HomeMy WebLinkAbout030722cabs02 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
REGULAR AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley,Interim County Administrator
DATE: March 7,2022
SUBJECT: Continuation of Public Hearing and Potential Action re: Draft Ordinance No.
re: Repealing and Replacing Chapter 8.75 (Fireworks and Sky
Lanterns) of the Jefferson County Code
STATEMENT OF ISSUE:
Climate change is steadily increasing temperatures on the Olympic Peninsula,reducing late spring,summer
and early fall rainfall quantities.This results in an increased risk/probability of devastating forest fires.The
increased risk to our forest resources and communities in Jefferson County dramatically increased interest
in limiting/prohibiting fireworks throughout the County. The Board of County Commissioners held a
workshop on February 7, 2022 to discuss a draft ordinance intended to address this increased risk. That
workshop was intended to help fine tune the draft ordinance for today's public hearing. The intent of the
proposed ordinance is to restrict or prohibit the use of fireworks when certain conditions exist to reduce the
probability of a fire event.
A copy of the draft ordinance that resulted from the workshop is attached as Appendix A. Appendix A was
posted for review by the public under the hearing notice for the February 28,2022 hearing.
The Board held a public hearing on February 28, 2022 to listen to a staff presentation regarding the draft
ordinance,to hear from fire experts and the public regarding the draft ordinance,to deliberate and perhaps
take action. At the hearing, staff proposed modifications to Appendix A. The proposed modifications are
in the attached Appendix B, and were discussed at the February 28, 2022 hearing.
At the hearing, the Board was interested in looking at possible changes to Section 8.75.040. Staff has
prepared Appendix C to facilitate the Board's possible changes to Section 8.75.040, specifically a chart
showing dates sale,use and discharge of consumer fireworks are authorized under state law and exceptions
to liability for storage or transportation of fireworks if a declaration of high fire hazard is declared in a
region of responsibility after sales of consumer fireworks authorized under state law begins.
Finally, a revised PowerPoint is attached to facilitate the deliberations, but not another staff presentation.
Slides 31-36 were added during the hearing; otherwise the substance of the PowerPoint is the same as in
the agenda packet for the hearing.
At the hearing the Board extended the written public comment period until March 4,2022 at Noon.
Due to the late receipt of some public comments regarding the draft ordinance and the degree of public
interest in the draft ordinance deliberations for the Public Hearing were continued to March 7,2022.
ANALYSIS: The purpose of today's continued hearing is to consider comments from the public regarding
the draft ordinance,to deliberate and perhaps take-action.
FISCAL IMPACT: This request has no fiscal impact.
RECOMMENDATION: That the Board take testimony from the public,deliberate and either approve
the draft ordinance as presented or modified during the hearing or give further guidance to staff.
REVI BY:
ark McCauley terim County Admini it Date /
APPENDIX A –POSTED PER HEARING NOTICE
STATE OF WASHINGTON
County of Jefferson
An Ordinance Repealing and Replacing
Chapter 8.75 (Fireworks and Sky Lanterns)of ORDINANCENO._____________
the Jefferson County Code
WHEREAS,Article XI, section 11of the Washington Constitution, confersupon county
legislative authorities the police power to adopt such local police, sanitary and other regulations
as are not in conflict with general laws; and,
WHEREAS, Article XI, section 11of the Washington Constitutionis a direct delegation
of the police power to cities and counties, and the power delegated is as extensive within their
sphere as that possessed by the legislature; and,
WHEREAS,RCW36.32.120(7)provides that the county legislative authorities shall make
and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as
are not in conflict with state law; and,
WHEREAS, police power is that inherent and plenary power which enables prohibition
of all things hurtful to the comfort, safety and welfare of society;and,
WHEREAS, the scope of police power is broad, encompassing all those measures which
bear a reasonableand substantial relation to promotion of the general welfare of the people;and,
WHEREAS,RCW 36.32.120(10)provides that county legislative bodies have the power
to declare by ordinance what shall be deemed a nuisance within the county; to abate a nuisance at
the expense of the parties creating, causing, or committing the nuisance; and to levy a special
assessment on the land or premises on which the nuisance is situated to defray the cost, or to
reimburse the county for the cost of abating it; and,
WHERAS,RCW 70.77.250(4)provides that a county may adopt fireworks regulations
that are more restrictive than state law, provided the local regulations must have an effective date
no sooner than one year after their adoption; and
WHEREAS, the Jefferson County Board of County Commissioners (Board)hasheld a
hearing and has received public comment on the draft ordinance proposed by staff; and,
WHEREAS, in response to the public comment and testimony, additional improvements
to the draft ordinance have been made, and,
NOW, THEREFORE,be it ordained by the Boardas follows:
Section 1. Amending Chapter 8.75JCC.The Boardrepeals and replacesthe current Chapter 8.75
JCCwithAppendix A.The current Chapter 8.75 JCC is in Appendix B.
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Section 2. Findings.The Boardadoptsthe above recitals (the “WHEREAS” statements) as its
findings of fact in support of this ordinance.
Section 3. Severability.The provisions of this ordinance are declared separate and severable. If
any provision of this ordinance or its application to anyperson or circumstances is held invalid,
then the remainder of this ordinance or application of its provisions to other persons or
circumstances shall remain valid and unaffected.
Section 4. SEPA Compliance.This ordinance is categorically exemptfrom the State
Environmental Policy Act under WAC 197-11-800(19).
Section 5. Effective Date.This ordinance shall take effect and be in full force and effect on the
earliest date possible under state law, which currently is one yearafter the date of adoptionper
RCW 70.77.250(4).
(SIGNTURES FOLLOW ON NEXT PAGES)
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ADOPTEDthis _____ day of _________________________ 2022, at ___: ___ a.m.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
________________________________________
Heidi Eisenhour, Chair
________________________________________
ATTEST:Kate Dean, Member
_________________________________________________________________________
Carolyn Galloway DateGreg Brotherton, Member
Clerk of the Board
Approved as to form only:
_________________________________
Philip C.Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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APPENDIX A–REPLACEMENT FOR CHAPTER 8.75 JCC
Title8-HEALTHANDSAFETY
Chapter8.75–FIREWORKSANDSKYLANTERNS
Sections:
8.75.010 Purposeand Construction.
(1) This chapter supplementsChapter 70.77RCW, and shall be construed in connection with that
law and any regulations or rules issued pursuant that law.
(2) It is expressly the purpose of this chapter to provide for and promote the health, safety and
welfare of the general public, and not to create or otherwise establish or designate any particular
class or group of persons who will or should be specially protected or benefited by the terms of
this chapter.
(3) This chapter shall be liberally construed to carry out its broad purposes, allowing the local fire
official to determine permissibleconsumer fireworks within their region of responsibility within
Jefferson County.
(4) Reference to the Revised Code of Washington (RCW) in this chapter is to the provision of the
RCW as currently adopted or as may be amended in the future.
8.75.020Definitions.
In construing provisions of this chapter, except where otherwise plainly declared or clearly
apparent from the context, words used in this chapter shall be given their common and ordinary
meaning and in addition, the following definitions shall apply:
(1)“Agricultural and wildlife fireworks” has the same meaning as in RCW70.77.141.
(2) “Consumer fireworks” has the same meaning as in RCW 70.77.136.
(3) “County fire marshal” meansthe person designated by the Board of County Commissioners
pursuant to RCW 43.44.050(1)(b)with the police power to investigate the origin, cause,
circumstances, and extent of loss of all fireswithin unincorporated areas of Jefferson County.
(3) “Declaration of highfire hazard” means a declaration by the county fire marshalortheir
designee, or a local fire official or their designee, that a highfire hazardexistswithin their region
of responsibility.
(4)“Display fireworks”asin RCW 70.77.131.
(5)“Fire hazard” means the accumulation of combustible materials in such a condition as to be
readily ignited and in such a quantity as to create a hazard from fire to nearby structures, forest
areas, life and property.
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(6)“Fireworks”has the same meaning as in RCW 70.77.126.
(7) “Fireworks waste” means any waste remaining after the discharge, manufacture, sale, storage,
or transportation of fireworks, including, but not limited to, ashes, garbage, and rubbish.
(8)“High fire hazard” means a period of hot, dry weather accompanied by low fuel moistures,
where fires start quickly, spread furiously, and burn intenselyand are difficult to control unless
they are successfully attacked when the fires are small. It is during this period that wildland fires
can be expected, and fire growth will be accelerated.
(9) “Local fire official” means a fire chief of a fire district wholly or partially within Jefferson
Countyor their designee.
(10)“Publicdisplayof fireworks”has the same meaning as in RCW 70.77.160.
(11)“Region of responsibility” means the fire district wholly or partially within Jefferson County
for a local fire official, or the countyas a wholefor the county fire marshal.
(12)“Skylantern”has the same meaning as in RCW 76.04.005(19).
(13)“Specialeffects”has the same meaning as inRCW 70.77.136.
(14)“Vehicle” means every device capable of being moved upon a highway and in, upon, or by
which any person or property is or may be transported or drawn upon a highway.“Vehicle” shall
include but shall not be limited to automobiles, motorcycles, trucks, buses, motorized recreational
vehicles, campers, travel trailers, and boat trailers. “Vehicle” does not include devices moved by
human or animal power, or used exclusively upon stationary rails or tracks.
(15)“Vessel”means every species of watercraft or other mobile artificial contrivance, powered or
unpowered, intended to be used for transporting people or goods on water or for floating marine
construction or repair and which does not exceed two hundred feet in length.
(16)“Wildland fire” means any non-structure fire that occurs in vegetation or natural fuels and
includes fires originating from an unplanned ignition and unauthorized and accidental human
caused fires.
8.75.030Skylanternsprohibited.
Itisunlawfulforanypersontoignite,lightorlaunchanyskylanternwithinunincorporated
JeffersonCounty.
8.75.040-Prohibitedacts—Exceptions.
(1)Limits on Dates and Times Consumer Fireworks May Be Sold or Discharged.The county
adopts the dates and times consumer fireworks may be sold or discharged under RCW 70.77.395,
which currently is as follows:
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(a) It is legal to sell and purchase consumer fireworks within this state from twelve o’clock noon
to eleven o’clock p.m. on the twenty-eighth of June, from nine o’clock a.m. to eleven o'clock
p.m. on each day from the twenty-ninth of June through the fourth of July, from nine o’clock
a.m. to nine o’clock p.m. on the fifth of July, from twelve o’clock noon to eleven o’clock p.m.
on each day from the twenty-seventh of December through the thirty-first of December of each
year, and as provided in RCW70.77.311.
(b) Consumer fireworks may be used or discharged each day between the hours of twelve o’clock
noon and eleven o’clock p.m. on the twenty-eighth of June and between the hours of nine o’clock
a.m. and eleven o’clock p.m. on the twenty-ninth of June to the third of July, and on July 4th
between the hours of nine o’clock a.m. and twelve o’clock midnight, and between the hours of
nine o’clock a.m. and eleven o’clock p.m. on July 5th, and from six o’clock p.m. on December
31st until one o’clock a.m. on January 1st of the subsequent year, and as provided in RCW
70.77.311.
(2) Limits on the Manufacture, Sale, Transportation, Discharge, Storage or Use of Fireworks Is
Prohibited During a Declaration of High Fire Hazard.Exceptaspermittedinthischapter,the
discharge, manufacture, sale, storage, or transportation offireworksisprohibitedduring a
declaration of highfire hazarddeclared in a region of responsibility;provided,however,thatthis
restrictionshallnotapply:
(a)Totheusebyrailroadsorothertransportationagenciesforsignalorilluminationpurposes;
(b)Totheuseofagriculturaland wildlifefireworks;
(c) To the use ofdevices for vegetation management orwildfire firefighting tactics;
(d)Totheuseofflaresorfusesinconnectionwiththeoperationofvehiclesorvesselsforsignal
purposes,orusebyothersforemergencysignalpurposes,orilluminationofforuseinforest
protectionactivities,orforthoseotherusesdescribedinRCW70.77.311.
(e)Totheuseofspecialeffectswhenusedasanintegralpartofatheatricalproduction;
(f)Tothetransportationoffireworksthroughthecountyaspartofinterstatecommerce;or,
(g)Tothepublicdisplayoffireworksauthorizedbypermitissuedbythelocal fire official.
(3)Publication of Declaration of High Fire Hazard. The county fire marshaland each local fire
official shall publish the declaration of highfire hazard in local media outlets for public review.
(4) Failure to Cleanup Fireworks Waste.Failure to clean up fireworks waste is prohibited under
this chapter.
8.75.050–PermitsRequired.
(1)After obtaining any other permit required under Chapter 8.20JCC, JCC 18.20.380, or JCC
18.20.390, apublic display fireworks permitshallbeobtainedfromthecounty fire marshal, in
consultation with the localfireofficialto:
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(a)Possessorstorefireworksofanykind;
(b)Conductanoutdoorpublicdisplayoffireworks;
(c)Dischargeofspecial effectsfor theatrical productions;
(d)Dischargeagricultural andwildlife fireworks;
(e)Discharge devices for vegetation management;
(f)Dischargedisplay fireworks;
(g)Transportanyfireworks,exceptnopermitisrequiredfortransportbyapubliccarrieron
interstateorstateroutes;and,
(h)Useofdischargefireworksinsideanystructure.
(2)Permitsrequiredbythischaptershallbereviewedbythelocalfireofficial.Asaconditionof
anypermit,thelocalfireofficialmayrevokeapermitatanytimeduetosafetyconcerns.
(3)Thefeeforstoringortransportingfireworksshallbeonehundreddollars($100.00)perannum.
Noadditionalfeewillbechargedfortransportation,whichisinconjunctionwithapublicdisplay
permitoraspecialeffectsfireworkspermit.
(4) Anentertainment, amusement orassemblies permit also may be required by Chapter 8.20JCC
for an event. Where an entertainment, amusement orassemblies permit is required for an event,
the applicant shallobtain the entertainment, amusement and assemblies permit before applying for
a fireworks display permit.If an application foranamusement, entertainment or assembly permit
mustbe made to the board of county commissionerspursuant to JCC 8.20.030for an event, a
written final application for the entertainment, amusement orassemblies permitmust be obtained
before applying for a fireworks display permit under this section.
(5) A temporary outdoor use permit also may be required by JCC18.20.380for any event.Where
atemporary outdoor use permitis required, the applicant shallobtain the temporary outdoor use
permit from the Department of Community Development for the event pursuant to JCC 18.20.380
before applying for a fireworks display permitunder this section.
(6) A temporary festival conditional use permit also may be required by JCC 18.20.390for an
event.Where a temporary festival conditionaluse permit is required, the applicant shallobtain
the temporary festival conditional use permitfrom the Department of Community Development
for the event pursuant to JCC 18.20.390before applying for a fireworks display permit under this
section.
8.75.060-Publicdisplay—Permitfee—Rulesandregulations.
(1)The county fire marshalshallhavethepowertoadoptreasonablerulesandregulationsforthe
grantingofpermitsforsupervisedpublicdisplayoffireworkswithintheir region of responsibility
within unincorporatedJeffersonCounty.
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(2)Theapplicationforapermitforapublicdisplayoffireworksshallbemadeinwritingtothe
countyatleastthirtydaysinadvanceofthedisplay.Theapplicationshallbeaccompaniedbya
letterfromthepersonlegallyresponsibleforthepropertyonwhichsuchdisplayistotakeplace.
Suchlettershallgrantpermissiontotheapplicantfortheuseofsuchproperty.Anypermitgranted
this chaptershallnotbetransferable.Allapplicablefeesandproofofliabilityinsuranceshallalso
accompanytheapplication.
(3)Thefeeforapublicdisplaypermitshallbeonehundreddollars($100.00), paid to the fire
district from which the application is sought;provided,however,thelocal fire officialmaywaive
suchfeeuponrequestmadeinadvance.
(4)Apublicdisplayof fireworks shallbeofsuchcharacter,andsolocated,dischargedorfired
thatintheopinionofthelocalfireofficial,thedisplayshallbedeemednothazardoustoproperty
orinjurioustoanyperson.Acompetentoperatorwhohasbeenapprovedbythelocalfireofficial
shallhandleeverysuchdisplay.Everyapprovedoperatorshallhavefirstobtainedastatelicense
pursuanttoRCW 70.77.355.
(5)Theapplicantshallprovidethecountywithapolicyorpoliciesofpublicliabilityandproperty
damageinsurancefromalicensedinsurancecompanyorcompanies,whichpoliciesshallbe
subjecttotheapprovalastoformbythecountyrisk managerinthefollowingamounts:one
milliondollars($1,000,000.00)ormoreforinjurytoanyonepersoninanyoneaccidentor
occurrence;threemilliondollars($3,000,000.00)ormoreforinjurytotwoormorepersonsinany
oneaccidentoroccurrence,andone milliondollars($1,000,000.00)fordamagetopropertyinany
oneaccidentoroccurrence.JeffersonCountyshallbenamedasanadditionalnamedinsuredon
suchpolicy.
(6)Anapplicantwhohasbeenrefusedapermitforpublicdisplayof fireworks orapermitfor
retailsaleoffireworksbythelocalfireofficialshallhavetherighttoappealthedecisionofthe
localfireofficialtothecounty boardofcommissioners.
8.75.070–SeizureofFireworks
Pursuant to RCW 70.77.435,any fireworks which are illegally sold, offered for sale, used,
discharged, possessed, or transported in violation of the provisions of this chapter or the rules or
regulations of the chief of the Washington state patrol, through the director of fire protection, are
subject to seizure by the chief of the Washington state patrol, through the director of fire
protection, or his or her deputy, or by state agencies or local governments having general law
enforcement authority.
8.75.080-Violationsandpenalties.
Pursuant to RCW36.32.120(7), this chapterdeclares certain acts to be civil violations and
establishes civil enforcement procedures and penalties, and also declares certain acts to be
misdemeanors.
(1)Misdemeanor. Anyperson,firm,corporationorassociationviolatingorfailingtocomply
withanyoftheprovisionsofthischaptershallbedeemedguiltyofamisdemeanorandupon
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convictionthereofshallbepunishedbyafineinasumnotexceedingonethousanddollars
($1,000.00)dollarsorbyimprisonmentinthejailforaperiodnottoexceedninety(90)daysorby
bothsuchfineandjail.
(2)Civil Infraction.
(a)Any person who violates any provision of this chapter maybe issued a notice of infraction.
The penalty for an infraction issued to a person who violates any provision of this chapter shallbe
one thousand dollars ($1,000.000) and two thousand dollars($2,000.00) for any subsequent
violation of this chapter.For each violation of a continuing nature, each day shall constitute a
separate infraction, subject to a daily penalty.
(b)Anotice of infraction represents a determination that a violation has been committed. The
determination will be final unless contested as provided in this chapter.
(c)The Infraction Rules for Courts of Limited Jurisdiction(IRLJ) as they exist now or may be
amended in the future, apply to the processing and adjudication of civil infractions under this
chapter.
8.75.090–Enforcement
(1) Particularly with the discharge of consumer fireworks in violation of this chapter, public
awareness and voluntary compliance efforts should be usedprior to enforcement under this
chapter.
(2) Thecountysheriffortheir designeehas the discretion to enforcethis chapter.This chapter
does not create a duty on the part of the county,the county sheriff, the county fire marshal, or local
fire officials to enforce violations of this chapter.Decisions about whether and how to enforce
this chapter shall bemade in conjunction with the county prosecuting attorney or their designee.
(3) The county sheriff or their designee may consult with the county fire marshal or a local fire
official in enforcement of this chapter. The county sheriff or their designee are authorized to:
(a) Issue citations to or arrest without warrant persons violating the provisions of this chapter;
(b) Serve and execute all warrants, citations and other process issued by the courts;
(c) Sendbycertifiedmail anywarrant, citation or other process to the last known place of
residence of the person alleged to have violatedof this chapter, whichshall be deemed as personal
service upon the person alleged to have violated this chapter.
(4)This chapter as well as permits or decisions issued under it may be enforced through the
provisions of Title 19JCC,Code Compliance. The county sheriff is the “director” for purposes
of JCC 19.10.015(19). The county sheriff shall coordinate with the code compliance coordinator
on decisions to enforce this chapter under Title 19JCC.
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(5) Enforcement throughthis chapterisnot exclusive and additional enforcement mechanisms may
exist, whichmay include filing civil actions in courts of competent jurisdiction under other
applicable laws.
(6) The county prosecuting attorney may at any time bring such additional injunctive, declaratory,
criminal, or other actions as are necessary to enforce the provisions of this chapter.
(7) Nothing in this title shall be interpreted to mean that civil and criminal remedies for the same
violations may not be brought simultaneously.
8.75.100-Severability.
Ifanyprovisionofthischapterisdeclaredunconstitutionalortheapplicabilitythereoftoany
personorcircumstanceisheldinvalid,theconstitutionalityoftheremainderoftheordinance
codifiedinthischapterandtheapplicabilitythereoftootherpersonsandcircumstanceshallnotbe
affectedthereby.
8.75.110-Effectivedate.
Thattheordinancecodifiedinthischapterandtherules,regulations,provisions,requirements,
ordersandmattersestablishedandadoptedpursuant to the ordinance codified in this chapter shall
takeeffectandbeinfullforceandeffectone year afterthedateofadoption.
8.75.120Disclaimer of liability.
Nothing contained in this chapter is intended to be nor shall be construed to create or form the
basis for any liability on the part of the county, its officers, employees or agents, or any local fire
official, for any injury or damage resulting from the failure of anyone to comply with the
provisions of this chapter, or by reason or in consequence of the implementation or enforcement
pursuant to this chapter, or by reason of any action or inaction on the part of the county related in
any manner to the enforcement of this chapter by its officers, employees or agents.
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APPENDIX B–CURRENT CHAPTER 8.75 JCC
Chapter 8.75
FIREWORKS AND SKY LANTERNS
Sections:
8.75.010 Definitions.
8.75.020 Sky lanterns prohibited.
8.75.030 Adoption and repeal of resolution finding a state of extreme fire danger.
8.75.040 Fireworks prohibited in state of extreme fire danger.
8.75.050 Acts not prohibited –Signal purposes, forest protection, etc.
8.75.060 Chapter in connection with state law.
8.75.070 Enforcement.
8.75.080 Penalty for violations.
8.75.010 Definitions.
(1) “Fireworks” means any composition or device designed to produce a visible or an audible
effect by combustion, deflagration or detonation, and which meets the definition of “articles
pyrotechnic” as set forth in RCW 70.77.138, or the definition of “consumer fireworks” as set
forth in RCW 70.77.136, or the definition of “display fireworks” as set forth in RCW 70.77.131.
(2) “Public display” means an entertainment feature where the publicis invited, admitted or
permitted to view the display or discharge of display fireworks.
(3) “Sky lanterns” means any unmanned device with a fuel source that incorporates an open
flame in order to make the device airborne.
(4) “Special effects,” pursuant to RCW 70.77.146, means any combination of chemical elements
or chemical compounds capable of burning independently of the oxygen in the atmosphere, and
designed and intended to produce an audible, visual, mechanical or thermal effect as an integral
part of a motion picture, radio, television, theatrical or opera production or live entertainment.
(5) “Display fireworks” means large fireworks designed primarily for display and classified as
such by the U.S. Department of Transportation, as further set forth in RCW 70.77.131.
(6) “Extreme fire danger” means a period of hot, dry weather accompanied by low fuel
moistures. It is during this period that wildland fires can be expected and fire growth will be
accelerated. \[Ord. 12-15 § 2 (Att. A § 1)\]
8.75.020 Sky lanterns prohibited.
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It is unlawful for any person to ignite, light or launch any sky lantern within unincorporated
Jefferson County. \[Ord. 12-15 § 2 (Att. A § 2)\]
8.75.030 Adoption and repeal of resolution finding a state of extreme fire danger.
The countyfire code official shall, after consultation with the representatives of the county’s fire
districts, have authority to declare that conditions in the county constitute an extreme fire danger.
Upon a declaration by an authorized state official or the county fire code official that conditions
in Jefferson County constitute an “extreme fire danger,” then the county commission by
resolution may, upon any date after the effective date defined in Section 11 of the ordinance
codified in this chapter, find a state of extreme fire danger.
Upon a declaration by an authorized state official or the county fire code official that conditions
in Jefferson County no longer constitute an “extreme fire danger,” then the county commission
by resolution may repeal its resolution finding a state of extreme fire danger. \[Ord. 12-15 § 2
(Att. A § 3)\]
8.75.040 Fireworks prohibited in state of extreme fire danger.
When a county commission resolution finding a state of extreme fire danger is in effect, it is
unlawful for any person to sell, transfer, discharge, ignite or explode any fireworks, display
fireworks or special effects within unincorporated Jefferson County.
The provisions of this section shall be applicable to the sale and use of all fireworks (as defined
above) except toy paper caps containing not more than twenty-five hundredths grain of explosive
compound for each cap as well as trick or novelty devices not classified as consumer fireworks.
\[Ord. 12-15 § 2 (Att. A § 4)\]
8.75.050 Acts not prohibited –Signal purposes, forest protection, etc.
This chapter does not prohibit the use of flares or fuses in connection with the operation of motor
vehicles, motor or sail vessels, or other transportation agencies for signal purposes, or use by
others for emergency signal purposes,or illumination or for use in forest protection activities, or
for those uses described in RCW 70.77.311. \[Ord. 12-15 § 2 (Att. A § 5)\]
8.75.060 Chapter in connection with state law.
This chapter is intended to augment Chapter 70.77 RCW, and shall be construed in connection
with that law and any and all rules or regulations issued pursuant thereto. \[Ord. 12-15 § 2 (Att. A
§ 6)\]
8.75.070 Enforcement.
The county sheriff, or his designee, as well as the county fire marshal is authorized to enforce all
provisions of this chapter. \[Ord. 12-15 § 2 (Att. A § 7)\]
8.75.080 Penalty for violations.
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Any person violating or failing to comply with any provisions of this chapter is guilty of an
infraction and subject to a fine of up to $250.00. \[Ord. 12-15 § 2 (Att. A § 8)\]
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APPENDIX B -STAFF’S PROPOSED MODIFICATIONS FOR CLARITY
STATE OF WASHINGTON
County of Jefferson
An Ordinance Repealing and Replacing
Chapter 8.75 (Fireworks and Sky Lanterns)of ORDINANCENO._____________
the Jefferson County Code
WHEREAS,Article XI, section 11of the Washington Constitution, confersupon county
legislative authorities the police power to adopt such local police, sanitary and other regulations
as are not in conflict with general laws; and,
WHEREAS, Article XI, section 11of the Washington Constitutionis a direct delegation
of the police power to cities and counties, and the power delegated is as extensive within their
sphere as that possessed by the legislature; and,
WHEREAS,RCW36.32.120(7)provides that the county legislative authorities shall make
and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as
are not in conflict with state law; and,
WHEREAS, police power is that inherent and plenary power which enables prohibition
of all things hurtful to the comfort, safety and welfare of society;and,
WHEREAS, the scope of police power is broad, encompassing all those measures which
bear a reasonableand substantial relation to promotion of the general welfare of the people;and,
WHEREAS,RCW 36.32.120(10)provides that county legislative bodies have the power
to declare by ordinance what shall be deemed a nuisance within the county; to abate a nuisance at
the expense of the parties creating, causing, or committing the nuisance; and to levy a special
assessment on the land or premises on which the nuisance is situated to defray the cost, or to
reimburse the county for the cost of abating it; and,
WHERAS,RCW 70.77.250(4)provides that a county may adopt fireworks regulations
that are more restrictive than state law, provided the local regulations must have an effective date
no sooner than one year after their adoption; and
WHEREAS, the Jefferson County Board of County Commissioners (Board)hasheld a
hearing and has received public comment on the draft ordinance proposed by staff; and,
WHEREAS, in response to the public comment and testimony, additional improvements
to the draft ordinance have been made, and,
NOW, THEREFORE,be it ordained by the Boardas follows:
Section 1. Amending Chapter 8.75JCC.The Boardrepeals and replacesthe current Chapter 8.75
JCCwithAppendix A.The current Chapter 8.75 JCC is in Appendix B.
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Section 2. Findings.The Boardadoptsthe above recitals (the “WHEREAS” statements) as its
findings of fact in support of this ordinance.
Section 3. Severability.The provisions of this ordinance are declared separate and severable. If
any provision of this ordinance or its application to anyperson or circumstances is held invalid,
then the remainder of this ordinance or application of its provisions to other persons or
circumstances shall remain valid and unaffected.
Section 4. SEPA Compliance.This ordinance is categorically exemptfrom the State
Environmental Policy Act under WAC 197-11-800(19).
Section 5. Effective Date.This ordinance shall take effect and be in full force and effect on the
earliest date possible under state law, which currently is one yearafter the date of adoptionper
RCW 70.77.250(4).
(SIGNATURES FOLLOW ON NEXT PAGES)
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ADOPTEDthis _____ day of _________________________ 2022, at ___: ___ a.m.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
________________________________________
Heidi Eisenhour, Chair
________________________________________
ATTEST:Kate Dean, Member
_________________________________________________________________________
Carolyn Galloway DateGreg Brotherton, Member
Clerk of the Board
Approved as to form only:
_________________________________
Philip C.Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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APPENDIX A–REPLACEMENT FOR CHAPTER 8.75 JCC
Title8-HEALTHANDSAFETY
Chapter8.75–FIREWORKSANDSKYLANTERNS
Sections:
8.75.010 Purposeand Construction.
(1) This chapter supplementsChapter 70.77RCW, and shall be construed in connection with that
law and any regulations or rules issued pursuant that law.
(2) It is expressly the purpose of this chapter to provide for and promote the health, safety and
welfare of the general public, and not to create or otherwise establish or designate any particular
class or group of persons who will or should be specially protected or benefited by the terms of
this chapter.
(3) This chapter shall be liberally construed to carry out its broad purposes, allowing the local fire
official to determine permissibleconsumer fireworks within their region of responsibility within
Jefferson County.
(4) Reference to the Revised Code of Washington (RCW) in this chapter is to the provision of the
RCW as currently adopted or as may be amended in the future.
8.75.020Definitions.
In construing provisions of this chapter, except where otherwise plainly declared or clearly
apparent from the context, words used in this chapter shall be given their common and ordinary
meaning and in addition, the following definitions shall apply:
(1)“Agricultural and wildlife fireworks” has the same meaning as in RCW70.77.141.
(2) “Consumer fireworks” has the same meaning as in RCW 70.77.136.
(3) “County fire marshal” meansthe person designated by the Board of County Commissioners
pursuant to RCW 43.44.050(1)(b)with the police power to investigate the origin, cause,
circumstances, and extent of loss of all fires within unincorporated areas of Jefferson County.
(3) “Declaration of highfire hazard” means a declaration by the county fire marshalortheir
designee, or a local fire official or their designee, that a highfire hazardexistswithin their region
of responsibility.
(4)“Display fireworks” as in RCW 70.77.131.
(5)“Fire hazard” means the accumulation of combustible materials in such a condition as to be
readily ignited and in such a quantity as to create a hazard from fire to nearby structures, forest
areas, life and property.
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(6)“Fireworks”has the same meaning as in RCW 70.77.126.
(7) “Fireworks waste” means any waste remaining after the discharge, manufacture, sale, storage,
or transportation of fireworks, including, but not limited to, ashes, garbage, and rubbish.
(8)“High fire hazard” means a period of hot, dry weather accompanied by low fuel moistures,
where fires start quickly, spread furiously, and burn intensely and are difficult to control unless
they are successfully attacked when the fires are small. It is during this period that wildland fires
can be expected, and fire growth will be accelerated.
(9) “Local fire official” means a fire chief of a fire district wholly or partially within Jefferson
County or their designee.
(10)“Publicdisplayof fireworks”has the same meaning as in RCW 70.77.160.
(11)“Region of responsibility” means the fire district wholly or partially within Jefferson County
for a local fire official, or the countyas a wholefor the county fire marshal.
(12)“Skylantern”has the same meaning as in RCW 76.04.005(19).
(13)“Specialeffects”has the same meaning as inRCW 70.77.136.
(14)“Vehicle” means every device capable of being moved upon a highway and in, upon, or by
which any person or property is or may be transported or drawn upon a highway.“Vehicle” shall
include but shall not be limited to automobiles, motorcycles, trucks, buses, motorized recreational
vehicles, campers, travel trailers, and boat trailers. “Vehicle” does not include devices moved by
human or animal power, or used exclusively upon stationary rails or tracks.
(15)“Vessel”means every species of watercraft or other mobile artificial contrivance, powered or
unpowered, intended to be used for transporting people or goods on water or for floating marine
construction or repair and which does not exceed two hundred feet in length.
(16)“Wildland fire” means any non-structure fire that occurs in vegetation or natural fuels and
includes fires originating from an unplanned ignition and unauthorized and accidental human
caused fires.
8.75.030Skylanternsprohibited.
Itisunlawfulforanypersontoignite,lightorlaunchanyskylanternwithinunincorporated
JeffersonCounty.
8.75.035Publication of Declaration of High Fire Hazard.
The county fire marshaland each local fire official shall publish the declaration of highfire hazard
in local media outlets for public review.
8.75.040-Prohibitedacts—Exceptions.
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(1)Limits on Dates and Times Consumer Fireworks May Be Sold or Discharged.The county
adopts the dates and times consumer fireworks may be sold or discharged under RCW 70.77.395,
which currently is as follows:
(a) It is legal to sell and purchase consumer fireworks within this state from twelve o’clock noon
to eleven o’clock p.m. on the twenty-eighth of June, from nine o’clock a.m. to eleven o'clock
p.m. on each day from the twenty-ninth of June through the fourth of July, from nine o’clock
a.m. to nine o’clock p.m. on the fifth of July, from twelve o’clock noon to eleven o’clock p.m.
on each day from the twenty-seventh of December through the thirty-first of December of each
year, and as provided in RCW70.77.311.
(b) Consumer fireworks may be used or discharged each day between the hours of twelve o’clock
noon and eleven o’clock p.m. on the twenty-eighth of June and between the hours of nine o’clock
a.m. and eleven o’clock p.m. on the twenty-ninth of June to the third of July, and on July 4th
between the hours of nine o’clock a.m. and twelve o’clock midnight, and between the hours of
nine o’clock a.m. and eleven o’clock p.m. on July 5th, and from six o’clock p.m. on December
31st until one o’clock a.m. on January 1st of the subsequent year, and as provided in RCW
70.77.311.
(2) Limits on the Manufacture, Sale, Transportation, Discharge, Storage or Use of Fireworks Is
Prohibited During a Declaration of High Fire Hazard.Exceptaspermittedinthischapter,the
discharge, manufacture, sale, storage, or transportation offireworksisprohibitedduring a
declaration of highfire hazarddeclared in a region of responsibility;provided,however,thatthis
restrictionshallnotapply:
(a)Totheusebyrailroadsorothertransportationagenciesforsignalorilluminationpurposes;
(b)Totheuseofagriculturaland wildlifefireworks;
(c) To the use ofdevices for vegetation management orwildfire firefighting tactics;
(d)Totheuseofflaresorfusesinconnectionwiththeoperationofvehiclesorvesselsforsignal
purposes,orusebyothersforemergencysignalpurposes,orilluminationofforuseinforest
protectionactivities,orforthoseotherusesdescribedinRCW70.77.311.
(e)Totheuseofspecialeffectswhenusedasanintegralpartofatheatricalproduction;
(f)Tothetransportationoffireworksthroughthecountyaspartofinterstatecommerce;or,
(g)Tothepublicdisplayoffireworksauthorizedbypermitissuedbythelocal fire official.
(3)Publication of Declaration of High Fire Hazard.The county fire marshaland each local fire
official shall publish the declaration of highfire hazard in local media outlets for public review.
(4) Failure to Cleanup Fireworks Waste.Failure to clean up fireworks waste is prohibited under
this chapter.
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8.75.045Failure to Cleanup Fireworks Waste.
Failure to clean up fireworks waste is prohibited under this chapter.
8.75.050–PermitsRequired.
(1)After obtaining any other permit required under Chapter 8.20JCC, JCC 18.20.380, or JCC
18.20.390, apublic display fireworks permitshallbeobtainedfromthecounty fire marshal, in
consultation with the localfireofficialto:
(a)Possessorstoredisplayfireworksofanykind;
(b)Conductanoutdoorpublicdisplayoffireworks;
(c)Dischargeofspecial effectsfor theatrical productions;
(d)Dischargeagricultural andwildlife fireworks;
(e)Discharge devices for vegetation management;
(f)Dischargedisplay fireworks;
(g)Transportanydisplayfireworks,exceptnopermitisrequiredfortransportbyapubliccarrier
oninterstateorstateroutes;and,
(h)Useofordischargeofdisplayfireworksinsideanystructure.
(2)Permitsrequiredbythischaptershallbereviewedbythelocalfireofficial.Asaconditionof
anypermit,thelocalfireofficialmayrevokeapermitatanytimeduetosafetyconcerns.
(3)Thefeeforstoringortransportingdisplayfireworksshallbeonehundreddollars($100.00)per
annum.Noadditionalfeewillbechargedfortransportation,whichisinconjunctionwithapublic
displaypermitoraspecialeffectsfireworkspermit.
(4) Anentertainment, amusement orassemblies permit also may be required by Chapter 8.20JCC
for an event. Where an entertainment, amusement orassemblies permit is required for an event,
the applicant shallobtain the entertainment, amusement and assemblies permit before applying for
a fireworks display permit.If an application foranamusement, entertainment or assembly permit
mustbe made to the board of county commissionerspursuant to JCC 8.20.030for an event, a
written final application for the entertainment, amusement orassemblies permitmust be obtained
before applying for a fireworks display permit under this section.
(5) A temporary outdoor use permit also may be required by JCC18.20.380for any event.Where
atemporary outdoor use permitis required, the applicant shallobtain the temporary outdoor use
permit from the Department of Community Development for the event pursuant to JCC 18.20.380
before applying for a fireworks display permitunder this section.
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(6) A temporary festival conditional use permit also may be required by JCC 18.20.390for an
event.Where a temporary festival conditional use permit is required, the applicant shallobtain
the temporary festival conditional use permitfrom the Department of Community Development
for the event pursuant to JCC 18.20.390before applying for a fireworks display permit under this
section.
8.75.060-Publicdisplay—Permitfee—Rulesandregulations.
(1)The county fire marshalshallhavethepowertoadoptreasonablerulesandregulationsforthe
grantingofpermitsforsupervisedpublicdisplayoffireworkspermitswithintheir region of
responsibility within unincorporatedJeffersonCounty.
(2)Theapplicationforapermitforapublicdisplayoffireworkspermitshallbemadeinwriting
tothecountyatleastthirtydaysinadvanceofthedisplay.Theapplicationshallbeaccompanied
byaletterfromthepersonlegallyresponsibleforthepropertyonwhichsuchdisplayistotake
place.Suchlettershallgrantpermissiontotheapplicantfortheuseofsuchproperty.Anypermit
grantedthis chaptershallnotbetransferable.Allapplicablefeesandproofofliabilityinsurance
shallalsoaccompanytheapplication.
(3)Thefeeforapublicdisplayfireworkspermitshallbeonehundreddollars($100.00), paid to
the fire district from which the application is sought;provided,however,thelocal fire officialmay
waivesuchfeeuponrequestmadeinadvance.
(4)Apublicdisplayof fireworks shallbeofsuchcharacter,andsolocated,dischargedorfired
thatintheopinionofthelocalfireofficial,thedisplayshallbedeemednothazardoustoproperty
orinjurioustoanyperson.Acompetentoperatorwhohasbeenapprovedbythelocalfireofficial
shallhandleeverysuchdisplay.Everyapprovedoperatorshallhavefirstobtainedastatelicense
pursuanttoRCW 70.77.355.
(5)Theapplicantshallprovidethecountywithapolicyorpoliciesofpublicliabilityandproperty
damageinsurancefromalicensedinsurancecompanyorcompanies,whichpoliciesshallbe
subjecttotheapprovalastoformbythecountyrisk managerinthefollowingamounts:one
milliondollars($1,000,000.00)ormoreforinjurytoanyonepersoninanyoneaccidentor
occurrence;threemilliondollars($3,000,000.00)ormoreforinjurytotwoormorepersonsinany
oneaccidentoroccurrence,andone milliondollars($1,000,000.00)fordamagetopropertyinany
oneaccidentoroccurrence.JeffersonCountyshallbenamedasanadditionalnamedinsuredon
suchpolicy.
(6)Anapplicantwhohasbeenrefusedapermitforapublicdisplayoffireworks permitorapermit
forretailsaleoffireworksbythelocalfireofficialshallhavetherighttoappealthedecisionof
thelocalfireofficialtothecounty boardofcommissioners.
8.75.070–SeizureofFireworks
Pursuant to RCW 70.77.435,anyfireworks which are illegally sold, offered for sale, used,
discharged, possessed, or transported in violation of the provisions of this chapter or the rules or
regulations of the chief of the Washington state patrol, through the director of fire protection, are
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subject to seizure by the chief of the Washington state patrol, through the director of fire
protection, or his or her deputy, or by state agencies or local governments having general law
enforcement authority.
8.75.080-Violationsandpenalties.
Pursuant to RCW36.32.120(7), this chapterdeclares certain acts to be civil violations and
establishes civil enforcement procedures and penalties, and also declares certain acts to be
misdemeanors.
(1)Misdemeanor. Anyperson,firm,corporationorassociationviolatingorfailingtocomply
withanyoftheprovisionsofthischaptershallbedeemedguiltyofamisdemeanorandupon
convictionthereofshallbepunishedbyafineinasumnotexceedingonethousanddollars
($1,000.00)dollarsorbyimprisonmentinthejailforaperiodnottoexceedninety(90)daysorby
bothsuchfineandjail.
(2)Civil Infraction.
(a)Any person who violates any provision of this chapter maybe issued a notice of infraction.
The penalty for an infraction issued to a person who violates any provision of this chapter shall be
one thousand dollars ($1,000.000) and two thousand dollars($2,000.00) for any subsequent
violation of this chapter.For each violation of a continuing nature, each day shall constitute a
separate infraction, subject to a daily penalty.
(b)Anotice of infraction represents a determination that a violation has been committed. The
determination will be final unless contested as provided in this chapter.
(c)The Infraction Rules for Courts of Limited Jurisdiction(IRLJ) as they exist now or may be
amended in the future, apply to the processing and adjudication of civil infractions under this
chapter.
8.75.090–Enforcement
(1) Particularly with the discharge of consumer fireworks in violation of this chapter, public
awareness and voluntary compliance efforts should be usedprior to enforcement under this
chapter.
(2) Thecountysheriffortheir designeehas the discretion to enforcethis chapter.This chapter
does not create a duty on the part of the county,the county sheriff, the county fire marshal, or local
fire officials to enforce violations of this chapter.Decisions about whether and how to enforce
this chapter shall be made in conjunction with the county prosecuting attorney or their designee.
(3) The county sheriff or their designee may consult with the county fire marshal or a local fire
official in enforcement of this chapter. The county sheriff or their designee are authorized to:
(a) Issue citations to or arrest without warrant persons violating the provisions of this chapter;
(b) Serve and execute all warrants, citations and other process issued by the courts;
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(c) Sendbycertifiedmail anywarrant, citation or other process to the last known place of
residence of the person alleged to have violatedof this chapter, whichshall be deemed as personal
service upon the person alleged to have violated this chapter.
(4)This chapter as well as permits or decisions issued under it may be enforced through the
provisions of Title 19JCC,Code Compliance. The county sheriff is the “director” for purposes
of JCC 19.10.015(19). The county sheriff shall coordinate with the code compliance coordinator
on decisions to enforce this chapter under Title 19JCC.
(5) Enforcement throughthis chapterisnot exclusive and additional enforcement mechanisms may
exist, whichmay include filing civil actions in courts of competent jurisdiction under other
applicable laws.
(6) The county prosecuting attorney may at any time bring such additional injunctive, declaratory,
criminal, or other actions as are necessary to enforce the provisions of this chapter.
(7) Nothing in this title shall be interpreted to mean that civil and criminal remedies for the same
violations may not be brought simultaneously.
8.75.100-Severability.
Ifanyprovisionofthischapterisdeclaredunconstitutionalortheapplicabilitythereoftoany
personorcircumstanceisheldinvalid,theconstitutionalityoftheremainderoftheordinance
codifiedinthischapterandtheapplicabilitythereoftootherpersonsandcircumstanceshallnotbe
affectedthereby.
8.75.110-Effectivedate.
Thattheordinancecodifiedinthischapterandtherules,regulations,provisions,requirements,
ordersandmattersestablishedandadoptedpursuant to the ordinance codified in this chapter shall
takeeffectandbeinfullforceandeffectone year afterthedateofadoption.
8.75.120Disclaimer of liability.
Nothing contained in this chapter is intended to be nor shall be construed to create or form the
basis for any liability on the part of the county, its officers, employees or agents, or any local fire
official, for any injury or damage resulting from the failure of anyone to comply with the
provisions of this chapter, or by reason or in consequence of the implementation or enforcement
pursuant to this chapter, or by reason of any action or inaction on the part of the county related in
any manner to the enforcement of this chapter by its officers, employees or agents.
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APPENDIX B–CURRENT CHAPTER 8.75 JCC
Chapter 8.75
FIREWORKS AND SKY LANTERNS
Sections:
8.75.010 Definitions.
8.75.020 Sky lanterns prohibited.
8.75.030 Adoption and repeal of resolution finding a state of extreme fire danger.
8.75.040 Fireworks prohibited in state of extreme fire danger.
8.75.050 Acts not prohibited –Signal purposes, forest protection, etc.
8.75.060 Chapter in connection with state law.
8.75.070 Enforcement.
8.75.080 Penalty for violations.
8.75.010 Definitions.
(1) “Fireworks” means any composition or device designed to produce a visible or an audible
effect by combustion, deflagration or detonation, and which meets the definition of“articles
pyrotechnic” as set forth in RCW 70.77.138, or the definition of “consumer fireworks” as set
forth in RCW 70.77.136, or the definition of “display fireworks” as set forth in RCW 70.77.131.
(2) “Public display” means an entertainment feature where the public is invited, admitted or
permitted to view the display or discharge of display fireworks.
(3) “Sky lanterns” means any unmanned device with a fuel source that incorporates an open
flame in order to make the device airborne.
(4) “Special effects,” pursuant to RCW 70.77.146, means any combination of chemical elements
or chemical compounds capable of burning independently of the oxygen in the atmosphere, and
designed and intended to produce an audible, visual, mechanical or thermal effect as an integral
part of a motion picture, radio, television, theatrical or opera production or live entertainment.
(5) “Display fireworks” means large fireworks designed primarily for display and classified as
such by the U.S. Department of Transportation, as further set forth in RCW 70.77.131.
(6) “Extreme fire danger” means a period of hot, dry weather accompanied by low fuel
moistures. It is during this period that wildland fires can be expected and fire growth will be
accelerated. \[Ord. 12-15 § 2 (Att. A § 1)\]
8.75.020 Sky lanterns prohibited.
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It is unlawful for any person to ignite, light or launch any sky lantern within unincorporated
Jefferson County. \[Ord. 12-15 § 2 (Att. A § 2)\]
8.75.030 Adoption and repeal of resolution finding a state of extreme fire danger.
The county fire code official shall, after consultation with the representatives of the county’s fire
districts, have authority to declare that conditions in the county constitute an extreme fire danger.
Upon a declaration by an authorized state official or the county fire code official that conditions
in Jefferson County constitute an “extreme fire danger,” then the county commission by
resolution may, upon any date after the effective date defined in Section 11 of the ordinance
codified in this chapter, find a state of extreme fire danger.
Upon a declaration by an authorized state official or the county fire code official that conditions
in Jefferson County no longer constitute an “extreme fire danger,” then the county commission
by resolution may repeal its resolution finding a state of extreme fire danger. \[Ord. 12-15 § 2
(Att. A § 3)\]
8.75.040 Fireworks prohibited in state of extreme fire danger.
When a county commission resolution finding a state of extreme fire danger is in effect, it is
unlawful for any person to sell, transfer, discharge, ignite or explode any fireworks, display
fireworks or special effects within unincorporated Jefferson County.
The provisions of this section shall be applicable to the sale and use of all fireworks (as defined
above) except toy paper caps containing not more than twenty-five hundredths grain of explosive
compound for each cap as well as trick or novelty devices not classified as consumer fireworks.
\[Ord. 12-15 § 2 (Att. A § 4)\]
8.75.050 Acts not prohibited –Signal purposes, forest protection, etc.
This chapter does not prohibit the use of flares or fuses in connection with the operation of motor
vehicles, motor or sail vessels, or other transportation agencies for signal purposes, or use by
others for emergency signal purposes, or illumination or for use in forest protection activities, or
for those uses described in RCW 70.77.311. \[Ord. 12-15 § 2 (Att. A § 5)\]
8.75.060 Chapter in connection with state law.
This chapter is intended to augment Chapter 70.77 RCW, and shall be construed in connection
with that law and any and all rules or regulations issued pursuant thereto. \[Ord. 12-15 § 2 (Att. A
§ 6)\]
8.75.070 Enforcement.
The county sheriff, or his designee, as well as the county fire marshal is authorized to enforce all
provisions of this chapter. \[Ord. 12-15 § 2 (Att. A § 7)\]
8.75.080 Penalty for violations.
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Any person violating or failing to comply with any provisions of this chapter is guilty of an
infraction and subject to a fine of up to $250.00. \[Ord. 12-15 § 2 (Att. A § 8)\]
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APPENDIX C-STAFF’S SUGGESTIONSFOR POSSIBLE ADDITIONAL
CHANGES FROM DISCUSSION AT THE FEBRUARY 28, 2022 HEARING
STATE OF WASHINGTON
County of Jefferson
An Ordinance Repealing and Replacing
Chapter 8.75 (Fireworks and Sky Lanterns)of ORDINANCE NO. _____________
the Jefferson County Code
WHEREAS,Article XI, section 11of the Washington Constitution, confers upon county
legislative authorities the police power to adopt such local police, sanitary and other regulations
as are not in conflict with general laws; and,
WHEREAS, Article XI, section 11of the Washington Constitution is a direct delegation
of the police power to cities and counties, and the power delegated is as extensive within their
sphere as that possessed by the legislature; and,
WHEREAS,RCW36.32.120(7)provides that the county legislative authorities shall make
and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as
are not in conflict with state law; and,
WHEREAS, police power is that inherent and plenary power which enables prohibition
of all things hurtful to the comfort, safety and welfare of society;and,
WHEREAS, the scope of police power is broad, encompassing all those measures which
bear a reasonable and substantial relation to promotion of the general welfare of the people;and,
WHEREAS,RCW 36.32.120(10)provides that county legislative bodies have the power
to declare by ordinance what shall be deemed a nuisance within the county; to abate a nuisance at
the expense of the parties creating, causing, or committing the nuisance; and to levy a special
assessment on the land or premises on whichthe nuisance is situated to defray the cost, or to
reimburse the county for the cost of abating it; and,
WHERAS,RCW 70.77.250(4)provides that a county may adopt fireworks regulations
that are more restrictive than state law, provided the local regulations must have an effective date
no sooner than one year after their adoption; and
WHEREAS, the Jefferson County Board of County Commissioners (Board) has held a
hearing and has received public comment on the draft ordinance proposed by staff; and,
WHEREAS, in response to the public comment and testimony, additional improvements
to the draft ordinance have been made, and,
NOW, THEREFORE,be it ordained by the Boardas follows:
Section 1. Amending Chapter 8.75 JCC.The Boardrepeals and replacesthe current Chapter 8.75
JCCwithAppendix A.The current Chapter 8.75 JCC is in Appendix B.
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Section 2. Findings.The Boardadopts the above recitals (the “WHEREAS” statements) as its
findings of fact in support of this ordinance.
Section 3. Severability.The provisions of this ordinance are declared separate and severable. If
any provision of this ordinance or its application to any person or circumstances is held invalid,
then the remainder of thisordinance or application of its provisions to other persons or
circumstances shall remain valid and unaffected.
Section 4. SEPA Compliance.This ordinance is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800(19).
Section 5. Effective Date.This ordinance shall take effect and be in full force and effect on the
earliest date possible under state law, which currently is one yearafter the date of adoptionper
RCW 70.77.250(4).
(SIGNATURES FOLLOW ON NEXT PAGES)
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ADOPTEDthis _____ day of _________________________ 2022, at ___: ___ a.m.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
________________________________________
Heidi Eisenhour, Chair
________________________________________
ATTEST:Kate Dean, Member
_________________________________________________________________________
Carolyn Galloway DateGreg Brotherton, Member
Clerk of the Board
Approvedas to form only:
_________________________________
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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APPENDIX A–REPLACEMENT FOR CHAPTER 8.75 JCC
Title8-HEALTHANDSAFETY
Chapter8.75–FIREWORKSANDSKYLANTERNS
Sections:
8.75.010 Purpose and Construction.
(1) This chapter supplements Chapter 70.77RCW, and shall be construed in connection with that
law and any regulations or rules issued pursuant thatlaw.
(2) It is expressly the purpose of this chapter to provide for and promote the health, safety and
welfare of the general public, and not to create or otherwise establish or designate any particular
class or group of persons who will or should be specially protected or benefited by the terms of
this chapter.
(3) This chapter shall be liberally construed to carry out its broad purposes, allowing the local fire
official to determine permissibleconsumer fireworks within their region of responsibility within
Jefferson County.
(4) Reference to the Revised Code of Washington (RCW) in this chapter is to the provision of the
RCW as currently adopted or as may be amended in the future.
8.75.020Definitions.
In construing provisions of this chapter, except where otherwise plainly declared or clearly
apparent from the context, words used in this chapter shall be given their common and ordinary
meaning and in addition, the following definitions shall apply:
(1)“Agricultural and wildlife fireworks” has the same meaning as in RCW70.77.141.
(2) “Consumer fireworks” has the same meaning as in RCW 70.77.136.
(3) “County fire marshal” meansthe person designated by the Board of County Commissioners
pursuant to RCW 43.44.050(1)(b)with the police power to investigate the origin, cause,
circumstances, and extent of loss of all fires within unincorporated areas of Jefferson County.
(3) “Declaration of highfire hazard” means a declaration by the county fire marshalortheir
designee, or a local fire official or their designee, that a highfire hazardexistswithin their region
of responsibility.
(4)“Display fireworks” as in RCW 70.77.131.
(5)“Fire hazard” means the accumulation of combustible materials in such a condition as to be
readily ignited and in such a quantity as to create a hazard from fire to nearby structures, forest
areas, life and property.
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.
(6)“Fireworks”has the same meaning as in RCW 70.77.126
(7) “Fireworks waste” means any waste remaining after the discharge, manufacture, sale, storage,
or transportation of fireworks, including, but not limited to, ashes, garbage, and rubbish.
(8) “High fire hazard” means a period of hot, dry weather accompanied by low fuel moistures,
where fires start quickly, spread furiously, and burn intensely and are difficult to control unless
they are successfully attacked when the fires are small. It is during this period that wildland fires
can be expected, and fire growth will be accelerated.
(9) “Local fire official” means a fire chief of a fire district wholly or partially within Jefferson
County or their designee.
(10)“Publicdisplayof fireworks”has the same meaning as in RCW 70.77.160.
(11)“Region of responsibility” means the fire district wholly or partially within Jefferson County
for a local fire official, or the countyas a wholefor the county fire marshal.
(12)“Skylantern”has the same meaning as in RCW 76.04.005(19).
(13)“Specialeffects”has the same meaning as inRCW 70.77.136.
(14)“Vehicle” means every device capable of being moved upon a highway and in, upon, or by
which any person or property is or may be transported or drawn upon a highway.“Vehicle” shall
include but shall not be limited to automobiles, motorcycles, trucks, buses, motorized recreational
vehicles, campers, travel trailers, and boat trailers. “Vehicle” does not include devices moved by
human or animal power, or used exclusively upon stationary rails or tracks.
(15)“Vessel” means every species of watercraft or other mobile artificial contrivance, powered or
unpowered, intended to be used for transporting people or goods on water or for floating marine
construction or repair and which does not exceed two hundred feet in length.
(16) “Wildland fire” means any non-structure fire that occurs in vegetation or natural fuels and
includes fires originating from an unplanned ignition and unauthorized and accidental human
caused fires.
8.75.030Skylanternsprohibited.
Itisunlawfulforanypersontoignite,lightorlaunchanyskylanternwithinunincorporated
JeffersonCounty.
8.75.035 Publication of Declaration of High Fire Hazard.
The county fire marshaland each local fire official shall publish the declaration of high fire hazard
in local media outlets for public review.
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8.75.040-Prohibitedacts—Exceptions.
(1)Limits on Dates and Times Consumer Fireworks May Be Sold or Discharged.The county
adopts the dates and times consumer fireworks may be sold or discharged under RCW 70.77.395,
which currently is as follows:.Achart showing what iscurrently authorized under RCW
70.77.395for purchase, use or discharge of consumer fireworks is below:
(a) It is legal to sell and purchase consumer fireworks within this state from twelve o’clock noon
to eleven o’clock p.m. on the twenty-eighth of June, from nine o’clock a.m. to eleven o'clock
p.m. on each day from the twenty-ninth of June through the fourth of July, from nine o’clock
a.m. to nine o’clock p.m. on the fifth of July, from twelve o’clock noon to eleven o’clock p.m.
on each day from the twenty-seventh of December through the thirty-first of December of each
year, and as provided in RCW 70.77.311.
(b) Consumer fireworks may be used or discharged each day between the hours of twelve o’clock
noon and eleven o’clock p.m. on the twenty-eighth of June and between the hours of nine o’clock
a.m. and eleven o’clock p.m. on the twenty-ninth of June to the third of July, and on July 4th
between the hours of nine o’clock a.m. and twelve o’clock midnight, and between the hours of
nine o’clock a.m. and eleven o’clock p.m. on July 5th, and from six o’clock p.m. on December
31st until one o’clock a.m. on January 1st of the subsequent year, and as provided in RCW
70.77.311.
Sale of Consumer Fireworks, as provided in RCW 70.77.311
DateFromTo
June 28 each yearNoon11:00 p.m.
June 29 each year9:00 a.m.11:00 p.m.
July 1 each year9:00 a.m.11:00 p.m.
July 2 each year9:00 a.m.11:00 p.m.
July 3 each year9:00 a.m.11:00 p.m.
July 4 each year9:00 a.m.11:00 p.m.
December 27 each yearNoon11:00 p.m.
December 28 each yearNoon11:00 p.m.
December 29 each yearNoon11:00 p.m.
December 30 each yearNoon11:00 p.m.
December 31 each yearNoon11:00 p.m.
Use and Discharge of Consumer Fireworks, as provided in RCW 70.77.311
DateFromTo
June 28 each yearNoon11:00 p.m.
June 29 each year9:00 a.m.11:00 p.m.
July 1 each year9:00 a.m.11:00 p.m.
July 2 each year9:00 a.m.11:00 p.m.
July 3 each year9:00 a.m.11:00 p.m.
July 4 each year9:00 a.m.Midnight.
December 31 each yearNoonMidnight
January 1 each yearMidnight1:00 p.m.
Page 6of 14
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, if
The abovechart shall be updated to be consistent with the requirements of RCW 70.77.395
that section is amended.
(2) Limits on the Manufacture, Sale, Transportation, Discharge, Storage or Use of Fireworks Is
Prohibited During a Declaration of High Fire Hazard.Exceptaspermittedinthischapter,the
discharge, manufacture, sale, storage, or transportation offireworksisprohibitedduring a
declaration of highfire hazarddeclared in a region of responsibility;provided,however,thatthis
restrictionshallnotapply:
(a)Totheusebyrailroadsorothertransportationagenciesforsignalorilluminationpurposes;
(b)Totheuseofagriculturaland wildlifefireworks;
(c) To the use ofdevices for vegetation management orwildfire firefighting tactics;
(d)Totheuseofflaresorfusesinconnectionwiththeoperationofvehiclesorvesselsforsignal
purposes,orusebyothersforemergencysignalpurposes,orilluminationofforuseinforest
protectionactivities,orforthoseotherusesdescribedinRCW70.77.311.
(e)Totheuseofspecialeffectswhenusedasanintegralpartofatheatricalproduction;
(f)Tothetransportationoffireworksthroughthecountyaspartofinterstatecommerce;or,
(g)Tothepublicdisplayoffireworksauthorizedbypermitissuedbythelocal fire official.;
(h) To the storage fireworks during a declaration of high fire hazard declared in a region of
responsibility, if the during a declaration of highfire hazard declared in a region of responsibility
was declared between June 28 and July 4 and December 27 and January 1; or,
(i) To the storage or transportation of fireworks for 30 days after a declaration of high fire hazard
declared in a region of responsibility, if the during a declaration of high fire hazard declared in a
region of responsibility was declared between June 28 and July 4 and December 27 and January
1.
8.75.045 Failure to Cleanup Fireworks Waste.
Failure to clean up fireworks waste is prohibited under this chapter.
8.75.050–PermitsRequired.
(1)After obtaining any other permit required under Chapter 8.20JCC, JCC 18.20.380, or JCC
18.20.390, apublic display fireworks permitshallbeobtainedfromthecounty fire marshal, in
consultation with the localfireofficialto:
(a)Possessorstoredisplay fireworksofanykind;
(b)Conductanoutdoorpublicdisplayoffireworks;
(c)Dischargeofspecial effects for theatrical productions;
Page 7of 14
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(d)Dischargeagricultural andwildlife fireworks;
(e)Discharge devices for vegetation management;
(f)Dischargedisplay fireworks;
(g)Transportanydisplay fireworks,exceptnopermitisrequiredfortransportbyapubliccarrier
oninterstateorstateroutes;and,
(h)Useordischargeofdisplay fireworksinsideanystructure.
(2)Permitsrequiredbythischaptershallbereviewedbythelocalfireofficial.Asaconditionof
anypermit,thelocalfireofficialmayrevokeapermitatanytimeduetosafetyconcerns.
(3)Thefeeforstoringortransportingdisplay fireworksshallbeonehundreddollars($100.00)per
annum.Noadditionalfeewillbechargedfortransportation,whichisinconjunctionwithapublic
displaypermitoraspecialeffectsfireworkspermit.
(4) An entertainment, amusement orassemblies permit also may be required by Chapter 8.20 JCC
for an event. Where an entertainment, amusement orassemblies permit is required for an event,
the applicant shallobtain the entertainment, amusement and assemblies permit before applying for
a fireworks display permit.If an application for an amusement, entertainment or assembly permit
mustbe made tothe board of county commissionerspursuant to JCC 8.20.030for an event, a
written final application for the entertainment, amusement or assemblies permit must be obtained
before applying for a fireworks display permit under this section.
(5) A temporary outdoor use permit also may be required by JCC18.20.380for any event.Where
atemporary outdoor use permitis required, the applicant shallobtain the temporary outdoor use
permit from the Department of Community Development for the event pursuant to JCC 18.20.380
before applying for a fireworks display permitunder this section.
(6) A temporary festival conditional use permit also may be required by JCC 18.20.390for an
event.Where a temporary festival conditional use permit is required, the applicant shallobtain
the temporary festival conditional use permitfrom the Department of Community Development
for the event pursuant to JCC 18.20.390before applying for a fireworks display permit under this
section.
8.75.060-Publicdisplay—Permitfee—Rulesandregulations.
(1)The county fire marshalshallhavethepowertoadoptreasonablerulesandregulationsforthe
grantingofpublicdisplayfireworkspermits withintheir region of responsibility within
unincorporatedJeffersonCounty.
(2)Theapplicationforapublicdisplayfireworkspermit shallbemadeinwritingtothecountyat
leastthirty daysinadvanceofthedisplay.Theapplicationshallbeaccompaniedbyaletterfrom
thepersonlegallyresponsibleforthepropertyonwhichsuchdisplayistotakeplace.Suchletter
shallgrantpermissiontotheapplicantfortheuseofsuchproperty.Anypermitgrantedthis chapter
Page 8of 14
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shallnotbetransferable.Allapplicablefeesandproofofliabilityinsuranceshallalsoaccompany
theapplication.
(3)Thefeeforapublicdisplayfireworks permitshallbeonehundreddollars($100.00), paid to
the fire district from which the application is sought;provided,however,thelocal fire official may
waivesuchfeeuponrequestmadeinadvance.
(4)Apublicdisplayof fireworks shallbeofsuchcharacter,andsolocated,dischargedorfired
thatintheopinionofthelocalfireofficial,thedisplayshallbedeemednothazardoustoproperty
orinjurioustoanyperson.Acompetentoperatorwhohasbeenapprovedbythelocalfireofficial
shallhandleeverysuchdisplay.Everyapprovedoperatorshallhavefirstobtainedastatelicense
pursuanttoRCW 70.77.355.
(5)Theapplicantshallprovidethecountywithapolicyorpoliciesofpublicliabilityandproperty
damageinsurancefromalicensedinsurancecompanyorcompanies,whichpoliciesshallbe
subjecttotheapprovalastoformbythecountyrisk manager inthefollowingamounts:one
milliondollars($1,000,000.00)ormoreforinjurytoanyonepersoninanyoneaccidentor
occurrence;threemilliondollars($3,000,000.00)ormoreforinjurytotwoormorepersonsinany
oneaccidentoroccurrence,andone milliondollars($1,000,000.00)fordamagetopropertyinany
oneaccidentoroccurrence.JeffersonCountyshallbenamedasanadditionalnamedinsuredon
suchpolicy.
(6)Anapplicantwhohasbeenrefusedapublicdisplayfireworks permit orapermitforretailsale
offireworksbythelocalfireofficialshallhavetherighttoappealthedecisionofthelocalfire
officialtothecounty boardofcommissioners.
8.75.070–SeizureofFireworks
Pursuant to RCW 70.77.435,any fireworks which are illegally sold, offered for sale, used,
discharged, possessed, or transported in violation of the provisions of this chapter or the rules or
regulations of the chief of the Washington state patrol, through the director of fire protection, are
subject to seizure by the chief of the Washington state patrol, through the director of fire
protection, or his or her deputy, or by state agencies or local governments having general law
enforcement authority.
8.75.080-Violationsandpenalties.
Pursuant to RCW 36.32.120(7), this chapterdeclares certain acts to be civil violations and
establishes civil enforcement procedures and penalties, and also declares certain acts to be
misdemeanors.
(1)Misdemeanor. Anyperson,firm,corporationorassociationviolatingorfailingtocomply
withanyoftheprovisionsofthischaptershallbedeemedguiltyofamisdemeanorandupon
convictionthereofshallbepunishedbyafineinasumnotexceedingonethousanddollars
($1,000.00)dollarsorbyimprisonmentinthejailforaperiodnottoexceedninety(90)daysorby
bothsuchfineandjail.
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(2)Civil Infraction.
(a)Any person who violates any provision of this chapter may be issued a notice of infraction.
The penalty for an infraction issued to a person who violates any provision of this chapter shall be
one thousand dollars ($1,000.000) and two thousand dollars ($2,000.00) for any subsequent
violation of this chapter.For each violation of a continuing nature, each day shall constitute a
separate infraction, subject to a daily penalty.
(b)A notice of infraction represents a determination that a violation has been committed. The
determination will be final unless contested as provided in this chapter.
(c)The Infraction Rules for Courts of Limited Jurisdiction (IRLJ) as they existnow or may be
amended in the future, apply to the processing and adjudication of civil infractions under this
chapter.
8.75.090–Enforcement
(1) Particularly with the discharge of consumer fireworks in violation of this chapter, public
awareness and voluntary compliance efforts should be usedprior to enforcement under this
chapter.
(2) Thecountysheriffortheir designeehas the discretion to enforcethis chapter.This chapter
does not create a duty on the part of the county, the county sheriff, the county fire marshal, or local
fire officials to enforce violations of this chapter. Decisions about whether and how to enforce
this chapter shall be made in conjunction with the county prosecuting attorney or their designee.
(3) The county sheriff or their designee may consult with the county fire marshal or a local fire
official in enforcement of this chapter. The county sheriff or their designee are authorized to:
(a) Issue citations to or arrest without warrant persons violating the provisions of this chapter;
(b) Serve and execute all warrants, citations and other process issued by the courts;
(c) Sendby certifiedmail anywarrant, citation or other process to the last known place of
residence of the person alleged to have violatedof this chapter, whichshall be deemed as personal
service upon the person alleged to have violated this chapter.
(4)This chapter as well as permits or decisions issued under it maybe enforced through the
provisions of Title 19JCC, Code Compliance. The county sheriff is the “director” for purposes
of JCC 19.10.015(19). The county sheriff shall coordinate with the code compliance coordinator
on decisions to enforce this chapter under Title 19JCC.
(5) Enforcement throughthis chapterisnot exclusive and additional enforcement mechanisms may
exist, whichmay include filing civilactions in courts of competent jurisdiction under other
applicable laws.
(6) The county prosecuting attorney may at any time bring such additional injunctive, declaratory,
criminal, or other actions as are necessary to enforce the provisions of this chapter.
Page 10of 14
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(7) Nothing in this title shall be interpreted to mean that civil and criminal remedies for the same
violations may not be brought simultaneously.
8.75.100-Severability.
Ifanyprovisionofthischapterisdeclaredunconstitutionalortheapplicabilitythereoftoany
personorcircumstanceisheldinvalid,theconstitutionalityoftheremainderoftheordinance
codifiedinthischapterandtheapplicabilitythereoftootherpersonsandcircumstanceshallnotbe
affectedthereby.
8.75.110-Effectivedate.
Thattheordinancecodifiedinthischapterandtherules,regulations,provisions,requirements,
ordersandmattersestablishedandadoptedpursuant to the ordinance codified in this chapter shall
takeeffectandbeinfullforceandeffectone year afterthedateofadoption.
8.75.120Disclaimer of liability.
Nothing contained in this chapter is intended to be nor shall be construed to create or form the
basis for any liability on the part of the county, its officers, employees or agents, or any local fire
official, for any injury or damage resulting from the failure of anyone to comply with the
provisions of this chapter, or by reason or in consequence of the implementation or enforcement
pursuant to this chapter, or by reason of any action or inaction on the part of the county related in
any manner to the enforcement of this chapter by its officers, employees or agents.
Page 11of 14
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APPENDIX B–CURRENT CHAPTER 8.75 JCC
Chapter 8.75
FIREWORKS AND SKY LANTERNS
Sections:
8.75.010 Definitions.
8.75.020 Sky lanterns prohibited.
8.75.030 Adoption and repeal of resolution finding a state of extreme fire danger.
8.75.040 Fireworks prohibited in state of extreme fire danger.
8.75.050 Acts not prohibited –Signal purposes, forest protection, etc.
8.75.060 Chapter in connection with state law.
8.75.070 Enforcement.
8.75.080 Penalty for violations.
8.75.010 Definitions.
(1) “Fireworks” means any composition or device designed to produce a visible or an audible
effect by combustion, deflagration or detonation, and which meets the definition of “articles
pyrotechnic” as set forth in RCW 70.77.138, or the definition of “consumer fireworks” as set
forth in RCW 70.77.136, or the definition of “display fireworks” as set forth in RCW 70.77.131.
(2) “Public display” means an entertainment feature where the public is invited, admitted or
permitted to view the display or discharge of display fireworks.
(3) “Sky lanterns” means any unmanned device with a fuel source that incorporates an open
flame in order to make the device airborne.
(4) “Special effects,” pursuant to RCW 70.77.146, means any combination of chemical elements
or chemical compounds capable of burning independently of the oxygen in the atmosphere, and
designed and intended to produce an audible, visual, mechanical or thermal effect as an integral
part of a motion picture, radio, television, theatrical or opera production or live entertainment.
(5) “Display fireworks” means large fireworks designed primarily for display and classifiedas
such by the U.S. Department of Transportation, as further set forth in RCW 70.77.131.
(6) “Extreme fire danger” means a period of hot, dry weather accompanied by low fuel
moistures. It is during this period that wildland fires can be expected and fire growth will be
accelerated. \[Ord. 12-15 § 2 (Att. A § 1)\]
8.75.020 Sky lanterns prohibited.
Page 12of 14
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It is unlawful for any person to ignite, light or launch any sky lantern within unincorporated
Jefferson County. \[Ord. 12-15 § 2 (Att. A § 2)\]
8.75.030 Adoption andrepeal of resolution finding a state of extreme fire danger.
The county fire code official shall, after consultation with the representatives of the county’s fire
districts, have authority to declare that conditions in the county constitute an extreme fire danger.
Upon a declaration by an authorized state official or the county fire code official that conditions
in Jefferson County constitute an “extreme fire danger,” then the county commission by
resolution may, upon any date after the effective date defined in Section 11 of the ordinance
codified in this chapter, find a state of extreme fire danger.
Upon a declaration by an authorized state official or the county fire code official that conditions
in Jefferson County no longer constitute an “extreme fire danger,” then the county commission
by resolution may repeal its resolution finding a state of extreme fire danger. \[Ord. 12-15 § 2
(Att. A § 3)\]
8.75.040 Fireworks prohibited in state of extreme fire danger.
When a county commission resolution finding a state of extreme fire danger is in effect, it is
unlawful for any person to sell, transfer, discharge, ignite or explode any fireworks, display
fireworks or special effects within unincorporated Jefferson County.
The provisions of this section shall be applicable to the sale and use of all fireworks (as defined
above) except toy paper caps containing not more than twenty-five hundredths grain of explosive
compound for each cap as well as trick or novelty devices not classified as consumer fireworks.
\[Ord. 12-15 § 2 (Att. A § 4)\]
8.75.050 Acts not prohibited –Signal purposes, forest protection, etc.
This chapter does not prohibit the use of flares or fuses in connection with the operation of motor
vehicles, motor or sail vessels, or other transportation agencies for signal purposes, or use by
others for emergency signal purposes, or illumination or for use in forest protection activities, or
for those uses described in RCW 70.77.311. \[Ord. 12-15 § 2 (Att. A § 5)\]
8.75.060 Chapter in connection with state law.
This chapter is intended to augment Chapter 70.77 RCW, and shall be construed in connection
with that law and any and all rules or regulations issued pursuant thereto. \[Ord. 12-15 § 2 (Att. A
§ 6)\]
8.75.070 Enforcement.
The county sheriff, or his designee,as well as the county fire marshal is authorized to enforce all
provisions of this chapter. \[Ord. 12-15 § 2 (Att. A § 7)\]
8.75.080 Penalty for violations.
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Any person violating or failing to comply with any provisions of this chapter is guilty of an
infraction and subject to a fine of up to $250.00. \[Ord. 12-15 § 2 (Att. A § 8)\]
Page 14of 14
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1
2022
March 7,
Hearing on Proposed
BoCC Presentation on
Joe Nole, Jefferson County Sheriff
Fireworks Code Revisions
Philip C. Hunsucker, Chief Civil DPA
Mark McCauley, Interim County Administrator
Chief Bret Black, East Jefferson Fire & Rescue
March 7, 2022
2
Background
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Firefighters, health officials brace for fireworks danger ahead of Fourth of July
Here's why fire officials are asking you not to
Thinking about setting off fireworks for the Fourth?
https://www.king5.com/article/news/local/wildfire/washington
March 7, 2022
5
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Commissioner Order Burn
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Restricting campfires and debris
caused wildfires during extremely hot
-
Deliberations on Proposed Fireworks Code
https://www.dnr.wa.gov/burn
, as a tool to reduce human
Human activities are the main cause of wildfires. DNR uses burn restrictions and when conditions warrant, a Banand dry weather conditions. When a burn restriction is in place, it prohibits
outdoor fires on all state, county, city, and private land under DNR fire protection, including all state forests, DNRforestlands and DNR campgrounds.burning helps to reduce the likelihood
of potentially destructive and dangerous wildfires.
March 7, 2022
11
RCW
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Chapter
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70.77.311
th
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4
RCW: STATE FIREWORKS LAW
from six o'clock p.m. on December 31st
from twelve o'clock noon to eleven o'clock
,
70.77
, and
first of December
-
Local governments may limit, prohibit sale or
—
Chapter
between the hours of twelve o'clock noon and eleven o'clock
, and as provided in RCW
within this state from twelve o'clock noon to eleven o'clock p.m. on
Deliberations on Proposed Fireworks Code
each day
seventh of December through the thirty
-
Consumer Fireworks Legal Only for
:
eighth of June and between the hours of nine o'clock a.m. and eleven o'clock p.m. on the twenty
(4).
-
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385
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-
70.77.31170.77.250
legal to sell and purchase consumer fireworks
70.77.
70.77.395
Consumer fireworks may be used or discharged
RCWDates and times consumer fireworks may be sold or dischargeddischarge of fireworks.(1) It is the twentythe fourth of July, from nine o'clock a.m. to nine o'clock p.m. on the fifth
of Julyp.m. on each day from the twentyin RCW(2) p.m. on the twentyof June to the third of July, and on July 4th between the hours of nine o'clock a.m. and twelve o'clock midnight,
and between the hours of nine o'clock a.m. and eleven o'clock p.m. on July 5thuntil one o'clock a.m. on January 1st of the subsequent year(3) A city or county may enact an ordinance
within sixty days of June 13, 2002, to limit or prohibit the sale, purchase, possession, or use of consumer fireworks on December 27, 2002, through December 31, 2002, and thereafter
as provided in RCW
March 7, 2022
RCW
13
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EJFD Chief Bret BlackEJFD Asst. Chief Brian TracerInterim County Administrator Mark McCauleyChief Civil DPA Philip Hunsucker
••••
Deliberations on Proposed Fireworks Code
Sheriff Joe Nole
Prosecuting Attorney James Kennedy
Cooperative Development of the Ordinance
March 7, 2022
17
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8.75 JCC
Revise and
Ordinance to
Replace Chapter
19
after the date of
1
shall take effect and be in full force and effect on
Deliberations on Proposed Fireworks Code
.
This ordinance
Key Provisions
—
70.77.250(4)
RCW
New Ordinance Section 5. Effective Date. the earliest date possible under state law, which currently is one yearadoption per
March 7, 2022
20
The county adopts the dates
seventh of December through
-
)
New Year’s
and
Deliberations on Proposed Fireworks Code
.
of July
th
4
eighth of June and between the hours of nine o’clock a.m. and eleven
-
Key Provisions
Exceptions
eighth of June, from nine o’clock a.m. to eleven o'clock p.m. on each day from the ninth of June to the third of July, and on July 4th between the hours of nine o’clock
--
—
—
acts
Prohibited
first of December of each year, and as provided in RCW 70.77.311.
-
-
ninth of June through the fourth of July, from nine o’clock a.m. to nine o’clock p.m. on the fifth of July,
-
040
.
Limits on Dates and Times Consumer Fireworks May Be Sold or Discharged.
75
.
New Ordinance
March 7, 2022
(Incorporates State Fireworks Law Limits on the Sale or Discharge of Consumer Fireworks to the 8(1) and times consumer fireworks may be sold or discharged under RCW 70.77.395, which
currently is as follows:(a) It is legal to sell and purchase consumer fireworks within this state from twelve o’clock noon to eleven o’clock p.m. on the twentytwentyfrom twelve o’clock
noon to eleven o’clock p.m. on each day from the twentythe thirty(b) Consumer fireworks may be used or discharged each day between the hours of twelve o’clock noon and eleven o’clock
p.m. on the twentyo’clock p.m. on the twentya.m. and twelve o’clock midnight, and between the hours of nine o’clock a.m. and eleven o’clock p.m. on July 5th, and from six o’clock p.m.
on December 31st until one o’clock a.m. on January 1st of the subsequent year, and as provided in RCW 70.77.311.
21
xcept as
E
declaration of high fire hazard
.
16
;
Deliberations on Proposed Fireworks Code
Exceptions
—
acts
Key Provisions
—
region of responsibility
Prohibited
-
040
.
Limits on the Manufacture, Sale, Transportation, Discharge, Storage or Use
75
.
8(2)of Fireworks Is Prohibited During a Declaration of High Fire Hazard.permitted in this chapter, the manufacture, sale, transportation, discharge, storage or use of fireworks is prohibited
during a declared in a
New Ordinance
March 7, 2022
22
.
70.77.311
.
Deliberations on Proposed Fireworks Code
Exceptions
—
Key Provisions
acts
—
Prohibited
-
040
.
provided, however, that this restriction shall not apply:
75
.
…
8(a) To the use by railroads or other transportation agencies for signal or illumination purposes;(b) To the use of agricultural and wildlife fireworks;(c) To the use of devices for
vegetation management or wildfire firefighting tactics;(d) To the use of flares or fuses in connection with the operation of vehicles or vessels for signal purposes, or use by others
for emergency signal purposes, or illumination of for use in forest protection activities, or for those other uses described in RCW (e) To the use of special effects when used as an
integral part of a theatrical production;(f) To the transportation of fireworks through the county as part of interstate commerce; or,(g) To the public display of fireworks authorized
by permit issued by the local fire official.
New Ordinance
March 7, 2022
23
)
The local fire
changes
Failure to clean up fireworks
.
(with Staff’s proposed
Deliberations on Proposed Fireworks Code
Exceptions
—
acts
Key Provisions
—
Prohibited
-
040
.
Publication of Declaration of High Fire Hazard.Failure to Cleanup Fireworks Waste.
75
.
New Ordinance
8(3) official shall publish the declaration of high fire hazard in local media outlets for public review.(4) waste is prohibited under this chapter.
March 7, 2022
24
)
changes
(with Staff’s proposed
Deliberations on Proposed Fireworks Code
Key Provisions
—
8.75.035 Publication of Declaration of High Fire Hazard.The county fire marshal and each local fire official shall publish the declaration of high fire hazard in local media outlets
for public review.8.75.045 Failure to Cleanup Fireworks Waste.Failure to clean up fireworks waste is prohibited under this chapter.
New Ordinance
March 7, 2022
25
local
a
or
,
t
.
, at 30, last
region of responsibility
county fire marshal or their designee
exists within their
Deliberations on Proposed Fireworks Code
the Chart that follows which also can be found a
high fire hazard
” means a declaration by the
See
Key Provisions
, that a
—
” means a period of hot, dry weather accompanied by low fuel moistures, where fires start
Declaration of high fire hazardHigh fire hazard
New Ordinance 8.75.020 Definitions.The USFS uses the National Fire Danger Rating System, and that system does not use the term “severe fire danger.” https://gacc.nifc.gov/rmcc/predictive/nfdrs_gaini
ng_understanding.pdfaccessed on 11/25/2021. The Fire Chiefs asked that we use “high fire hazard,” which is consistent with the “high” definition in the National Fire Danger Rating System,
so they would have more flexibility.
(3) “fire official or their designee(7) “quickly, spread furiously, and burn intensely and are difficult to control unless they are successfully attacked when the fires are small. It
is during this period that wildland fires can be expected, and fire growth will be accelerated.March 7, 2022
26
National Fire Danger Rating System
Deliberations on Proposed Fireworks Code
Key Provisions
—
New Ordinance
March 7, 2022
27
National Fire Danger Rating System
Deliberations on Proposed Fireworks Code
Key Provisions
—
New Ordinance
March 7, 2022
28
National Fire Danger Rating System
Deliberations on Proposed Fireworks Code
Key Provisions
—
New Ordinance
March 7, 2022
29
wholly or partially
the county for the county
or
,
fire district
Deliberations on Proposed Fireworks Code
” means the
for a local fire official
” means a fire chief of a fire district wholly or partially
Key Provisions
—
.
Region of responsibility
Local fire official
(8) “within Jefferson County or their designee.(10) “within Jefferson Countyfire marshal
New Ordinance 8.75.020 Definitions.
March 7, 2022
30
Deliberations on Proposed Fireworks Code
The Board of County Commissioners should designate the DCD
Key Provisions
—
Staff Recommendation:Director or designee as the County Fire Marshal. This can be done by motion of the BoCC. Staff recommends that Title 18 JCC (the Unified Development Code) be amended
for transparency.
New Ordinance 8.75.020 Definitions.
March 7, 2022
31
“CONSUMER
FIREWORKS”
32
and not
some small
by the United States
designed to produce visible
and including
aerial devices containing 130 mg
and
,
Deliberations on Proposed Fireworks Code
any small firework device
containing components which together exceed 50 mg of
” means
setpieces
"Consumer fireworks.".
—
fused
70.77.136
Consumer fireworks
“
“Consumer Fireworks”RCWDefinitionseffects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States consumer product
safety commission, as set forth in 16 C.F.R. Parts 1500 and 1507 devices designed to produce audible effects, such as whistling devices, ground devices containing 50 mg or less of explosive
materialsor less of explosive materials and classified as fireworks UN0336 department of transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002, includingsalute powder
March 7, 2022
33
Deliberations on Proposed Fireworks Code
March 7, 2022
34
Deliberations on Proposed Fireworks Code
March 7, 2022
35
DISPLAY
FIREWORKS”
“PERMITS FOR
36
and
aerial
,
by the United
but is not
other display
,
and
,
Deliberations on Proposed Fireworks Code
large fireworks designed primarily to produce visible or
containing components which exceed 50 mg of salute
” means
setpieces
“Display fireworks.”
—
salutes containing more than 2 grains (130 mg) of explosive materials
,
.
70.77.131
Display fireworks
“Display Fireworks”RCWDefinitions“audible effects by combustion, deflagration, or detonation and includeslimited toshells containing more than 40 grams of pyrotechnic compositionspieces
which exceed the limits of explosive materials for classification as “consumer fireworks” and are classified as fireworks UN0333, UN0334, or UN0335States department of transportation
at 49 C.F.R. Sec. 172.101 as of June 13, 2002, including fused powder
March 7, 2022
37
or
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carrier
, or JCC
changes
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transport
for
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required
;
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is
;
any
;
Deliberations on Proposed Fireworks Code
;
;
permit
productions
kind
inside
no
fireworks
any
fireworks
of
of
except
management
theatrical
fireworks
shall be obtained from the local fire official
for
;
display
wildlife
Key Provisions
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fireworks
—
anddisplay
fireworks,
vegetation
effects
public
of
for
fireworks
Required
display
display
special
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New Ordinance
.
March 7, 2022
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38
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March 7, 2022
8(local(additionaleffects
39
an
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permit
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obtained
Where
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for an event. Where a temporary
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of
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20
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for
(with Staff’s proposed
may
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permit
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also
Deliberations on Proposed Fireworks Code
temporary
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the
380
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final
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or
applicant
display permit under this section.
Required
use
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fireworks
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75
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New Ordinance
45
.
(entertainment,amusementan8before(useDevelopmentunder(6) A temporary festival conditional use permit also may be required by JCC festival conditional use permit is required, the applicant
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8
.
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be
40
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Jefferson
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dollars
advance
of
unincorporated
dollars
Deliberations on Proposed Fireworks Code
fireworks
responsible
in
located,
.
of
form
granted
so
permit
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to
.
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made
pursuant
hundred
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and
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have
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be
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person
any
on
.
of
public display
person
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in
approval
character,
shall
the
state
and
shall
upon
a
responsibility
a
any
the
and
of
fee
insured
such
to
property
from
display
with
to
person
Key Provisions
of
permit
marshal
such
Rules
such
permit for a
region
one
be
obtained
letter
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—
fire
—public
occurrence,
of
a
county
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ainjurious
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any
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first
or
their
waive
shall
by
use
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be
theto
for
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county
the
have
may
additional
within
Permit
shall
the
for
injury
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permit
an
—
application
display
property
shall
provide
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a
and
foras
official
to
one
of
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for
accompanied
permits
shall
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display
applicant
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be
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operator
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the
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local
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shall
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fireworks
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March 7, 2022
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8(display(applicationpermissionshall(however,(deemedEvery(companies,(moreCounty(6) An applicant who has been refused a the right to appeal the decision of the local fire official to
the county board of commissioners.
41
Deliberations on Proposed Fireworks Code
Key Provisions
—
Violations and penalties.
-
New Ordinance Authorizes:(1) Misdemeanor. “Any person, firm, corporation or association violating or failing to comply with any of the provisions of this chapter shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be punished by a fine in a sum not exceeding one thousand dollars ($1,000.00) dollars or by imprisonment in the jail for a period
not to exceed ninety (90) days or by both such fine and jail.”(2) Civil Infraction. “Any person who violates any provision of this chapter may be issued a notice of infraction. The
penalty for an infraction issued to a person who violates any provision of this chapter shall be one thousand dollars ($1,000.000) and two thousand dollars ($2,000.00) for any subsequent
violation of this chapter. For each violation of a continuing nature, each day shall constitute a separate infraction, subject to a daily penalty.”
8.75.080
March 7, 2022
42
. The county sheriff shall coordinate
Deliberations on Proposed Fireworks Code
JCC, Code Compliance. The county sheriff is the
19.10.015(19)
19
Key Provisions
—
Enforcement.
-
This chapter as well as permits or decisions issued under it may be enforced
JCC.”
New Ordinance(1) “Particularly with the discharge of consumer fireworks in violation of this chapter, public awareness and voluntary compliance efforts should be used prior to enforcement
under this chapter.”(2) “The county sheriff or their designee has the discretion to enforce this chapter. This chapter does not create a duty on the part of the county, the county
sheriff, the county fire marshal, or local fire officials to enforce violations of this chapter. Decisions about whether and how to enforce this chapter shall be made in conjunction
with the county prosecuting attorney or their designee.”(3) “The county sheriff or their designee may consult with the county fire marshal or a local fire official in enforcement of
this chapter.”(4) “through the provisions of Title “director” for purposes of JCC with the code compliance coordinator on decisions to enforce this chapter under Title 19
8.75.090
March 7, 2022
43
Questions?