Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 70.77 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW 70.77.126
Definitions—Fireworks
RCW 70.77.131
Definitions—Display fireworks
RCW 70.77.136
Definitions—Consumer fireworks
RCW 70.77.146
Definitions—Special effects
RCW 70.77.160
Definitions—Public display of fireworks
RCW 70.77.255
Acts prohibited without appropriate licenses and permits
RCW 70.77.410
Public displays not to be hazardous
RCW 70.77.485
Unlawful possession of fireworks—Penalties
RCW 70.77.488
Unlawful discharge or use of fireworks
RCW 70.77.510
Unlawful sales or transfers of display fireworks—Penalty
RCW 70.77.515
Unlawful sales or transfers of consumer fireworks—Penalty
RCW 70.77.517
Unlawful transportation of fireworks—Penalty
RCW 70.77.520
Unlawful to permit fire nuisance where fireworks kept—Penalty
RCW 70.77.540
Penalty
RCW 70.77.545
Violation a separate, continuing offense
(Ord. 2025-24 § 1 (Exh. A), 2025)
A. 
Except as allowed under this section, the transfer, sale, possession, use, or discharge of display fireworks is prohibited within the city.
B. 
Permit—Required. No person shall do any of the following acts in the city of Poulsbo without having first obtained and having in full force and effect a valid permit to do so:
1. 
Manufacture, import, possess or sell any fire-works, including agricultural and wildlife fireworks, at wholesale or retail; provided, however, that no permit is required for the possession or use of consumer fireworks lawfully purchased at retail;
2. 
Make a public display of fireworks; or
3. 
Transport fireworks, except as a permittee or as a public carrier delivering to a permittee.
a. 
Except as authorized by a permit issued under this chapter, no person may discharge display fire-works at any place.
b. 
No person less than eighteen years of age may apply for or receive a permit under this chapter.
C. 
Permit Application—Contents.
1. 
Any person desiring to do any act set forth in Section 8.20.040 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant. If the application is made by a partnership, it shall be signed by each partner of the partnership, and if the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation.
2. 
The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information:
a. 
The true name, address and telephone number of the applicant;
b. 
A statement by the applicant that he or she is over the age of eighteen years of age;
c. 
A statement as to whether the applicant possesses a license issued by the Washington State Patrol, acting through the director of fire protection, to do the act for which the permit is sought, and the current status of the license;
d. 
The proposed location at which the applicant intends to perform the act for which the permit is sought;
e. 
Such other information as the fire chief may require in order to make the investigation and report required by Section 8.20.070.
D. 
Permit Application—Fee—Bond.
1. 
All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee as set forth in Section 3.12.040(M). The city council finds that this charge is necessary to cover the legitimate administrative costs for permit processing and inspection.
2. 
The applicant shall post a cash bond pursuant to Section 3.12.040(M) which cash bond shall be conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site by the tenth day of July of each year for the Fourth of July holiday or the fifth day of January of the following year for the New Year's Eve celebration. Failure to remove the temporary stand and clean up all debris from the site within the required time frame shall cause the bond to be forfeited to the city of Poulsbo.
E. 
Permit Application—Insurance. All applications for permits pursuant to this chapter shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive liability insurance policy with the following minimum coverage limits:
1. 
For bodily injuries: not less than five hundred thousand dollars per person and two million dollars per event; and
2. 
For property damage: not less than five hundred thousand dollars per event.
3. 
The general liability policy required by this section shall name the city of Poulsbo as an additional insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without thirty days' written notice to the city. The policy shall be in a form approved by the city attorney.
F. 
Permit Application—Filing Time. Applications for public display of fireworks shall be made in writing at least ten days in advance of the proposed display.
G. 
Permit Application—Investigation Report. It shall be the duty of the fire chief to make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fire-works, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person.
H. 
Permit—State-Issued License Required. No permit shall be issued unless the person applying therefor has first obtained and has in full force and effect a valid license issued by the State Fire Marshal, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought.
I. 
Permit—Issuance Decision. The fire chief shall have the power, based upon the findings of his investigation, to grant or deny any application for a permit, or to subject the same to such reasonable conditions, if any, as he shall prescribe.
J. 
Public Display—Permit—Nontransferable.
1. 
If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only.
2. 
No such permit granted shall be transferable.
K. 
Public Display—Supervision. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator approved by the fire chief.
(Ord. 2025-24 § 1 (Exh. A), 2025)
This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities.
(Ord. 2025-24 § 1 (Exh. A), 2025)
This chapter does not prohibit any manufacturer, wholesaler, dealer or jobber, having a license issued by the State Fire Marshal and a permit secured under the provisions of this chapter, from manufacturing or selling any kind of fireworks for direct shipment out of this state.
(Ord. 2025-24 § 1 (Exh. A), 2025)
This chapter does not prohibit the assembling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio, or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the city of Poulsbo to purchase, possess, transport or use such fireworks.
(Ord. 2025-24 § 1 (Exh. A), 2025)
The possession of any class or kind of fireworks in violation of the provisions of this chapter is prohibited; provided that it shall not be a violation of this chapter to transport fireworks through city limits so long as: (A) the fireworks were lawfully purchased outside of the city limits, as shown by a valid receipt designating the location of the purchase, and (B) there is no intent to use or discharge the fireworks within city limits.
(Ord. 2025-24 § 1 (Exh. A), 2025)
During periods of extreme fire danger, as determined by the fire chief or the fire chief's designee, the fire chief or the fire chief's designee may prohibit the discharge of any or all fireworks within the city limits. At a minimum, the Kitsap County fire marshal's burn ban, based upon fuel moisture measurements, must be declared and in place prior to this determination.
(Ord. 2025-24 § 1 (Exh. A), 2025)
A. 
Unless specifically designated otherwise, or is specified to be enforced pursuant to other law, including, but not limited to, other chapters or titles of this code, any violation of this chapter is a civil infraction.
B. 
Such penalty is in addition to any other remedies or penalties specifically provided by law. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense.
C. 
Failure to respond or appear fees for Poulsbo Municipal Code violations in this chapter will be assessed a failure to respond or appear fee at the rate set in RCW 46.63.110(4), as now enacted or hereinafter amended, which is hereby adopted by reference as if fully set forth herein.
D. 
If a time pay agreement is requested, a fee not to exceed ten dollars per charge or twenty-five dollars per payment plan may be imposed.
(Ord. 2025-24 § 1 (Exh. A), 2025)