Chapter 8.24
FIREWORKS
(Effective until November 15, 2024)
Sections:
8.24.020 Use of certain fireworks unlawful.
8.24.030 Discharge of consumer fireworks.
8.24.035 Discharge of consumer fireworks prohibited near forests and parks.
8.24.040 Sale or purchase of consumer fireworks.
8.24.050 Permit for consumer fireworks.
8.24.070 Permit required for public display.
8.24.090 Issuance – Nontransferable – Voiding.
8.24.100 Applications for public display permit.
8.24.110 Fire marshal authorized to adopt regulations.
8.24.120 Special effects for entertainment media.
8.24.130 Nonprohibited acts – Signal purposes, forest protection.
8.24.135 Emergency fireworks ban sale and use.
8.24.010 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
A. “Chaser” means a small paper or cardboard tube that travels along the ground upon ignition. A whistling effect or other noise is often produced. The explosive composition used to create the noise may not exceed 50 milligrams.
B. “Consumer fireworks” means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Products Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials and classified as fireworks containing UN0336 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of the effective date of the ordinance codified in this chapter, and not including fused set pieces containing components which together exceed 50 milligrams of salute powder. Consumer fireworks include, but are not limited to, fireworks devices commonly known as the following: sparklers, morning glory, ground spinners, multi-aerials, helicopters, parachutes, cone and fountains, Roman candles, wheels, novelties, snakes, cakes and smoke devices.
C. “Firecracker” or “salute” means a small paper-wrapped or cardboard tube containing not more than 50 milligrams of pyrotechnic composition. Upon ignition, noise and a flash of light is produced. External dimensions shall not exceed one and one-half inches in length or one-quarter inch in diameter.
D. “Forestlands” means any unimproved lands, which have enough trees, standing or down, or flammable material, to constitute a fire menace to life or property. Brush and grass areas may be considered forestlands when such areas are adjacent to or intermingled with areas supporting tree growth.
E. “Missile-type rocket” means a device similar to a skyrocket in size, composition and effect that uses fins rather than a stick for guidance and stability.
F. “Mortar-type firework” means a device including a shell or shells, typically round or cylindrical, that is launched by a lift charge and uses a mortar tube which may be reloadable or may be preloaded and packaged in groups as a mine, shell, or cake.
G. “Roman candle” means a device constructed of heavy paper or cardboard tube containing pyrotechnic composition. Upon ignition, up to 10 “stars” are individually expelled at several-second intervals.
H. “Skyrocket” means a tube not exceeding one-half inch (12.5 millimeters) inside diameter that may contain up to 20 grams of pyrotechnic composition. Skyrockets contain a wooden stick for guidance and stability and rise into the air upon ignition. A burst of color or noise or both is produced at the height of flight. (Ord. 3832 § 1, 2021; Ord. 3204 § 1, 2004).
8.24.020 Use of certain fireworks unlawful.
Whether permitted by state law or not, the manufacture, storage, transportation (except in interstate commerce), sale at wholesale or retail, possession or discharge of Roman candles, firecrackers, salutes, chasers, skyrockets and missile-type rockets and mortar-type fireworks is prohibited in the city, except as allowed by this chapter. (Ord. 3832 § 2, 2021; Ord. 3204 § 1, 2004).
8.24.030 Discharge of consumer fireworks.
Notwithstanding any provision of state law, it shall be unlawful to use or discharge consumer fireworks at any time except for the following: on July 4th between the hours of 12:00 p.m. until 12:00 a.m. Nothing in this section shall be construed to permit the use or discharge of Roman candles, firecrackers, salutes, chasers, skyrockets, missile-type rockets, or mortar-type fireworks at any time except pursuant to a valid permit issued by the fire chief for a public or private display of display fireworks. (Ord. 3832 § 3, 2021; Ord. 3276 § 1, 2005).
8.24.035 Discharge of consumer fireworks prohibited near forests and parks.
Notwithstanding any provision of state law, it shall be unlawful to use or discharge consumer fireworks within 300 feet from any forest lands or parks within the city. (Ord. 3204 § 1, 2004).
8.24.040 Sale or purchase of consumer fireworks.
Notwithstanding any provision of state law, it shall be unlawful to sell or purchase consumer fireworks at any time except for the following: From 12:00 noon to 11:00 p.m. on the 28th of June, from 9:00 a.m. to 11:00 p.m. on each day from the 29th of June through the 4th of July, and from 12:00 noon to 11:00 p.m. on each day from the 27th of December through the 31st of December of each year. (Ord. 3204 § 1, 2004).
8.24.050 Permit for consumer fireworks.
Pursuant to RCW 70.77.260, any person desiring to manufacture, import, possess, or sell any fireworks at wholesale or retail for any use shall apply in writing to a local fire official for a permit. All applications must be submitted by May 1st for sales commencing on June 28th. (Ord. 3204 § 1, 2004).
8.24.060 Display of sign.
Any person or organization that sells consumer fireworks within the city limits shall prominently display a sign or signs designed and produced by the fire marshal to inform the public of the times and dates for which the use or discharge of consumer fireworks is permitted. (Ord. 3204 § 1, 2004).
8.24.070 Permit required for public display.
It is unlawful for any person to hold, conduct or engage in a public display of fireworks within the city without first having obtained and being the holder of a valid permit issued pursuant to the provisions of this chapter. (Ord. 3204 § 1, 2004).
8.24.080 Permit fees.
Every person, firm or corporation shall, prior to obtaining any public display permit as provided in this chapter, pay a permit fee of $100.00 payable in advance. In addition, in the event that the location specified in the permit has unusual parameters, limitation or risks requiring inspection over and above that anticipated in the establishment of this fee, a charge for inspection shall be paid by the applicant equal to the actual cost of providing the inspection. (Ord. 3204 § 1, 2004).
8.24.090 Issuance – Nontransferable – Voiding.
Each public display issued pursuant to this chapter shall be valid for the specific authorized public display event only, shall be used only by the designated permittee and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit granted in addition to all other sanctions provided in this code. (Ord. 3204 § 1, 2004).
8.24.100 Applications for public display permit.
Applications for a permit to hold, conduct or operate a public display of fireworks shall be made to the Mount Vernon fire marshal at least 21 days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements set forth in any regulations authorized by the fire marshal pursuant to MVMC 8.24.070. (Ord. 3204 § 1, 2004).
8.24.110 Fire marshal authorized to adopt regulations.
The fire marshal appointed pursuant to MVMC 15.08.040 is authorized to adopt reasonable rules and regulations to implement the provisions set forth in this chapter, giving due regard to the prevention of fire, property damage and injury; provided, however, that any rule or regulation that is more restrictive than state law as to the types of fireworks that may be sold shall have an effective date no sooner than one year after adoption. A copy of such rules and regulations shall be maintained for copying and inspection in the office of the finance director. (Ord. 3204 § 1, 2004).
8.24.120 Special effects for entertainment media.
This chapter does not prohibit the assembling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio, or television production, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the city of Mount Vernon to purchase, possess, transport or use such fireworks. (Ord. 3204 § 1, 2004).
8.24.130 Nonprohibited acts – Signal purposes, forest protection.
This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for the use in forest protection activities. (Ord. 3204 § 1, 2004).
8.24.135 Emergency fireworks ban sale and use.
Upon recommendation of the mayor, the city council may issue a city-wide temporary order prohibiting the sale, possession and use of consumer fireworks. Said recommendation shall be based on a reasonable and articulable belief that hazardous conditions exist where the sale and use of consumer fireworks pose a severe wildland-urban interface fire hazard, increasing risk and/or threatening public safety. Prior to making the recommendation, the mayor shall consult the fire chief and police chief for best available public safety information pertinent to the conditions. Said information shall be communicated to the council as part of the mayor’s recommendation. The temporary emergency order shall specify the time period it shall be in effect. The emergency order may be canceled by the city council prior to its expiration date, based on recommendation from the mayor after consultation with the fire chief and police chief as to prevailing conditions.
In the event of any such prohibition, all damages claimable against the city by any holder of a license or permit to use or sell such fireworks shall be limited to the cost of any such license or permit granted by the city. All claims against the city as a result of a temporary emergency order issued under this section shall be submitted to the city finance director within six months of the date the order issued. (Ord. 3680 § 1, 2016).
8.24.140 Violations.
Unless otherwise provided below, any person violating or failing to comply with the provisions of this chapter, which does not also constitute a violation of state law, shall be guilty of a civil infraction and upon conviction thereof, shall be punished by a fine of $355.00 for each offense. Any violation of this chapter, which also constitutes a violation of state law, shall be punishable under state law penalties. In addition, any fireworks that are involved in the violation may be confiscated. Any person violating or failing to comply with a temporary order issued pursuant to MVMC 8.24.135 shall be guilty of a civil infraction and upon conviction thereof, shall be punished by a fine of $500.00 for each offense. All fine amounts include statutory assessments. (Ord. 3832 § 4, 2021; Ord. 3680 § 2, 2016; Ord. 3204 § 1, 2004).
8.24.150 Effective date.
Repealed by Ord. 3832. (Ord. 3204 § 1, 2004).
8.24.160 Severability.
If any chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 3204 § 1, 2004).