and
classified as common or special
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,
missle-type rockets, firecrackers,
salutes and chasers and fireworks not
classified as common fireworks.
C. "Common fireworks" means any fireworks
designed primarily to produce visible or
audible effects by combustion.
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
sparklers;
b. Smoke devices;
C. Fireworks commonly known as
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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.
2. The term does not include fireworks
commonly known as firecrackers,
salutes, chasers, skyrockets, and
missile -type rockets.
D. "Agricultural and wildlife fireworks"
includes fireworks devices distributed to
farmers, ranchers, and growers through a
wildlife management program administered
by the United States Department of the
Interior.
E. "Public display of fireworks" means an
entertainment feature where the public is
admitted or permitted to view the display
or discharge of special fireworks.
F. "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 the hindrance to the prevention
of or extinguishment of fire.
G. "License" means a nontransferable formal
authorization which the State Director of
Community Development is permitted to
issue under Chapter 70.77 RCW to engage
in the acts specifically designated
therein.
H. "Permit" means the official permission
granted by the City of Edmonds for the
purpose of doing any act which is
regulated by this ordinance.
I. "Person" includes any individual, firm,
partnership, joint venture, association,
concern, corporation, estate, trust,
business trust, receiver, syndicate, or
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any other group or combination acting as
a unit.
J. "Manufacturer" includes any person who
manufactures, makes, constructs,
fabricates, or produces any fireworks
article or device but does not include
persons who assemble or fabricate sets or
mechanical pieces in public displays of
fireworks.
K. "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.
L. "Retailer" includes any person who, at a
fixed location or place of business,
sells, transfers, or gives common
fireworks to a consumer or user.
M. "Pyrotechnic operator" includes an
individual who by experience and training
has demonstrated the required skill and
ability for safely setting up and
discharging public displays of fireworks.
N. "Fire Chief" means the Chief
Administrative Officer of the Edmonds
Fire Department and/or his designee who
shall be the local fire official for
purposes of Chapter 70.77 RCW.
5.26.020 ACTS PROHIBITED WITHOUT A PERMIT.
No person shall do any of the following acts
in the City of Edmonds without having first
obtained and having in full force and effect
a valid permit issued by the City 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 common 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
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carrier delivering to a permittee.
5.26.030 APPLICATION FOR PERMIT
A. Any person desiring to do any act set
forth in Section 5.26.020 shall first
make written application for a permit to
the Fire Chief. The application for a
permit shall be signed by the
applicant. If the application is made by
a partnership, it shall be signed by each
partner of the partnership, and if the
application is made by a corporation, it
shall be signed by an officer of the
corporation and bear the seal of the
corporation.
The application shall be in such form as
the Fire Chief shall require and shall
include, at a minimum, 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 possesses a license issued
by the State Director of Community
Development to do the act for which
the permit is sought, and the
current status of the said license;
4. The proposed location at which the
applicant intends to perform the act
for which the permit is sought; and
5. Such other information as the Fire
Chief may require in order to make
any investigation or report required
by of this chapter.
B. All applications for permits pursuant to
this chapter shall be accompanied by a
nonrefundable permit fee of Thirty
Dollars ($30.00). The City Council
hereby finds that this charge is
necessary to cover the legitimate
administrative costs for permit
processing and inspection.
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C. All applications for permits pursuant to
this chapter shall be accompanied by a
certificate of insurance coverage
evidencing the carrying of a
comprehensive general liability insurance
policy with a minimum coverage of
$500,000 and $1,000,000 for bodily injury
liability for each person and event,
respectively, and not less than $500,000
for property damage liability for each
event. Such general liability policy
shall name the City of Edmonds 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.
D. Applications for public display of
fireworks shall be made in writing at
least ten (10) days in advance of the
proposed display.
E. Applications for the sale of fireworks
shall be made in writing and shall be
filed with the City Clerk on or before
April 15th of the year for which the
applicant requests a permit. In the
event that two applications are received
for the same location or other locations
within five hundred (500) feet of each
other, the first complete application
conforming to the requirements of this
chapter and Chapter 70.77 RCW shall be
given precedence.
5.26.040 INVESTIGATION, REPORT ON PERMIT
APPLICATION.
It shall be the duty of the Fire Chief to
make an investigation and prepare a report of
his findings and conclusions for or against
the issuance of the permit, together with his
reasons therefor. In the case of an
application for a permit for a public display
of fireworks, the Fire Chief shall, in
addition to any other investigation, make an
investigation as to whether such display as
proposed will be of such a character and will
be so located that it may be hazardous to
property or dangerous to any person.
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5.26.050 CITY COUNCIL MAY GRANT OR DENY
PERMIT - CONDITIONS.
The City Council shall have the power to
grant or deny any application for a permit,
or to subject the same to such reasonable
conditions, if any, as it shall prescribe.
5.26.060 LICENSE RE MIRED 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 Director of
Community Development, pursuant to Chapter
70.77 RCW, to do the particular act or acts
for which the permit is sought.
5.26.070 PUBLIC DISPLAY PERMIT - GRANTED FOR
EXCLUSIVE PURPOSE - NONTRANSFERABLE.
If a permit for the public 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.
5.26.080 SUPERVISION OF PUBLIC DISPLAYS.
Every public display of fireworks shall be
handled or supervised by a pyrotechnic
operator approved by the Fire Chief.
5.26.090 PERMIT AUTHORIZES ACTIVITIES OF
SALESMEN, EMPLOYEES.
The authorization to engage in the particular
act or acts as conferred by a permit to a
person shall extend to salesmen and other
employees of such person.
5.26.100 DATES AND TIME COMMON FIREWORKS MAY
BE SOLD OR DISCHARGED.
No common fireworks shall be sold or
discharged within the City of Edmonds 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.
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5.26.110 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.
5.26.120 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 16th day of July of the same year.
5.26.130 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
chapter shall conform to the following
minimum standards and conditions:
A. Fireworks stands shall comply with all
provisions of the building code 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 fifty (50) feet of any other
building or structure.
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 accessible place, at least two
fire extinguishers approved by the Fire
Chief.
E. All weeds, grass and combustible material
shall be cleared from the location of the
fireworks stand and the surrounding area
for a distance of not less than twenty
(20) feet, measured from the exterior
walls on each side of the fireworks
stand.
F. No smoking shall be permitted in or near
a fireworks stand, and the same shall be
posted with proper "No Smoking" signs.
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G. Each fireworks stand
in attendance at all
is stocked. Stock
not be removed or
building during the
the express written
Chief.
shall have an adult
times that the stand
from the stand shall
stored in any other
sales period without
approval of the Fire
H. No fireworks stand shall be located
within a radius of five hundred feet from
any other stand.
I. Each fireworks stand shall have, in the
opinion of the Fire Chief, provision for
sufficient off street parking to avoid
impeding continuous flow of traffic at
entrances and exits from the premises.
J. Each fireworks stand shall post
prominently a list of fireworks that may
be sold to the public.
5.26.140 FIRE NUISANCE WHERE FIREWORKS KEPT
PROHIBITED.
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.
5.26.150 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 Chief 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 31st of
the same year to the approved storage
facilities of a licensed fireworks
wholesaler, to a magazine or storage place
approved by the Fire Chief or to a place
approved by the State Fire Chief. Upon
receiving a written application at least ten
days prior to the date of proposed storage,
the Fire Chief 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
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investigation, the Fire Chief may grant or
deny any application for storage or to
subject the same to such reasonable
conditions, if any, as he shall prescribe.
5.26.160 UNLAWFUL POSSESSION
The possession of any class or kind of
fireworks in violation of the provisions of
this chapter is prohibited.
5.26.165 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, 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
from the use of the fireworks.
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Upon designation of any area, it shall be
signed and posted for use during the
period from June 30 through July 4th of
each year by June 15th of that year.
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.
5.26.170 SALES OR TRANSFERS OF SPECIAL
FIREWORKS.
No person shall sell or transfer special
fireworks to any person who is not a
fireworks permittee as provided in this
chapter.
5.26.180 MANUFACTURE OR SALE OF FIREWORKS
FOR OUT OF STATE SHIPMENT.
This chapter does not prohibit any
manufacturer, wholesaler, dealer, or jobber,
having a license issued by the State Director
of Community Development and a permit secured
under the provisions' of this chapter from
manufacturing or selling any kind of
fireworks for direct shipment out of this
state.
5.26.190 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.
5.26.200 NONPROHIBITED ACTS - SIGNAL
PURPOSES, FOREST PROTECTION.
This chapter does not prohibit the use of
flares or fuses in connection with the
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operation of motor vehicles, railroads, or
other transportation agencies for signal
purposes or illumination or for use in forest
protection activities.
5.26.210 REVOCATION OR SUSPENSION OF PERMIT.
A. Authority. The Fire Chief may at any
time suspend or revoke any permit issued
under the provisions of this chapter, if
the permittee has:
1. Violated any of the provisions of
this chapter or if any of his
servants, agents or employees have
violated any provisions of this
chapter;
2. Made any false statement or
misrepresentation of fact in
connection with obtaining the
permit; or
3. Failed to obtain or has had any
license required by the State of
Washington issued pursuant to
Chapter 70.77 RCW or required by
this chapter, suspended or revoked;
or
4. Has had any insurance coverage
required by this chapter cancelled,
revoked or lapsed.
B. Effective Date of Revocation. When the
Fire Chief determines that there is cause
for revoking or suspending any permit
issued pursuant to this chapter, the Fire
Chief shall notify the person holding
such permit. The notice shall specify
the grounds for the suspension or
revocation of the permit. The suspension
or revocation shall become effective
immediately upon receipt of the notice by
the permittee.
C. Appeal. The decision of the Fire Chief
with respect to the revocation or
suspension of any permit issued under
this chapter shall be final. Any
permittee whose permit is suspended or
revoked may appeal the decision of the
Fire Chief to the Snohomish County
Superior Court by filing such appeal
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within ten (10) days of the date of the
final decision of the Fire Chief. This
shall be the exclusive remedy of any
permittee under this chapter.
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.
5.26.230 PENALTIES FOR VIOLATION.
Any person violating any of the provisions of
this chapter shall, upon a finding that such
violation was committed, be punished by a
monetary penalty in a sum not exceeding five
hundred dollars ($500.00) or imprisonment not
to exceed 180 days or by both such fine and
imprisonment.
5.26.240 VIOLATION A SEPARATE, CONTINUING
OFFENSE.
A person commits a separate offense for each
day during which he commits, continues, or
permits a violation of any provision of this
chapter.
Section 3. Effective on the 27th day of June, 1990,
Chapter 5.26 of the Edmonds City Code as adopted by this ordinance
shall be repealed.
Section 4. A new Chapter 5.27 Fireworks is hereby
adopted, effective June 27, 1990, to become effective upon repeal
of ECC Chapter 5.26, and added to the Edmonds City Code to read as
follows:
Chapter 5.27
VTVVWnVVC
Sections•
5.27.010 Definitions
5.27.020 Sale of fireworks unlawful
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5.27.030 Possession, use and discharge of
dangerous fireworks unlawful
5.27.040 Permit required to sell or display
fireworks
5.27.050 Time limit set on sale and use
5.27.060 Permit fees
5.27.070 Issuance--Nontransferable--Voiding
5.27.080 Application for public display
permit
5.27.090 Application for seller's permit --
Conditions for issuance
5.27.100 Sale from stands --Exceptions
5.27.110 Standards for temporary stands
5.27.120 Standards for public fireworks
displays
5.27.130 Use of Fireworks in Public Parks and
Public Land.
5.27.140 Special Effects for Entertainment,
Media
5.27.150 Nonprohibited Acts - Signal
Purposes, Forest Protection
5.27.160 Applicability
5.27.170 Chapter in connection with state law
5.27.180 Enforcement
5.27.190 Penalty for violations
5.27.200 Reckless Discharge or Use Prohibited
5.27.010 DEFINITIONS.
The definitions of Chapter 70.77 RCW as now
stated or hereafter 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
hereafter 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. In addition,
the following term(s) are defined:
(1) Dangerous Fireworks: Any firework not
defined as a "common firework" under the
provisions of RCW 70.77.136.
5.27.020 SALE OF FIREWORKS UNLAWFUL.
It is unlawful for any person to sell any
fireworks within the city other than those
fireworks designated in section 5.27.050;
provided, that this prohibition shall not
apply to duly authorized public displays.
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5_._27.030 POSSESSION_ USE AND DISCHARGE OF
❑ANGEROUS FIREWORKS UNLAWFUL.
It is unlawful for any person to sell,
possess, use, transfer, discharge or explode
any dangerous firework within the City;
provided that this prohibition shall not
apply to duly authorized public displays.
5.27.040 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.
5.27.050 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 12:00 noon on the
28th of June to 12:00 noon on the 6th of July
of each year. No fireworks may be sold or
discharged between the hours of 11:00 p.m.
and 9:00 a.m. Provided, the sale of
fireworks as provided in this section shall
be limited to the following:
Dipped Stick, Sparklers; and
Smoke Devices.
5.27.060 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.
5.27.070 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 5.27.110. Each
seller's permit issued pursuant to this
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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.
5.27.080 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.
5.27.090 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 those fireworks
allowed pursuant to section 5.27.040 shall be
issued only to applicants meeting the
following conditions:
A. 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.
B. The applicant shall have a valid and
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current license issued by the Washington
State director of community development
through the Washington State director of
fire protection pursuant to Chapter 70.77
RCW authorizing the holder thereto to
engage in the retail sale of fireworks.
C. 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.
D. 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 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.
E. 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 those fireworks authorized by
section 5.27.050 shall not be deemed an
enlargement of an existing nonconforming
use.
F. 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
DAS00646O -18-
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.
G. Only one permit shall be issued to each
applicant.
H. No seller's permit shall be issued for a
location which fails to meet the criteria
set forth in section 5.27.110, 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.
5.27.100 SALE FROM STANDS --EXCEPTIONS.
All approved fireworks as set forth in
section 5.27.050, except toy paper caps
containing not more than twenty-five
hundredths grain of explosive compound for
each cap and trick or novelty device not
classified as common fireworks, shall be sold
and/or distributed only from temporary
stands.
5.27.110 STANDARDS FOR TEMPORARY STANDS.
The temporary stands of all seller's permit
holders shall conform to the following
minimum standards and conditions:
A. 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.
B. No temporary fireworks stand shall be
DAS00646O -19-
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.
C. Each temporary fireworks stand must have
at least two exits which shall be
unobstructed at all times.
D. 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.
E. All weeds, grass and
shall be cleared from
temporary fireworks
surrounding area to
less than twenty-five
the exterior walls
fireworks stand.
combustible material
the location of the
stand and the
a distance of not
feet, measured from
of the temporary
F. 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.
G. 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.
H. All unsold stock and accompanying litter
shall be removed from the temporary
fireworks stand by 12:00 noon on the
seventh day of July of each year.
I. No temporary fireworks stand shall be
located within five hundred feet from any
other temporary fireworks stand.
J. 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.
DAS00646O -20-
K. No person shall discharge any fireworks
within two hundred fifty feet of the
exterior walls 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.
5.27.120 STANDARDS FOR PUBLIC FIREWORKS
DISPLAYS.
All public fireworks displays shall conform
to the following minimum standards and
conditions:
A. All public fireworks displays must be
planned, organized and discharged by a
State -licensed Pyrotechnician.
B. 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.
C. 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.
D. 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
DAS00646O -21-
city fire department pumper and a minimum
of two trained city firefighters shall be
on site thirty 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
General Fund.
E. All combustible debris and trash shall be
removed from the area of discharge for a
distance of three hundred feet in all
directions.
F. All unfired or "Dud" fireworks shall be
disposed of in a safe manner.
G. A minimum of two 2A-rated pressurized
water fire extinguishers and one fire
blanket shall be required to be at the
fireworks discharge site.
H. 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.
I. Areas of public access shall be
determined by the Fire Marshal or
designee and maintained in an approved
manner.
5.27.130 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
DAS00646O -22-
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 fireworks as
allowed be section 5.27.050. Otherwise
lawful discharge and possession of
fireworks as allowed by section 5.27.050
in such areas shall not be a violation of
this section. In doing so, 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
from the use of the fireworks.
C. Upon designation of any area, it shall be
signed and posted by July ist of each
year for use on July 4th 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.
D. 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.
5.27.140 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
DAS006460 -23-
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.
5.27.150 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.
5.27.160 APPLICABILITY.
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 device not classified as common
fireworks.
5.27.170 CHAPTER IN CONNECTION WITH STATE
LAW.
This chapter is intended to implement Chapter
70.77 RCW, and shall be construed in
connection with that law and any and all
rules or regulations issued pursuant thereto.
5.27.180 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.
5.27.190 PENALTY FOR VIOLATIONS.
Any person violating or failing to comply
with the any provision of this chapter other
than section 5.27.200 is guilty of a criminal
DAS006460 -24-
violation, and upon conviction thereof, shall
be punished as provided in section
5.50.020(1). Violation of Section 5.27.200
shall be punishable as provided in Section
5.50.020(2).
5.27.190 RECKLESS DISCHARGE ❑R 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 5. If any section, sentence, clause or phrase
of this ordinance should be held to be invalid or unconstitutional
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 6. This ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not
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, provided that the actual effective dates
for enforcement of Section 4 shall be June 28, 1990, as provided
in Section 3 hereof.
ATTEST/AUTHENTICATED:
�CITYI CLERK, JACQUELINE G. PARRETT
DAS00646O -25-
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
f
FILED WITH THE CITY CLERK: May 23, 1989
PASSED BY THE CITY COUNCIL: May 23, 1989
PUBLISHED: May 28, 1989
EFFECTIVE DATE: June 2, 1989
ORDINANCE NO. 2714
DAS006460 -26-
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
the city Council of
7dmonds, passed On
2714. A sumrnory of
of sold apprrrdlnancu, a
"'ANe�}RbINANCE
CITY OF E
WASHINGTON A
THE EDMOOF, C
BY REPEALING
FI
PROV1D4NG ENTITLED F
REPEAL OF SAID
5.26 ON JUNE
ENACTING A HEW
5.27 FIR(.TAEWOR E
THE SAME TO
THE SALE OF F
The full text of this ordinance
will he molted upon request.
DATED this 24th day of May, -
1989.
JACQUELINE G. PARRETT
i CA Clerk
- Puhltshed: Move 28. 1999.
ss.
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 ........................................
.... Ord-inanc.e--- No.,--.2714.................................... ...............•-•-•------•-.................
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:
May... 28 7...1989........ ......................................................
and that said newspaper was regularly distributed to its subscribers
during all of said period.
.......:....:.x........................,..,-........................... .....................
.
Principal Clerk
Subscribed and sworn to before me this ......... 28th
dayof...:... . ............ Hay ............ ram ............................ 19.... 89
................................*................ _......
Notary` Public in and for the State of Washington,
residing at Everett, Snohomish County.
B-2-1