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16.65.051 Substitution for Section 5601.1.3 of the IFC – Fireworks.
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(1) The possession, manufacture, storage, sale, and handling of fireworks are prohibited except those permitted under subsection (2) of this section, or exempt under subsection (3) of this section.

(2) Permitted Fireworks. Consumer fireworks as defined by RCW 70.77.136, which are small devices designed to produce audible affects such as a whistling device, ground device containing 50 milligrams or less of explosive materials, except aerial devices, or such other devices that may be launched, discharged, or may become airborne. Approved consumer fireworks for the purpose of this section shall be identified from the Washington State Patrol list of consumer fireworks pursuant to RCW 70.77.575 and posted upon the City’s website at www.pasco-wa.gov, and generally identified under the Washington State Patrol Fire Protection Bureau – Prevention Division website as Consumer Fireworks for Sale in Tents and Stands.

(3) Exceptions.

(a) Storage and handling of fireworks as allowed in Section 5604 by persons or entities having the required licenses from the State of Washington for manufacture, storage and wholesale distribution of fireworks at a location zoned Industrial and approved by the City for the purpose of the distribution of such fireworks for retail sale in or outside City limits.

(b) The use of fireworks for fireworks displays as allowed in Section 5608 (Fireworks Display).

(c) Possession, storage, sale, and handling of specific consumer fireworks as defined in subsection (2) of this section.

(4) The City Manager or his/her designee, after consulting with the Fire Chief, Police Chief, other officials and information as deemed appropriate, may prohibit the discharge of all fireworks during periods of extreme fire emergency. The City Manager or his/her designee shall consider relevant advisory notices from such organizations as Emergency Management Division Washington, Franklin County Emergency Management and regional declarations of emergency in making a decision to enact emergency restrictions on the discharge of fireworks.

(5) Retail sales of permitted consumer fireworks, as provided in subsection (2) of this section, shall be allowed within City limits in certain zones and during specific dates of each year and also subject to other criteria as provided for in this chapter and in PMC 5.96 “Fireworks Sales and Wholesale Distribution.”

(6) Discharge of Fireworks. Permitted consumer fireworks may be used for discharge only on the dates and times permitted by RCW 70.77.395, consisting of each day between the hours of 12:00 noon and 11:00 p.m. on June 28th; between the hours of 9:00 a.m. and 11:00 p.m. on June 29th to July 3rd; on July 4th between the hours of 9:00 a.m. and 12:00 midnight; between the hours of 9:00 a.m. and 11:00 p.m. on July 5th; and from 6:00 p.m. on December 31st until 1:00 a.m. January 1st the subsequent year.

(7) Limitation on Use.

(a) Supervision. It shall be unlawful for a parent, guardian, or other person responsible for a child under the age of 16 to allow that child to possess, use, discharge, or transport any fireworks unless that child is under the immediate supervision of an adult. It shall be unlawful for any person under the age of 16 to possess, use, discharge, or transport any fireworks unless under immediate supervision of an adult (18 years old or older). It shall be unlawful for any person or entity to sell or give fireworks to anyone under the age of 16 years unless that person is under the immediate supervision of an adult (18 years old or older).

(b) Smoking and the discharge of fireworks shall be prohibited within 100 feet of any building or stand in which fireworks are sold at retail or stored after hours, or to discharge or permit discharge of fireworks in close proximity to any structure, combustible material, or person creating unreasonable risk of harm.

(c) It is unlawful to use, fire, or discharge any fireworks along the route of or during any parade or other place of public assembly, or in any commercial district.

(d) It is unlawful at any time to throw or toss any fireworks at any person, animal, vehicle, thing or object.

(e) It is unlawful to have in possession, use, fire, or discharge any fireworks in any public park within the City, including vehicle parking areas, within or adjacent to a park.

(8) Violation of this chapter shall constitute a civil infraction punishable by a civil penalty of not less than $250.00 for each violation. Each discharge of a nonpermitted firework shall be deemed a separate offense. [Ord. 4385 § 2, 2018; Code 1970 § 16.40.051.] (Ord. 4385 § 2, 2018; Code 1970 § 16.40.051.)

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