[1]
Editor's Note: Legislation previously included in Ch. 9.30: Ord. 92-13 and Ord. 94-12.
The board of county commissioners of Kittitas County recognizes that there are inordinately high risks to public health and safety within the unincorporated areas of Kittitas County due to fire hazards resulting from the sale and discharge of fireworks. It is necessary to protect the public health and safety by limiting the days upon which the sale of Class C (common) fireworks can occur in limiting the time during which said fireworks may be ignited.
(Ord. 95-6, 1995; Ord. 99-09, 1999)
The words and phrases used for the purpose of this chapter shall have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning.
"Agricultural and wildlife fireworks"
Includes fireworks devices distributed to farmers, ranchers, and growers, through a wildlife management program administered by the United States Department of Interior.
"Common fireworks"
Includes any fireworks which are designed primarily for sale at retail to the public during prescribed dates which produce visible or audible effects through combustion and are classified as common fireworks by the U.S. Bureau of Explosives or in the regulations in the U.S. Department of Transportation and designated at U.N. 0336 1.4G.
"Fireworks"
Any composition or device, in a finished state, containing any combustible or explosive substance for the purposes of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and classified as common or special fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated at U.N. 0335 1.3G or U.N. 0336 1.4G.
"Person"
Includes individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
"Public display of fireworks"
An entertainment feature where the public is admitted or permitted to view the display or discharge of special fireworks.
"Pyrotechnic operator"
Includes any individual who by experience and training has demonstrated the required skill and ability for safety setting up and discharging public displays of special fireworks.
"Pyrotechnics"
Any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as a necessary part of a motion picture, radio or television production, theatrical, or opera.
"Sale at retail"
Includes any sale or transfer, including contracts or orders for sales or transfers, wherein any person at a fixed location or place of business sells, transfers or gives fireworks to a consumer or user.
"Sale at wholesale"
Includes a sale or transfer to a retailer or any other person for resale, and which also includes any sale or transfer of special fireworks to public display licensees.
"Special fireworks"
Includes any fireworks designed primarily for exhibition display which produce visible or audible effects and classified as such by the U.S. Bureau of Explosives or in the regulations of the U.S. Department of Transportation and designated at U.N. 0335 1.3G.
(Ord. 95-6, 1995; Ord. 99-09, 1999)
Kittitas County prohibits the ignition or discharge of fireworks within the unincorporated areas of Kittitas County except between the period from 9:00 a.m. to 11:59 p.m. on July 4th and from 9:00 a.m. December 31st to 1:00 a.m. of the following day (January 1st) of each year. (Ord. 99-09, 1999; Ord. 956, 1995). The Kittitas County Fire Marshal may authorize ignition or discharge of fireworks on other days and times dependent on fire danger and subject to fireworks permit approval. As a condition of fireworks permit approval, the applicant shall be required to provide written notice to the landowners of all properties located within five hundred (500) feet of the site of the firework ignition or discharge. The notice shall include date and time of the proposed firework ignition or discharge.
(Ord. 2019-006, 2019)
The Kittitas County Fire Marshal is authorized to prohibit the ignition or discharge of fireworks within the unincorporated areas of Kittitas County whenever the following fire danger components and indices have been reached or exceeded in at least one of three Remote Automated Weather Stations (RAWS):
1. 
The Burning Index is at least 18; and
2. 
The Fuel Moisture Content of the 10 hour fuels is below 8; and
3. 
The Energy Release Component is in the 90th percentile (42 for upper county and 44 for lower county); and
4. 
Fire weather predictions; and
5. 
Resource depletion
In the event that a burn ban has been established in accordance with KCC Chapter 20.08, the Fire Marshal is authorized to prohibit the ignition or discharge of fireworks, even if the above fire danger components and indicies have not been reached or exceeded.
(Ord. 2016-005, 2016; Ord. 2019-006, 2019)
The county of Kittitas limits the sale of Class C (common) fireworks within the unincorporated areas of Kittitas County prior to 9:00 a.m. on July 1st or after 11:00 p.m. on July 4th and prior to 9:00 a.m. on December 31st or after 11:00 p.m. on December 31st of each year.
(Ord. 95-6, 1995; Ord. 99-09, 1999)
Only Class C (Common Fireworks USDOT 0336 1.4G) will be allowed to be sold, offered for sale, used, discharged, or possessed in Kittitas County, without additional permits and licenses as required by state law. All other types of fireworks, special, agricultural, wildlife, and public display will require additional permits from local officials.
(Ord. 95-6, 1995; Ord. 99-09, 1999)
Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this chapter shall be subject to seizure by the director of public works, through the fire marshal, sheriff's department or code enforcement, or their deputies. Any fireworks seized under this section may be disposed of by the director of public works, through the fire marshal, by summary destruction at any time subsequent to 30 days from such seizure or 10 days from the final termination of proceedings under the provisions of RCW 70.77.440, whichever is later.
(Ord. 95-6, 1995; Ord. 99-09, 1999)
Any person violating the provisions of this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $1,000 and by imprisonment for not more than 90 days, or by both such fine and imprisonment.
(Ord. 95-6, 1995; Ord. 99-09, 1999)
Ordinance 95-6, codified in this chapter, shall be effective June 27, 1996, which is one year from the date of its adoption.
(Ord. 95-9, 1995; Ord. 99-09, 1999)