Chapter 8.28
FIREWORKS
Sections:
8.28.010 RCW adopted—Copies filed and authenticated.
8.28.020 Restriction on times for sale and discharge of fireworks.
8.28.030 Restrictions and permits.
8.28.040 Permit required—Public display of fireworks.
8.28.050 Application for public display permit.
8.28.070 Issuance—Nontransferable—Voiding.
8.28.080 State-licensed pyrotechnician required.
8.28.090 Reinforcement of fire protection.
8.28.100 Revocation of permit.
Prior legislation: Ords. 1178 and 1041A.
8.28.010 RCW adopted—Copies filed and authenticated.
Except as otherwise provided herein, Chapter 70.77 RCW, State Fireworks Law, is hereby adopted by reference, including all future amendments or additions thereto, and under the provisions of RCW 35A.12.140, the sections codified in this chapter shall be published as required by law, but the specified Chapter 70.77 RCW adopted by reference need not be published but shall be authenticated and recorded with the Sedro-Woolley city clerk, and not less than one copy of such chapter in the form in which it was adopted shall forthwith be filed in the office of the Sedro-Woolley city clerk for use and examination by the public. (Ord. 1647-09 § 1 (part), 2009)
8.28.020 Restriction on times for sale and discharge of fireworks.
The sale, purchase and discharge of consumer fireworks shall not be permitted at any time except during the following times and dates:
A. Sale and Purchase of Consumer Fireworks. Between the hours of nine a.m. and nine p.m. on June 29th through July 4th of any year, with the sale of consumer fireworks not being permitted on or around New Year’s Day, or at any time other than specified above; and
B. Discharge on July Fourth. Between the hours of nine a.m. and eleven p.m. on the 4th of July of any year; and
C. Discharge on New Year’s. Between the hours of six p.m. on December 31st and one a.m. on January 1st of the subsequent year. (Ord. 1647-09 § 1 (part), 2009)
8.28.030 Restrictions and permits.
A. The following fireworks shall not be manufactured, possessed, used or detonated within the city of Sedro-Woolley, Washington:
Any device that will produce a visual and/or audible effect when exploded and/or detonated by combustion, except as follows:
1. Flares for emergency operation.
2. Signal device to begin an athletic event or sport.
3. Use by military organizations.
4. Blank cartridges for show or theater.
5. A permitted fireworks display.
B. The following types of fireworks are able to be manufactured, possessed, used or detonated within the city of Sedro-Woolley, Washington:
1. Sparkler: stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition.
2. Cylindrical fountain: cylindrical tubes containing pyrotechnic composition. Upon ignition, a shower of colored sparks and sometimes a whistling effect is produced. This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle if intended to be handheld (handle fountain).
3. Cone fountain: cardboard or heavy paper cone containing pyrotechnic composition. The effect is the same as that of a cylindrical fountain.
4. Illuminating torch: cylindrical tube containing pyrotechnic composition. Upon ignition, colored fire is produced. May be spike, base or handheld.
5. Wheel: pyrotechnic device attached to a post or tree by means of a nail or string. Each wheel may contain up to six driver units containing pyrotechnic composition. Upon ignition, the wheel revolves, producing a shower of color and sparks and sometimes a whistling effect.
6. Ground spinner: small device similar to a wheel in design and effect, placed on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device.
7. Flitter sparkler: narrow paper tube containing pyrotechnic composition which produces color and sparks upon ignition. This device does not have a fuse for ignition. The paper at one end of the tube is ignited to make the device function.
8. Smoke device: tube or sphere containing pyrotechnic composition which, upon ignition, produces white or colored smoke as the primary effect.
C. Permit for Display of Fireworks. A permit for display of fireworks may be issued by the fire chief under the provisions as set forth in Section 8.28.040. (Ord. 1647-09 § 1 (part), 2009)
8.28.040 Permit required—Public display of fireworks.
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. 1647-09 § 1 (part), 2009)
8.28.050 Application for public display permit.
A. 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 chief. Such a permit shall also require the approval of the police chief or designee. Applications shall be made not less than fourteen days prior to the display. Applicants shall meet all qualifications and requirements of state law regarding the public display of fireworks, and all requirements of Article 78 of the Uniform Fire Code, as adopted by the city. Applicants for a public display permit shall hold a pyrotechnic operator license, as set forth in Section 8.28.080.
B. Except as provided in RCW 70.77.355, the applicant for a permit for a public display of fireworks shall include with the application evidence of a bond issued by an authorized surety company. The bond shall be in the amount required by RCW 70.77.295 and shall be conditioned upon the applicant’s payment of all damages to persons or property resulting from or caused by such public display of fireworks, or any negligence on the part of the applicant or its agents, servants, employees, or subcontractors in the presentation of the display. Instead of a bond, the applicant may include a certificate of insurance evidencing the carrying of appropriate liability insurance in the amount required by RCW 70.77.295 for the benefit of the person named therein as insured, as evidence of ability to respond in damages. (Ord. 1647-09 § 1 (part), 2009)
8.28.060 Permit fees.
The fee for a public display permit for the public display of fireworks shall be listed in the master fee schedule adopted by resolution of the city council, payable in advance, except that no permit fee shall be charged for the public display of fireworks on city-owned property when permitted by the city council. (Ord. 2013-22 § 27, 2022; Ord. 1647-09 § 1 (part), 2009)
8.28.070 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 shall void the permit granted in addition to all other sanctions provided in this chapter. (Ord. 1647-09 § 1 (part), 2009)
8.28.080 State-licensed pyrotechnician required.
Applicants shall hold a pyrotechnic operator license issued by the state as defined by Chapter 70.77 RCW and Chapter 212-17 WAC. All public fireworks displays shall be planned, organized and discharged by a state-licensed pyrotechnician. (Ord. 1647-09 § 1 (part), 2009)
8.28.090 Reinforcement of fire protection.
When, in the discretion of the fire chief, additional standby firefighting resources are necessary to preserve the public health, safety and welfare, a public display permit may require that the permittee fund such additional firefighting resources. Firefighters shall receive a minimum compensation as per the Washington State Association of Fire Chiefs’ fee schedule. All compensation for fire department apparatus will be as per the Washington State Association of Fire Chiefs’ fee schedule and shall be designated to the general fund. This section shall not apply to public displays of fireworks on city-owned property when permitted by the city council. (Ord. 1647-09 § 1 (part), 2009)
8.28.100 Revocation of permit.
Any public display permit may be immediately revoked at any time deemed necessary by the fire chief due to any noncompliance with permit conditions, or unforeseen weather conditions such as extremely low humidity or high winds. The display may also be canceled by accidental ignition of any form of combustible or flammable material in the vicinity due to falling debris from the display. This provision shall be construed as supplementing Section 7802.4.9.5 of the Uniform Fire Code as adopted by the city, and shall not be construed as a limitation of that section of the Uniform Fire Code. (Ord. 1647-09 § 1 (part), 2009)
8.28.110 Violation—Penalty.
A. Any person violating any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine in an amount not exceeding one thousand dollars, or by imprisonment in jail for a term not exceeding ninety days, or by both. In the case of a conviction for a violation of this chapter, the city’s fire marshal or designee may order the fireworks stand closed and may deny approval of a request by the person for a fireworks license for the next year.
B. A person is guilty of a separate offense for each separate and distinct violation of any provisions of this chapter, and a person is guilty of a separate offense for each day during which he/she commits or allows to continue any violation of the provisions of this chapter.
C. Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this chapter or of Chapter 70.77 RCW shall be subject to seizure by any police officer or by the city’s fire chief or his designee. (Ord. 1647-09 § 1 (part), 2009)
8.28.120 Severability.
If any provision of this chapter or Chapter 70.77 RCW adopted by reference in this chapter and effective from and after five days from publication following adoption by the city council or its application to any person or circumstance is held invalid, the remainder of this chapter or its application of the provisions to other persons or circumstances shall not be affected. (Ord. 1647-09 § 1 (part), 2009)