It is the purpose of this chapter to provide a procedure for the granting of fireworks permits; to provide for the possession, sale and discharge of common fireworks as classified by the Washington State fire marshal, and obtained from a Washington State licensed wholesaler only; to prohibit the possession, sale or use of any fireworks classified as dangerous by the Washington State Fireworks Law, or otherwise prohibited by the ordinances of the city of Omak.
(Ord. 1436 § 1, 2000; Ord. 1567 § 1, 2006)
(a) 
Common Fireworks.
“Common fireworks” means any fireworks designed primarily to produce visible or audible effects by combustion. Effective June 1, 2006, the term includes ground and hand-held sparkling devices including items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, flitter sparkles, smoke devices, helicopters, aerial spinners, roman candles, mines, shells, aerial shells, mortars and Class C explosives classified as common fireworks by the United States Department of Transportation; provided, that the term does not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets, bottle rockets and missile-type rockets.
(b) 
Dangerous Fireworks.
Fireworks that are not listed as common fireworks.
(c) 
Temporary Fireworks Retail Stand.
“Temporary fireworks retail stand” means a temporary, stable structure made from wood, metal, fiberglass or other material from which common fireworks are sold and is three hundred square feet or less in size.
(Ord. 1436 § 2, 2000; Ord. 1567 § 2, 2006)
It is unlawful for any person, firm or corporation to sell at retail, possess, use or explode any dangerous fireworks within the city of Omak. Nothing herein shall be deemed to prohibit the use of any explosive or flammable compound, blasting caps and similar items used for legitimate industrial purposes.
(Ord. 1436 § 3, 2000)
It is unlawful for any person, firm, co-partnership or corporation to engage in the retail sales of common fireworks within the city limits of Omak without having first applied for and been granted a fireworks permit from the city of Omak. The applicant shall be investigated and the findings or recommendations reported to the Omak city council for approval or denial. Permit must be obtained at least thirty days prior to the requested effective date of the permit. Permits are issued only for the sale of Washington State approved common fireworks. Sale of other items from the stands is prohibited.
(Ord. 1436 § 4, 2000; Ord. 1567 § 3, 2006)
It is unlawful for any person, firm, co-partnership or corporation to engage in retail sales of common fireworks within the city limits of Omak without having first obtained a permit from the Omak police department which is designated a “peddlers permit.”
(Ord. 1436 § 5, 2000; Ord. 1567 § 4, 2006)
It is unlawful for any person, firm, co-partnership or corporation to engage in retail sales of common fireworks within the city limits of Omak without having first obtained a license from the Washington State fire marshal’s office which is designated a “retail fireworks stand permit.”
(Ord. 1436 § 6, 2000; Ord. 1567 § 5, 2006)
No person, firm, co-partnership or corporation shall sell at retail or offer for sale any fireworks authorized to be sold within the city of Omak, except from twelve noon on the twenty-eighth day of June to twelve noon on the sixth day of July, and twelve noon on the twenty-seventh day of December to twelve noon on the second day of January of any year.
(Ord. 1436 § 7, 2000)
No person, firm, co-partnership or corporation shall use or explode any fireworks within the city of Omak except from twelve noon on the twenty-eighth day of June to twelve noon on the sixth day of July, twelve noon to twelve midnight on each day except until twelve noon on the sixth day of July, and twelve noon on the twenty-seventh day of December to twelve noon on the second day of January of any year; provided that this prohibition shall not apply to duly authorized public displays where the same are authorized pursuant to the laws of the state of Washington.
(Ord. 1436 § 8, 2000)
No person, firm, co-partnership or corporation shall receive more than one permit for the sale of fireworks during any one calendar year. A permit granted pursuant to this chapter shall entitle the permittee to maintain only one retail outlet.
(Ord. 1436 § 9, 2000)
The fireworks permit issued for the retail sale of common fireworks within the city limits of Omak shall be nontransferable, and no person other than the permittee, organization or affiliates shall operate the stand for which the permit is issued, or share or otherwise participate in the benefits of the operation of such stand.
(Ord. 1436 § 10, 2000; Ord. 1567 § 6, 2006)
A public liability and property damage insurance policy from an insurance company licensed to do business in the state of Washington, in the sum of one million dollars for bodily injury or death suffered by one or more persons in any one accident or occurrence and one million dollars for property damage for each permit is required. The insurance policies shall name the city of Omak as an additional insured therein to indemnify the city from any damage or injury caused by the operation of the retail fireworks stands.
(Ord. 1436 § 11, 2000)
A performance bond or cash deposit in an amount not less than one hundred dollars conditioned upon the prompt removal of the temporary stand and cleanup of all debris from the site of the temporary stand, which bond or deposit shall be returned to the applicant if the application for a fireworks permit is denied, or in the event the application is granted, the bond or deposit shall be returned to the applicant only if the applicant removes the temporary stand and cleans up all debris to the satisfaction of the proper officials of the city of Omak. In the event of the failure to do so, the performance bond or cash deposit shall be forfeited to the city of Omak. In no event shall applicants be entitled to the return of the performance bond or cash deposit if they have failed to remove the temporary stand and clean up all debris by the tenth day of July of each year.
(Ord. 1436 § 12, 2000)
(a) 
All sales of common fireworks as authorized in this chapter shall be from a temporary fireworks stand only.
(b) 
A temporary stand location shall be only in those areas or zones within the city of Omak wherein business or industrial activities are authorized under the applicable zoning laws of the city of Omak, provided that the sale of common fireworks shall not be deemed an enlargement of an existing nonconforming use.
(c) 
No fireworks shall be sold in any residential area.
(d) 
Fireworks shall be delivered directly from the authorized warehouse of the dealer to the sales stand. In no case will they be delivered to a private address or any other unauthorized location.
(e) 
Temporary fireworks retail stands need not comply with all the provisions of the Uniform Building Code; provided, however, that all such temporary fireworks retail stands shall be erected under the supervision of the city of Omak fire chief or his duly authorized representative who shall require all temporary fireworks retail stands to be constructed in a safe manner, insuring the safety of attendants and patrons. In the event any temporary fireworks retail stand is wired for electricity, such wiring shall conform to the Washington State Electrical Code and be limited to the provision of adequate lighting.
(Ord. 1436 § 13, 2000; Ord. 1567 § 7, 2006)
Temporary stands shall be subject to the following restrictions:
(1) 
No fireworks stand shall be located within twenty feet of any other building, nor within one hundred feet of any gas station.
(2) 
Each temporary fireworks retail stand must have at least two exits, at least twenty-eight inches in width, located at opposite ends of the structure. Exits must remain unlocked and unobstructed during the hours of operation or when the stand is occupied.
(3) 
A list of Washington State or city of Omak approved common fireworks that are for sale shall be posted in a conspicuous location inside the stand.
(4) 
Sleeping inside a fireworks retail stand is prohibited.
(5) 
The placing of fireworks for display and sale shall be in such a manner as to be beyond the reach of customers.
(6) 
An operable phone shall be inside the stand at all times during business hours and all persons working in the stand shall be informed of its location and operation and the local emergency telephone number shall be conspicuously posted inside the fireworks retail stand.
(7) 
Each fireworks retail stand shall be equipped with two approved pressurized two and one-half gallon water type fire extinguishers located next to each exit.
(8) 
Each temporary fireworks retail stand shall have adjoining sufficient off-street parking (not less than ten spaces) to avoid impeding a continuous flow of traffic at entrances and exits. Parking does not need to be paved or striped, but must be maintained free from litter, dry brush, grass, combustible or flammable materials to a distance of not less than twenty feet on all sides of the stand.
(9) 
At least one metal trash can with a lid shall be provided.
(10) 
All temporary retail fireworks stands shall meet the following minimum setbacks unless otherwise approved by the city of Omak fire chief:
(A) 
Back of stand shall be twenty feet from buildings, parking, curbs and motor vehicle traffic and five feet from property lines.
(B) 
Sides of the stand shall be twenty feet from buildings, parking, curbs and motor vehicle traffic and five feet from property lines.
(C) 
Front of stand shall be twenty feet from buildings, property lines, parking, curbs and motor vehicle traffic.
(11) 
No open flames or any type of open flame equipment shall be allowed in or within twenty feet of any retail fireworks stand. No smoking shall be permitted in or within twenty feet of a temporary retail fireworks stand. “No Smoking” signs with the lettering at least two inches in height shall be posted in a conspicuous place on all four sides of the stand.
(12) 
“No Fireworks Shall be Discharged Within 100 Feet” signs with at least two-inch lettering shall be posted on all sides of the stand.
(13) 
Retail fireworks stands shall be locked when unoccupied and not open for business if fireworks are kept in the structure during these times. Retail fireworks stands shall never be locked when occupied.
(14) 
At least one adult person eighteen years of age or older shall be present at all times in every retail fireworks stand during the hours of sale to the public and shall be responsible for supervision of the retail fireworks stand and its operation. No person under the age of sixteen shall be allowed within a retail fireworks stand.
(15) 
Retail fireworks stands will be inspected by the director of fire protection and/or the city of Omak fire chief prior to opening for business and other inspections may occur on other days as warranted.
(16) 
Fireworks retailers shall not knowingly sell fireworks to persons under the age of sixteen.
(17) 
A sign reading “No Sale of Fireworks to Persons Under the Age of Sixteen” in letters at least two inches high, with a principal stroke of not less than one-half inch on contrasting background shall be conspicuously posted on the front of each retail fireworks stand.
(18) 
All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty feet on all sides of the stand.
(19) 
Failure to comply with the restrictions of this section may result in the temporary suspension of the license or permit, revocation of the license or permit in the event of multiple infractions, and civil penalties consistent with the statute in effect at the time.
(Ord. 1436 § 14, 2000; Ord. 1567 § 8, 2006)
In addition to law enforcement officers of the city, the fire chief of the city of Omak, or his duly authorized representative, is designated as an additional enforcing officer of this chapter. In addition to all the grounds for revocation of licenses set forth in the general provisions of this chapter, any failure or refusal on the part of a licensee to obey the rules, regulations or requests of any enforcement officer concerning the sale of fireworks shall be grounds for the revocation of a fireworks license.
(Ord. 1436 § 15, 2000; Ord. 1567 § 9, 2006)
Any person, firm, co-partnership, corporation or other group violating any of the provisions of this chapter shall be deemed to have committed a civil infraction and shall be subject to a monetary penalty as provided in Section 1.16.010. A person is guilty of a separate offense for each day during which he commits, continues, or permits a violation of any provision of, or any order, rule or regulation made pursuant to, this chapter.
(Ord. 1436 § 16, 2000; Ord. 1798, 2015)
The ordinance codified in this chapter shall become effective from and after its passage by the Omak city council, approval by the mayor and one year after publication as required by law.
(Ord. 1436 § 17, 2000)