Chapter 9.16 SALE AND DISCHARGE OF FIREWORKS

9.16.005 Definitions.

9.16.010 Use prohibited.

9.16.015 Permit required--Fee.

9.16.020 Sale prohibited.

9.16.030 Dates and hours of sale and discharge.

9.16.050 Public display.

9.16.080 Violation--Penalty.

9.16.005 Definitions.

“Consumer fireworks” mean any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing fifty milligram or less of explosive materials, and aerial devices containing one hundred thirty milligram or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002, and not including fused setpieces containing components which together exceed fifty milligram of salute powder.
“Illegal consumer fireworks” mean consumer fireworks that cannot be sold to the public pursuant to RCW 70.77.401 or consumer fireworks not approved for sale to the public under WAC 212-17-198.
“Legal consumer fireworks” mean consumer fireworks not prohibited for sale to the public pursuant to RCW 70.77.401 and that may be sold to the public under WAC 212-17-198. (Ord. 1168 § 2 (part), 2005).

9.16.010 Use prohibited.

The discharge, firing or use of all illegal fireworks within the city is prohibited; provided, however, that the city council may permit the public display of such fireworks in the city in compliance with KMC Section 9.16.050. (Ord. 1168 § 2 (part), 2005).

9.16.015 Permit required--Fee.

No person or dealer shall engage in the sale of legal consumer fireworks without first obtaining an annual permit therefor from the office of the city clerk-treasurer. No permit will be issued unless the applicant has obtained a Washington State Fireworks Stand License and provides proof of insurance as required under Section 9.16.050(H) of this chapter. The permit fee shall be as established by resolution of the city council. The sale of such fireworks shall be regulated by state law and city ordinances. (Ord. 1168 § 2 (part), 2005).

9.16.020 Sale prohibited.

It is unlawful for any person or dealer therein to sell, expose or offer for sale or in any manner furnish or dispose of to any person in the city, any of the explosives, firecrackers or fireworks the use of which is prohibited by Section 9.16.010 of this chapter. (Ord. 1168 § 2 (part), 2005).

9.16.030 Dates and hours of sale and discharge.

A. The sale of any fireworks within the city limits of the city of Kalama may be conducted from twelve noon on June 28th through nine p.m. July 5th; and from twelve noon December 28th through eleven p.m. December 31st. Sales may begin at noon on June 28th until eleven p.m.; and be conducted from nine a.m. until eleven p.m. daily from June 29th through July 4th and from nine a.m. until nine p.m. on July 5th. Sales in December may be conducted daily from noon until eleven p.m.
B. Fireworks may only be discharged within the city of Kalama from noon until eleven p.m. on June 28th and between the hours of nine a.m. and eleven p.m. for the period of June 29th through July 4th; and between the hours of nine a.m. and nine p.m. on July 5th; and between the hours of six p.m. on December 31st until one a.m. on January 1st. (Ord. 1168 § 2 (part), 2005).

9.16.050 Public display.

Public display of fireworks shall be in accordance with RCW 70.77 and WAC 212.17 and the following:
A permit will be required for all public displays of fireworks. Any person desiring to put on a public display of fireworks shall apply in writing to the city for a permit at least thirty days in advance of the proposed display. The applicant shall submit information and evidence concerning the following:
A. The name of the organization sponsoring the display, if other than the applicant;
B. The date the display will be held;
C. The exact location of the display;
D. The name and license number of the pyrotechnic operator who is to supervise discharge of the fireworks, and the name of at least one experienced assistant;
E. The number of set pieces, shells (specify single or multiple break), and other items;
F. The manner and place of storage of such fireworks prior to the display;
G. A diagram of the ground on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways and other lines of communication, the lines behind which the audience will be restrained, and the location of all nearby trees, telegraph or telephone lines, or other overhead obstruction;
H. Applicant shall procure and maintain public liability insurance with limits not less than one million dollars for general liability insurance, not less than one million dollars for bodily injury liability for each person and event, respectively, and not less than five hundred thousand dollars property damage insurance for each event. Such general liability policy shall name the city as an additional assured and shall contain a provision that it will not be canceled or reduced without thirty days advance written notice to the city;
I. The applicant will also procure a State Fire Marshal’s general license for the public display of fireworks. (Ord. 1168 § 2 (part), 2005).

9.16.080 Violation--Penalty.

Any person violating any provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor. Any person convicted of a misdemeanor under this chapter shall be punished by a fine of not more than one thousand dollars, or by imprisonment not to exceed ninety days, or by both such fine and imprisonment. (Ord. 1168 § 2 (part), 2005).