City of Lacey, Washington Municipal Code Title 9, Chapter 9.20

LACEY MUNICIPAL CODE

A Codification of the General Ordinances of the City of Lacey, Washington

Title 9: PUBLIC PEACE, SAFETY AND MORALS

Chapter 9.20

CRIMES AGAINST PUBLIC SAFETY

Sections:

9.20.010 Abandoned iceboxes

9.20.020 Fireworks--Definitions

9.20.030 Sales, possession and discharge of fireworks

9.20.040 Fireworks permits

9.20.042 Fireworks‑‑Unlawful sales

9.20.044 Fireworks‑‑Unlawful transfer

9.20.046 Fireworks‑‑Unlawful possession or discharge

9.20.048 Repealed

9.20.050 Barbed wire and electric fences

9.20.010 Abandoned iceboxes. A person is guilty of a misdemeanor if he discards, abandons or leaves in any place accessible to children, any refrigerator, icebox, deep‑freeze locker or other like container having a capacity of one and one‑half cubic feet or more, unless all doors thereon may be readily opened from the inside thereof or have been removed therefrom and unless all locks or locking devices have been removed therefrom. (Ord. 499 §2 (part), 1978).

9.20.020 Fireworks--Definitions. The following definitions shall apply to Sections 9.20.030 through 9.20.046.

A. “Consumer fireworks” means any composition or device, in a finished state, containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and not included within the definition of display fireworks or small firework devices, as set forth in this section.

B. “Display fireworks” means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than 2 grams (130mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as “consumer fireworks” and are classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation at 49 C.F.R. Sec. 172.101 as of June 13, 2002, and including fused setpieces containing components which exceed 50 mg. of salute powder.

C. “Small firework devices” means those devices commonly referred to as trick and novelty devices, including such items as snakes, glowworms, trick noise makers, party poppers, snappers or pop-its, paper caps containing not more than 25/100 grams of explosive compound for each cap, trick matches or similar devices. Such term also includes combustibles used in auto burglar alarms. (Ord. 1254 §2; Ord. 1254 §1 Repealed, 2005; Ord. 1204 §1, 2003; Ord. 909 §2, 1991).

9.20.030 Sales, possession and discharge of fireworks.

A. Small firework devices may be sold and used at all times.

B. Consumer fireworks shall not be sold or discharged in the city.

C. The sale, use and possession of display fireworks or any other fireworks not described in Chapter 9.20.030.A and 9.20.030.B of the Lacey Municipal Code shall be unlawful unless sold, possessed or used in accordance with the provisions of Chapter 70.77 of the Revised Code of Washington. (Ord. 1254 §3, 2005; Ord. 1204 §2, 2003; Ord. 1184 §1, 2002; Ord. 958 §1, 1993; Ord. 909 §3, 1991).

9.20.040 Fireworks permits.

Any person, firm or corporation intending to sell, possess or discharge display fireworks within the city, shall be required as a condition of such sale, possession or discharge, to secure from the city finance director a permit for such activities. The fee for such permits shall be effective for the full calendar year in which the permit is secured. The city finance director is directed to issue such permits only if the applicant is in compliance with the terms of this chapter and Chapter 70.77 of the Revised Code of Washington upon application and payment of the permit fee. (Ord. 1254 §4, 2005; Ord. 909 §4, 1991).

9.20.042 Fireworks‑‑Unlawful sales. Any person, firm or corporation selling consumer fireworks in the city at any time shall be guilty of a misdemeanor. (Ord. 1254 §5, 2005; Ord. 1204 §3, 2003; Ord. 909 §5, 1991).

9.20.044 Fireworks‑‑Unlawful transfer. Any person who knowingly sells, transfers or agrees to sell or transfer within the city any display fireworks to any person who is not a fireworks licensee as provided for in Chapter 70.77 of the Revised Code of Washington shall be guilty of a gross misdemeanor. (Ord. 1204 §4, 2003; Ord. 909 §6, 1991).

9.20.046 Fireworks‑‑Unlawful possession or discharge. It shall be unlawful for any person, within the city of Lacey to:

A. Possess display fireworks which are not authorized to be in the possession of a licensee pursuant to Chapter 70.77 of the Revised Code of Washington. Possession of less than one pound of said unauthorized display fireworks, exclusive of external packaging, shall constitute a misdemeanor and possession of one pound or more of said non‑authorized display fireworks, exclusive of external packaging, shall constitute a gross misdemeanor. For purposes of this subsection, the term “external packaging” means any materials that are not an integral part of the operative unit of the fireworks.

B. Discharge consumer fireworks in the city. Violation of this subsection shall constitute an infraction. The penalty and bail amounts for such infraction shall be as set forth by Court Rule pursuant to Rule 6.2 of the Infraction Rules For Courts of Limited Jurisdiction.

C. Discharge or otherwise use any fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. A violation of this section shall constitute a gross misdemeanor.

D. To allow rubbish to accumulate in any premises in which fireworks are stored or sold or to permit a fire nuisance to exist on such premises. A violation of this subsection shall constitute a misdemeanor. (Ord. 1311 §1, 2008; Ord. 1254 §6, 2005; Ord. 1204 §5, 2003; Ord. 958 §2, 1993; Ord. 909 §7, 1991).

9.20.048 Repealed. (Ord. 1254 §1, 2005; Ord. 1204 §6, 2003; Ord. 909 §8, 1991).

9.20.050 Barbed wire and electric fences.

A. No person or firm being the owner of or agent for or in possession and control of any property within the city limits which is located in zone districts low density, moderate density, medium density and high density residential, central business, general commercial, highway commercial, office commercial, limited business, community commercial, neighborhood commercial and open space/institutional shall construct, maintain or allow to exist any barbed wire or electric fence except as herein provided.

B. No person or firm being the owner of or agent for or in possession and control of any property within the city limits and located in a zone district other than those designated in Section 9.20.050.A shall construct, maintain or allow to exist any barbed wire or electric fence within ten feet of any property line of such property which abuts any of the zone districts designated in Section 9.20.050.A or which abuts upon any public street, alley or other public place except as herein provided.

C. This section shall not apply to barbed wire fences existing within the city limits on or before March 28, 1974, or to fences containing barbed wire only above a level six feet above the ground and containing fencing material other than electric or barbed wire below such level, commonly known as security fences.

D. Any person who violates the provisions of this section shall be guilty of a misdemeanor. (Ord. 968 §11, 1993; Ord. 499 §2 (part), 1978).

City of Lacey, Washington, USA