600 Fireworks CITY OF YELM
ORDINANCE N0.600
AN ORDINANCE repealing and replacing City of Yelm Ordinance No. 213, ~8
(1~, (1) and (2) and Yelm Municipal Code Chapter Sections 5.32.010 and 5.32.020 and
establishing definitions, restrictions, and requirements for the sale, possession and
discharge of fireworks.
SECTIONS
5.32.010 ADOPTION OF STATE PROVISIONS
5.32.020 DEFINITIONS
5.32.030 SALE, POSSESSION AND DISCHARGE OF FIlZEWORKS
5.32.040 PERMITS
5.32.050 UNLAWFUL TRANSFER
5.32.060 UNLAWFUL POSSESSION OR DISCHARGE
5.32.070 UNLAWFUL SALE OR TRANSFER
SECTION 1. Sections 5.32.010 and 5.32.020 of the Yelm Municipal code are hereby
repealed and replaced with the following:
5.32.010 ADOPTION OF STATE PROVISIONS
RCW Chapter 70.77.111 through 70.77.580, the State Fireworks Law, relating to the
manufacture, importation, possession, sale, discharge, display or transportation of
fireworks is hereby adopted by reference as though fully set forth in this chapter.
5.32.020 DEFINITIONS
A. "Fireworks" means any composition 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" means any fireworks designed primarily for exhibition display
by producing visible or audible effects. The term includes (1) fireworks commonly known
as skyrockets, missile-type rockets, firecrackers, salutes, and chasers; and (2) fireworks not
classified as common fireworks.
ORD. 600
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C. "Common Fireworks" means any fireworks designed primarily to produce visual
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 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. "Retailer" includes any person who, at a fixed location or place of business, sells,
transfers, or gives common fireworks to a consumer or user.
E. "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 licensees.
5.32.030 SALE POSSESSION AND DISCHARGE OF FIlZEWORKS
A. Toy pistols, toy canes, toy guns or other similar devices in which paper caps
containing not more than 25/100 grain of explosive compound for each cap may be sold at
all times.
B. Common fireworks may be purchased, or sold within the City limits from 9:00 a.m.
on the 28th of June to 12:00 noon on the 6th of July of each year, and from 9:00 a.m. on
the twenty-seventh of December to eleven o'clock p.m. on the thirty-first of December of
each year.
C. Common fireworks may be used or discharged only between the hours of 9:00 a.m.
and 11:00 p.m. on the 28th day of June to the sixth of July, and on July 4th between the
hours of 9:00 a.m. and 12:00 midnight, and from 6:00 p.m. on December 31st until
1:00 a.m. on January 1st of the subsequent year.
D. The sale, use and possession of special fireworks or any other fireworks not
described in sections A and B shall be unlawful unless sold, possessed or used in
accordance with the provisions of RCW 70.77.
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5.32.040 PERNIITS
A Any person, firm or corporation selling fireworks within the city, either as a
wholesale dealer or as a retail dealer, shall be required as a condition of such operation to
secure from the city clerk's office a permit for such sale of fireworks. The fee for such
permits shall be effective for the full calendar year in which the permit is secured. The city
clerk is directed to issue such permits to those dealers complying with the terms of this
chapter and the RCW 70.77 upon application and payment of the permit fee.
B. The original and annual license fee shall be $30.00 for each separate retailer or
retail outlet.
C. A person who sells fireworks without a permit is guilty of a misdemeanor.
5.32.050 UNLAWFUL TRANSFER
A. Any person who knowingly sells, transfers or agrees to sell or transfer within the
City any special fireworks to any person who is not a fireworks licensee as provided for in
RCW 70.77 shall be guilty of a gross misdemeanor.
5.32.060 UNLAWFUL POSSESSION OR DISCHARGE
It shall be unlawful for any person within the City of Yelm to:
A. Possess fireworks which are not authorized by the terms of this chapter or
authorized to be in the possession of a licensee pursuant to RCW 70.77. Possession of less
than one pound of said unauthorized fireworks, exclusive of external packaging, shall
constitute a misdemeanor and possession of one pound or more of said non-authorized
fireworks, exclusive of external packaging, shall constitute a gross misdemeanor. For
purposes of this subsection, the term "external packaging: means any materials that are not
an integral part of the operative unit of the fireworks.
B. Discharge or use common fireworks within the City except between the hours of
9:00 a.m. and 11:00 p.m. on the 28th day of June to the sixth of July, and on July 4th
between the hours of 9:00 a.m. and 12:00 midnight, and from 6:00 p.m. on December 31st
until 1:00 a.m. on January 1st of the subsequent year shall constitute a misdemeanor.
C. Discharge or otherwise 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 shall constitute a gross misdemeanor.
D. To allow rubbish to accumulate in any premises in which fireworks are stored or
sold or to permit a fire nuisance to exist on such premises shall constitute a misdemeanor.
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5.32.070 UNLAWFUL SALE OR TRANSFER
It is unlawful for any person to sell or transfer any common fireworks to a consumer or
user other than at a fixed place of business of a retailer for which a license and permit have
been issued. Violation of the terms of this section shall constitute a gross misdemeanor.
SECTION 2. Repealer. Sections 5.32.010 and 5.32.020 of the Yelm Municipal
Code are hereby repealed.
SECTION 3. Severability Clause. If any provisions of this ordinance or its application to
any person or circumstance is held invalid, the remainder of the ordinance, or the
application of the provision to other persons or circumstances is not affected.
SECTION 4. Effective Date. This ordinance shall take effect from and after June 25,
1998, a date not less than one year following passage and approval.
W
Kat n M. Wolf, ayor
Attest:
Agn P. Bernick, City Clerk-Treasurer
PASSED and APPROVED: June 25, 1997
PUBLISHED: Nisqually Valley News, July 3, 1997
ORD. 600
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