Chapter 8.24
FIREWORKS
(Effective November 15, 2024)
Sections:
8.24.010 Adoption by reference.
8.24.050 Permit required to display fireworks.
8.24.070 Issuance – Nontransferable – Voiding.
8.24.080 Application for public display permit.
8.24.090 Fire marshal authorized to adopt regulations.
8.24.100 Special effects for entertainment media.
8.24.110 Nonprohibited acts – Signal purposes, forest protection.
8.24.140 Effective and sunset date.
8.24.010 Adoption by reference.
The following provisions of the Revised Code of Washington as presently constituted or hereafter amended are adopted by reference:
A. RCW 70.77.485, Unlawful possession of fireworks – Penalties.
B. RCW 70.77.488, Unlawful discharge or use of fireworks – Penalty.
C. RCW 70.77.510, Unlawful sales or transfers of display fireworks – Penalty.
D. RCW 70.77.515, Unlawful sales or transfers of consumer fireworks – Penalty.
E. RCW 70.77.520, Unlawful to permit fire nuisance where fireworks kept – Penalty.
F. RCW 70.77.540, Penalty.
G. RCW 70.77.545, Violation a separate, continuing offense. (Ord. 3879 § 1, 2023).
8.24.020 Definitions.
A. The definitions in Chapter 70.77 RCW, State Fireworks Law, are incorporated by reference.
B. “Sky lantern” means an unmanned self-contained luminary device that uses heated air produced by an open flame or produced by another source to become or remain airborne. (Ord. 3879 § 1, 2023).
8.24.030 Purchase and sales.
It is unlawful to sell or purchase any fireworks within the city of Mount Vernon; provided, that this prohibition does not apply to properly licensed displays of fireworks as defined in Chapter 70.77 RCW. (Ord. 3879 § 1, 2023).
8.24.040 Use and discharge.
A. It is unlawful to use or discharge fireworks within the city of Mount Vernon except for a properly licensed display of fireworks as defined in Chapter 70.77 RCW.
B. It is unlawful for any person to sell, use, transfer, discharge, or ignite any sky lantern within the city or to cause a lighted sky lantern to float into the city at any time. (Ord. 3879 § 1, 2023).
8.24.050 Permit required to display fireworks.
It is unlawful for any person, firm or corporation 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. 3879 § 1, 2023).
8.24.060 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, limitations 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. 3879 § 1, 2023).
8.24.070 Issuance – Nontransferable – Voiding.
Each public display permit 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. 3879 § 1, 2023).
8.24.080 Application for public display permit.
Applications for a permit to hold, conduct, or operate a public display of fireworks as defined under Chapter 70.77 RCW shall be made to the 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 as set forth in any regulations authorized by the fire marshal pursuant to MVMC 8.24.090. (Ord. 3879 § 1, 2023).
8.24.090 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. 3879 § 1, 2023).
8.24.100 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 productions, theatricals or operas when such use and display are 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. 3879 § 1, 2023).
8.24.110 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 use in forest protection activities. (Ord. 3879 § 1, 2023).
8.24.120 Construction.
This chapter is intended to implement Chapter 70.77 RCW, and shall be construed in connection with that law and any and all rules or regulations issued pursuant thereto. (Ord. 3879 § 1, 2023).
8.24.130 Violations.
Unless otherwise provided, 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 $1,000 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. All fine amounts include statutory assessments. In addition to criminal sanctions or civil remedies, the fire department may revoke any permit issued pursuant to this chapter upon any failure or refusal of the permittee to comply with the orders and directives of the fire chief or designee, and/or to comply with any provisions of this code relating to temporary structures. (Ord. 3879 § 1, 2023).
8.24.140 Effective and sunset date.
Pursuant to RCW 77.77.250, this chapter shall be in effect on November 15, 2024, and shall expire three years from its effective date. Expiration of this chapter shall operate to reenact Ordinances 3832, 3680, 3276, and 3204. (Ord. 3879 § 1, 2023).
8.24.150 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. 3879 § 1, 2023).