Chapter 8.20
FIREWORKS AND SKY LANTERNS (effective on October 28, 2025)
Sections:
8.20.010 Purpose and authority.
8.20.030 Dangerous and unclassified fireworks prohibited.
8.20.040 Sale and use of sky lanterns prohibited.
8.20.060 Fireworks sales prohibited within city limits.
8.20.070 Discharge prohibited – Exceptions.
8.20.080 Storage of fireworks prohibited.
8.20.100 Public fireworks display standards.
8.20.110 Interpretation and construction of chapter.
8.20.010 Purpose and authority.
A. This chapter regulates the possession and sale of fireworks as defined by the State Fire Marshal and prohibits the possession, sale, or discharge of any dangerous or unclassified fireworks as defined by Chapter 70.77 RCW.
B. This chapter prohibits the sale of all fireworks and sky lanterns within the city limits of Sequim, and prohibits the use of sky lanterns and the discharge of fireworks within the city limits of Sequim except as authorized under a public fireworks display permit.
C. All cites to Washington state statutes or regulations in this chapter are adopted as enacted and as may be amended. If there is any conflict between a state statute and this chapter, the state law controls. (Ord. 2024-038 § 1 (Exh. A); Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 1)
8.20.020 Definitions.
The definitions in Chapter 70.77 RCW and WAC 212-17-025 and 212-17-028 govern the interpretation of this chapter, when applicable. In addition, the following definitions apply in this chapter:
A. “Sky lantern,” “sky candles,” “fire balloons,” and “airborne paper lanterns” mean an unmanned airborne lantern typically made of paper with a light frame containing a candle, fuel cell composed of waxy flammable material, or other open flame that serves as a heat source to heat the air inside the lantern to cause it to lift into the air. Manned hot air balloons are not a part of this definition.
B. “City fire marshal” means the official or agency serving as fire marshal for the city of Sequim, whether that is an assigned staff person or a person operating under private contract or interlocal agreement, including authorized designees.
C. “State Fire Marshal” is a division of the Washington State Patrol and is the state agency responsible for regulating fireworks manufacturers, wholesalers, importers, and general display and pyrotechnic operator licensees for statutory compliance. (Ord. 2024-038 § 1 (Exh. A); Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 2015-015 § 1 (Exh. A1); Ord. 2013-006 § 1 (Exh. A); Ord. 95-007 § 2)
8.20.030 Dangerous and unclassified fireworks prohibited.
The sale, transportation, possession, or discharge of dangerous or unclassified fireworks within the city limits is prohibited. For unclassified fireworks, possession of fireworks without the manufacturer’s license number and the State Fire Marshal’s classification is prima facie evidence of a violation of this chapter. (Ord. 2024-038 § 1 (Exh. A); Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 3)
8.20.040 Sale and use of sky lanterns prohibited.
It is prohibited and unlawful for any person to sell, use, transfer, discharge, or ignite any sky lantern within the city limits, or to sell, use, transfer, discharge, or ignite any sky lantern which becomes aloft within the city limits. (Ord. 2024-038 § 1 (Exh. A); Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 2013-006 § 1 (Exh. A). Formerly 8.20.035)
8.20.050 Permits required.
Any person or entity within the city limits of Sequim desiring to make a public display of fireworks must apply for the appropriate permit in writing to the city department of community and economic development. Licensees or public carriers delivering to a licensee are exempt from this permit requirement pursuant to RCW 70.77.255(1)(c). (Ord. 2024-038 § 1 (Exh. A); Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 2012-005 § 1 (Exh. B); Ord. 95-007 § 4. Formerly 8.20.040)
8.20.060 Fireworks sales prohibited within city limits.
The sale and purchase of fireworks is prohibited within the city limits of Sequim. No fireworks stands will be permitted to operate on public or private property within the city limits at any time. (Ord. 2024-038 § 1 (Exh. A))
8.20.070 Discharge prohibited – Exceptions.
Except as authorized by Washington State license and city permit granted pursuant to RCW 70.77.260(2) (public display), discharging or exploding any fireworks within the city limits of Sequim is prohibited. (Ord. 2024-038 § 1 (Exh. A); Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 2002-017; Ord. 95-007 § 6. Formerly 8.20.060)
8.20.080 Storage of fireworks prohibited.
It is unlawful for any person or entity to store fireworks of any class in any location within the city limits of Sequim. (Ord. 2024-038 § 1 (Exh. A); Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 7. Formerly 8.20.070)
8.20.090 Public fireworks display permit required – Appeal of denial of public fireworks display permit.
A. Any person or entity desiring to make a public fireworks display must first apply for a permit from the department of community and economic development. Applications must be made at least 45 calendar days in advance of the proposed display.
B. Applicants must meet all qualifications and requirements of Washington State law regarding public fireworks displays and all fire and safety requirements for public fireworks display standards as set forth in SMC 8.20.100.
C. The city fire marshal or designee must investigate whether the character and location of the proposed display would be hazardous to property or dangerous to any person. Based on the investigation, the city fire marshal or designee will submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the city. The city will grant the application if it meets all requirements of this chapter and Chapter 70.77 RCW.
D. An applicant may appeal the city’s denial of a public fireworks display permit by filing a written notice of appeal to the hearing examiner in the same manner as set forth for code enforcement appeals in SMC 1.13.150(F). (Ord. 2024-038 § 1 (Exh. A); Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A). Formerly 8.20.130)
8.20.100 Public fireworks display standards.
All public fireworks displays must conform to the following minimum standards and conditions:
A. All public fireworks displays must be planned, organized, and discharged by a Washington State licensed pyrotechnician.
B. A public fireworks display permit must be obtained from the city and approved by the city fire marshal or designee before the display. The permit must include the applicant’s name and address, the pyrotechnician’s name and address, the exact location, date, and time of the proposed display, the number, type, and class of fireworks to be displayed, and the manner in which the fireworks are being stored prior to the display.
C. The application for public fireworks display must include evidence of a bond issued by an authorized surety or a certificate of public liability insurance with coverage amounts satisfactory to the city. Such bond or certificate must conform to the requirements set forth in RCW 70.77.285 and 70.77.355.
D. The permit may be immediately revoked at any time deemed necessary by the city fire marshal or designee due to any noncompliance or weather condition. The display may also be canceled by accidental ignition of combustible or flammable material in the vicinity due to falling debris from the display.
E. Public access areas will be determined by the city fire marshal or designee and maintained by the applicant in the manner set forth in the approved display permit. (Ord. 2024-038 § 1 (Exh. A); Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A). Formerly 8.20.140)
8.20.110 Interpretation and construction of chapter.
This chapter is intended to implement Chapter 70.77 RCW and must be interpreted in accordance with Chapter 70.77 RCW and all applicable rules or regulations. (Ord. 2024-038 § 1 (Exh. A); Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 2012-005 § 1 (Exh. B); Ord. 95-007 § 14. Formerly 8.20.150)
8.20.120 Enforcement.
The director of community and economic development or designated city fire marshal is the enforcing officer of this chapter. Any failure or refusal on the part of a permittee to obey the rules, regulations, or requests of the director or fire marshal is grounds for the revocation of a public fireworks display permit. (Ord. 2024-038 § 1 (Exh. A); Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 15. Formerly 8.20.160)
8.20.130 Violation – Penalty.
Violation of this chapter’s prohibition on the sale or use of fireworks or sky lanterns within city limits, to the extent such violation also constitutes a violation of RCW 70.77.488, 70.77.510, or 70.77.515, is a gross misdemeanor subject to the fines and penalties of a gross misdemeanor offense under state law.
Violation of any other provisions of this chapter constitutes a misdemeanor subject to the fines and penalties of a misdemeanor offense under state law (RCW 70.77.540).
Each day during which any person or entity commits, continues, or allows a violation of any provision of this chapter constitutes a separate violation (RCW 70.77.545).
Nothing in this chapter precludes the imposition of civil penalties and other civil enforcement methods in accordance with Chapter 1.13 SMC, Code Enforcement (RCW 70.77.547). (Ord. 2024-038 § 1 (Exh. A); Ord. 2024-007 § 1 (Exh. A); Ord. 2016-020 § 1 (Exh. A); Ord. 95-007 § 16. Formerly 8.20.170)