Chapter 9.12
FIREWORKS
Sections:
9.12.010 Title.
9.12.020 Definitions.
9.12.025 State statutes and regulations adopted by reference.
9.12.030 Application for annual retail fireworks sales permit.
9.12.040 Investigation and granting of permits – Number issued by city.
9.12.050 Permit required.
9.12.060 License from State Patrol Fire Protection Bureau required.
9.12.070 Cleanup – Cash debris bond.
9.12.100 Fireworks stands – Operators.
9.12.110 Fireworks stands – Compliance with state and local laws and regulations.
9.12.120 Fireworks stands – Additional regulations.
9.12.130 Fireworks – Time of sale and use.
9.12.140 Public display of fireworks – Rules – Investigation – Permit.
9.12.145 Repealed.
9.12.150 Violation – Penalties.
9.12.160 Suspension, denial or revocation of permit.
9.12.900 Severability.
9.12.010 Title.
This chapter shall be known as the “fireworks ordinance” of the city of Lynnwood, and may be cited as such. (Ord. 2840 § 1, 2010; Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 1258 § 2, 1982)
9.12.020 Definitions.
A. “Fireworks” means any fireworks as defined in RCW 70.77.126, as now or hereafter amended.
B. “Common fireworks” means any fireworks as defined in RCW 70.77.136, as now or hereafter amended.
C. “Special fireworks” means any fireworks as defined in RCW 70.77.131, as now or hereafter amended. (Ord. 2840 § 1, 2010; Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1395 § 1, 1984; Ord. 1258 §§ 3, 4, 1982)
9.12.025 State statutes and regulations adopted by reference.
The following statutes and administrative code sections, as now or hereafter amended, are adopted by reference as and for a portion of the fireworks provisions of this city as if set forth in full herein:
RCW
70.77.255 Acts prohibited without appropriate license.
70.77.260(2) Application for public display permit.
70.77.285 Public display permit – Bond or insurance for liability.
70.77.295 Public display permit – Amount of bond or insurance.
70.77.345 Duration of licenses and retail fireworks sales permits.
70.77.420 Storage permit required – Application – Investigation – Issuance.
70.77.425 Approved storage facilities required.
70.77.485 Unlawful possession of fireworks.
70.77.488 Unlawful discharge or use of fireworks.
WAC
212-17-21509 Location of retail fireworks stands.
212-17-21511 Area around the retail fireworks stand.
212-17-21513 Stand use and construction.
212-17-21515 Operation of retail fireworks stands.
212-17-21517 Temporary fireworks storage associated with the retail fireworks stand operation.
(Ord. 2840 § 1, 2010; Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1510 § 1, 1986)
9.12.030 Application for annual retail fireworks sales permit.
A. Application for an annual retail fireworks sales permit shall be made on forms prescribed by the city and shall:
1. Be signed by an officer of the corporation, association or other entity who will operate the stand and be submitted to the office of the finance director no later than June 1st of the year for which the permit is desired;
2. Contain the street address and telephone number where any fireworks stock will be stored if not left in the stand, including the name of the person(s) responsible for each storage location;
3. Set forth the exact location of the fireworks stand for which application is made;
4. Include a certificate of insurance with the city and the applicant as named insured. Policy limits shall be not less than $50,000 and $500,000 for bodily injury liability for each person and occurrence, respectively, and $100,000 for property damage liability for each occurrence, unless such insurance is not readily available from at least three approved insurance companies. If insurance in this amount is not offered, each fireworks permit shall be covered by a liability insurance policy in the maximum amount offered by at least three different approved insurance companies;
5. Be accompanied by a permit fee of $100.00 for each retail sales outlet. In addition, a detailed construction plan of each proposed stand and plot plan shall be submitted with the application, showing parking configurations and traffic lanes, and proposed barricaded or roped-off areas;
6. Contain an affirmation by the applicant that the applicant shall familiarize all persons working in its retail fireworks stand(s) with the provisions of Chapter 212-17 WAC;
7. Be accompanied by a cash debris bond in the amount of $150.00 per stand, conditioned upon the removal of the temporary stand and the cleaning up of all debris and litter from the site and adjoining area of the temporary stand by 11:59 p.m., July 15th, for the Fourth of July selling period, and otherwise as prescribed by the city; and
8. Be accompanied by a permission letter signed by the property owner, or owner’s authorized representative, authorizing the applicant’s use of the property for retail fireworks sales.
B. No person less than 18 years of age may apply for or be issued a permit under this chapter.
C. Applications which are incomplete or submitted late will not be processed. (Ord. 2840 § 1, 2010; Ord. 2699 § 19, 2007; Ord. 2683 § 10, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1463 § 1, 1985; Ord. 1395 § 2, 1984; Ord. 1258 § 5, 1982)
9.12.040 Investigation and granting of permits – Number issued by city.
A. Upon receiving an application for a retail fireworks sales permit or other permit authorized under RCW 70.77.260(1), the city fire marshal shall investigate the application and submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the finance director, who shall forward a copy of the report to the city council.
B. The finance director shall be the designee of the city council under RCW 70.77.270, and shall grant the application for a permit if the application meets the standards set forth in the state fireworks law, Chapter 70.77 RCW, and the applicable ordinances of the city. The finance director shall grant or deny the application within 30 days of receipt of the application.
C. There shall be no limitation on the number of retail fireworks sales permits issued within or by the city of Lynnwood; however, each stand shall be considered a separate business from any other stand and must have a separate permit. (Ord. 2840 § 1, 2010; Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1258 § 6, 1982)
9.12.050 Permit required.
A. It is unlawful for any person, firm, partnership, corporation, association or other entity to engage in the retail sale of fireworks, or in any other activity for which a city permit is required under RCW 70.77.255, within the city without first obtaining the appropriate permit from the city.
B. The permit shall be posted in a conspicuous place on or in the retail stand so as to be readily visible from outside the stand. (Ord. 2840 § 1, 2010; Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1395 § 3, 1984; Ord. 1258 § 7(a), 1982)
9.12.060 License from State Patrol Fire Protection Bureau required.
It shall be unlawful for any person, firm, partnership, corporation, association or other entity to engage in the retail sale of fireworks within the city of Lynnwood without first obtaining a license from the Director of the Washington State Patrol Fire Protection Bureau. The license from the Director of the Washington State Patrol Fire Protection Bureau shall be current during all retail sales of fireworks within the city of Lynnwood. (Ord. 2840 § 1, 2010; Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1258 § 7(b), 1982)
9.12.070 Cleanup – Cash debris bond.
The cash debris bond in the amount of $150.00 per stand shall be returned to the permittee only in the event the permittee removes said temporary stand and cleans up all debris to the satisfaction of the proper officials of the city of Lynnwood; in the event of the permittee’s failure to do so, or failure to remove the temporary stand and clean up debris by the time required in LMC 9.12.030, the bond shall be forfeited to the city. The permittee shall also be liable to the city for any cleanup costs plus a 15 percent administrative fee incurred by the city which exceed the amount of the bond. (Ord. 2840 § 1, 2010; Ord. 2699 § 20, 2007; Ord. 2683 § 10, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1395 § 4, 1984; Ord. 1258 § 7(c), 1982)
9.12.100 Fireworks stands – Operators.
No person other than the permittee, permittee’s organization or affiliate shall operate the stand for which the permit is issued. At least one adult person 18 years of age or older shall be present at all times in every retail fireworks stand during the hours of sale to the public and shall be responsible for supervision of the retail fireworks stand and its operation. No person, other than customers, under the age of 16 shall be allowed within a retail fireworks stand when it is open to the public. (Ord. 2840 § 1, 2010; Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1395 § 7, 1984; Ord. 1258 § 8, 1982)
9.12.110 Fireworks stands – Compliance with state and local laws and regulations.
All retail sales of common fireworks shall be permitted only from within a temporary fireworks stand, or other structure which is in compliance with applicable provisions of the state fireworks law, Chapter 70.77 RCW, and administrative regulations promulgated thereunder. The city fire marshal will provide to all fireworks stand permittees a fireworks stand checklist setting forth a summary of certain fireworks stand requirements imposed by state law and city ordinance. Permittees are required to follow and comply with all of the specific requirements of city and state law, including but not limited to the state fireworks law, Chapter 212-17 WAC, and the provisions of this chapter, as now or hereafter amended. (Ord. 2840 § 1, 2010; Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1258 § 9, 1982)
9.12.120 Fireworks stands – Additional regulations.
Fireworks stands shall be subject to the following provisions:
A. A fireworks stand may only be located in a commercial zone established by the city.
B. Temporary fireworks stands less than 400 square feet need not comply with the provisions of the building code of the city; provided, however, that all stands shall be erected under the supervision of the city fire marshal or his designee, who shall require that those stands be constructed in a manner which shall reasonably ensure the safety of attendants and patrons. Fireworks stands shall be inspected and approved by the city fire marshal or his designee as a condition of, and prior to, opening for business.
C. Fireworks stands shall comply with all provisions of Chapter 212-17 WAC, as now or hereafter amended, including, but not limited to, the location of the stands, setback requirements, and siting of the stands, use of the stands and areas around the stands, cleanup of the area around the stands, transportation of fireworks to and from the stands, and temporary storage of fireworks associated with the retail fireworks stands. (Ord. 2840 § 1, 2010; Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1463, 1985; Ord. 1395 § 8, 1984; Ord. 1258 § 9, 1982)
9.12.130 Fireworks – Time of sale and use.
A. Time of Sale and Use. Except as provided in RCW 70.77.311, and with the permission of the fire marshal, no common fireworks shall be sold within the city except from 12:00 noon on July 1st to 10:00 p.m. on July 4th. Discharging of fireworks shall be allowed from 9:00 a.m. until 11:00 p.m. on July 4th only. Except as provided above, the sale or discharge of common fireworks is prohibited.
B. Any person, corporation, association or other entity that is found guilty, pleads guilty or forfeits bail for any violation of this section shall not be issued a permit under this chapter by the city for a five-year period. (Ord. 2840 § 1, 2010; Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1958 § 1, 1993; Ord. 1395 § 9, 1984; Ord. 1258 § 10, 1982)
9.12.140 Public display of fireworks – Rules – Investigation – Permit.
The city fire marshal shall be authorized to adopt reasonable rules for the issuance or denial of a permit for a public display of fireworks. Following receipt of an application for a permit under RCW 70.77.260(2) for a public display of fireworks, the city fire marshal shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. Based on the investigation, the fire marshal shall submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the finance director who shall forward the report to the city council. The city council shall grant the application if it meets the requirements of Chapter 70.77 RCW and this chapter. (Ord. 2840 § 1, 2010; Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1258 § 11, 1982)
9.12.145 Authority of fire personnel to exercise powers of police officer.
Repealed by Ord. 2183.
9.12.150 Violation – Penalties.
A. Unless a specific penalty is prescribed in this chapter, anyone who violates any provision of this chapter or any of the conditions of any permit issued hereunder, or who causes another to do so, shall be guilty of a misdemeanor, punishable by a fine not to exceed $1,000 and 90 days imprisonment in the city jail.
B. In addition, violation(s) of any of the provisions of this chapter or any of the conditions imposed upon a permit issued hereunder shall subject the permit to suspension or revocation, as provided herein.
C. In addition, or alternatively, violation(s) of any of the provisions of this chapter or any of the conditions imposed upon a permit issued hereunder shall subject the permittee to a daily civil penalty in the amount provided by LMC 1.01.085. (Ord. 2840 § 1, 2010; Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998; Ord. 1515 § 2, 1986; Ord. 1395 § 11, 1984; Ord. 1258 § 12, 1982)
9.12.160 Suspension, denial or revocation of permit.
A. If an application for a retail fireworks sales permit or other permit authorized under RCW 70.77.260(1) is denied, the finance director shall so notify the applicant in writing, indicating the reasons for denial and notifying the applicant of his/her right to appeal by filing with the finance director’s office, within five days of the denial notice, a written request for a hearing before the finance director or his/her designee, who shall hold a hearing within three city of Lynnwood working days from receipt of the appeal. The applicant shall have the burden of proof. A written decision on the appeal shall be issued within two working days following the hearing.
B. Any permit issued hereunder may be revoked or suspended, as provided herein, by the finance director upon the giving of one day’s notice; provided, however, that the fire marshal or designee may suspend or revoke such permit effective immediately whenever necessary to prevent serious injury to person(s), property or the public peace, health, safety or welfare. Written notice of suspension or revocation shall be delivered to the organizer, permittee or to the operator or manager of the activity authorized by the permit.
C. The permittee shall have the right to appeal the suspension or revocation of a permit by filing a written appeal with the finance director no later than the next working day from date of suspension or revocation. A hearing on the appeal shall occur before the finance director or designee on or before the next working day following receipt of the appeal. The permittee shall have the burden of proof. A written decision of the appeal shall be issued no later than the next working day following the hearing. If the finance director or designee determines that the permit should not be revoked or should no longer be suspended, the permit shall be reinstated. The suspension or revocation of the permit shall not be stayed during the pendency of the appeal. In the event that a permit is reinstated, the appeal period shall not extend the time period for which the permit is issued.
D. An appeal from a denial, suspension or revocation of a permit hereunder may, at the option of the city, be consolidated with any related appeal from a denial, suspension or revocation of any other required permit hereunder. (Ord. 2840 § 1, 2010; Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 2183 § 1, 1998)
9.12.900 Severability.
If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 2840 § 1, 2010; Ord. 2683 § 10, 2007; Ord. 2506 § 1, 2004; Ord. 1958 § 3, 1993)