Ordinance 03-066 Regulates Use & Posession of Fireworks CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 66
AN ORDINANCE OF THE CITY'OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, REGULATING THE USE AND POSSESSION OF FIREWORKS
WITHIN THE CITY IN A MANNER CONSISTENT WITH TITLE 3 OF THE
SPOKANE COUNTY CODE AND THE REVISED CODE OF WASHINGTON,
CHAPTER 70.77 TO PROHIBIT THE SALE OR DISCHARGE OF CONSUMER
FIREWORKS WTIHIN THE CITY OF SPOKANE VALLEY.
WHEREAS, the City finds that to protect persons and property within the community and
avoid unnecessary emergency expenditures, it is necessary to prohibit the sale and use of
fireworks within the City pursuant to RCW Chapter 70.77;
WHEREAS, prior to the City's incorporation Spokane County through Chapter 3.17 of
the Spokane County Code prohibited the sale or discharge of consumer fireworks within the
unincorporated areas but allowed for the manufacture, import, possession and wholesale of
fireworks through a permit process (see SCC 3.17.040(a));
WHEREAS, the Washington State Legislature in 2002 amended the State fireworks laws
to provide that cities may limit or prohibit the sale, purchase, possession or use of consumer
fireworks within their jurisdiction; and
WHEREAS, the City desires to continue the Spokane County prohibition on the sale and
discharge of consumer fireworks within the City, as well as prohibit the manufacture, import,
possession and wholesale of fireworks.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do
ordain as follows:
Section 1. Definitions.
The City pursuant to RCW 35A.11.020 and 35A.12.140 by and through this reference
hereby incorporates the definitions set forth in the State Fireworks law (RCW Chapter 70.77)
including RCW 70.77.120 through RCW 70.77.241 as now enacted or hereafter amended. These
definitions apply to words and terms used in this ordinance.
Section 2. Intent.
It is the intent of the City of Spokane Valley to continue the prohibition on the use, sale
discharge or explosion of consumer fireworks pursuant to the Spokane County Code 3.17.070
and 3.17.080 which are adopted by reference as if fully set forth herein except as modified by
this ordinance.
Section 3. Sale. Possession and Use of Fireworks.
A. No fireworks shall be sold or offered for sale within the City of Spokane Valley.
B. No person shall ignite, discharge, use or explode any fireworks within the City
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except as authorized in Section 3 of this ordinance.
C. No person under the age of 16 years shall possess any fireworks within the City
unless accompanied by an adult.
Section 4. Display Fireworks and Special Use.
A. Public display fireworks may be authorized by permit issued by the City pursuant
to RCW 70.77.260 including standards, obligations and duties set forth in RCW
Chapter 70.77.
B. Use of fireworks by religious organizations or other specific purposes set forth in
RCW 70.77.311(2)(c) and (d) is permitted oil an approved date and an approved
location pursuant to permit.
C. Use of trick and novelty devices as defined in WAC 212-17-030 as amended is
permitted.
Section 5. Permit Application. An application for a public display of fireworks or
use identified in Section 4, shall be made to the City Manager or designee as least ten (10) days
prior to the commencement or the public display. The form of the application with conditions of
approval shall be consistent with forms and conditions used or adopted by the Washington State
Patrol through the Director of Fire Protection including administrative regulations found at WAC
Chapter 212-17. Bonding and insurance requirements shall be those which are set forth in the
State Fireworks law, RCW Chapter 70.77 as amended. The City Manager or designee is
authorized to adopt forms, rules and procedures in order to implement the permit process
provided the same are consistent with Washington State law.
Section 6. Permit Fees. The City by Resolution, consistent with RCW 70.77.555,
shall establish permit fees for the public display of fireworks.
•
Section 7. Seizure of Fireworks. Any fireworks which are illegally sold, offered for
sale, used, discharged; possessed or transported in violation of this ordinance shall be subject to
immediate seizure by the City. Proceedings for forfeiture and disposal shall be through RCW
70.77.440, as amended.
Section 8. renal.. Any person violating any of the provisions of this ordinance shall
be guilty of a misdemeanor. A person is deemed to have committed a separate offense for each
and every day during which the violation is committed or continues.
In addition, a person violating this ordinance is liable for for costs and expenses incurred
by the City in bringing any civil action including court costs and reasonable investigative and
attorney fees pursuant to RCW 70.77.549.
Section 9. Severability. 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 constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
Section 10. Effective Date. This Ordinance shall be in full force and effect five (5)
days after the date of publication of this Ordinance or a summary thereof in the official
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newspaper of the City.
PASSED by the City Council this `.3* day of May, 2003.
Mayor, Michael De\'lemin
AT 1'E
• . ._ ■
Interim City Clerk, Ruth Muller
Approved As To Form:
ter' City r , .. ey, Stanl y M. Schwartz
Da of Publication: J S T�3
Effective Date: /)\ 9, 1603
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