Chapter 8.24
FIREWORKS1
Sections:
8.24.030 Allowable times and locations of discharge of legal fireworks.
8.24.050 Prohibition during fire danger.
8.24.060 Restrictions and permits.
8.24.070 Application for public fireworks display.
8.24.080 Violations and penalties.
8.24.010 Definitions.
“Apron” is that part of the street right-of-way which is not part of the paved roadway but which fronts the property.
“Consumer fireworks” means any small fireworks designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product 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 fifty (50) mg. or less of explosive materials and aerial devices containing one hundred thirty (130) mg. or less of explosive materials and classified as fireworks UN0336 by the United States Department of Transportation at 49 C.F.R. Section 172.101 as of June 13, 2002, and not including fused set pieces containing components which together exceed fifty (50) mg. of salute powder. (Ord. 495 § 1, 2022; Ord. 399 § 1, 2008).
8.24.020 Illegal fireworks.
(A) It is unlawful for any person to possess, use, transfer, discharge, or explode within the town of Index any fireworks other than consumer fireworks during the allowable times and locations permitted by this chapter. It is unlawful to sell, purchase, or otherwise transfer any fireworks other than consumer fireworks. This section shall not pertain to duly authorized public or private displays.
(B) Firecrackers, chasers, missiles, and rockets (including bottle rockets) are not consumer fireworks as defined by state law. (Ord. 495 § 2, 2022).
8.24.030 Allowable times and locations of discharge of legal fireworks.
The discharge of consumer fireworks shall not be permitted except during the following times and locations unless duly authorized in advance by the Index town council:
(A) Times. Legal consumer fireworks may be discharged within the Index town limits only:
(1) Between the hours of nine a.m. and midnight on the 4th of July of any year.
(2) Between the hours of six p.m. on December 31st and one a.m. on January 1st of the subsequent year.
(B) Location. The discharge of consumer fireworks is prohibited in the following locations:
(1) In or upon any publicly owned property or public right-of-way including parks, streets, alleys, and arterials; provided, that the chief administrative officer of such property may issue written permits for discharge of consumer fireworks on such terms and conditions as shall be deemed necessary to protect the public, public property, and private property.
(2) Owners or residents of private property may use the apron (see definitions) directly in front of their private property, to discharge consumer fireworks; provided, that the fireworks are discharged by the owners, residents, or guests of said property.
(3) Within three hundred (300) feet of any hotel or lodging facility.
(4) Within or from any structure, vehicle, or vessel.
(5) In forest, fallows, grass or brush covered land. (Ord. 495 § 3, 2022).
8.24.040 Littering.
Any consumer fireworks discharged must not fall to the ground in a critical area or buffer, nor fall into the North Fork of the Skykomish River. The debris from discharged fireworks shall be properly disposed of. All persons discharging fireworks shall police the area in which such fireworks were discharged and pick up all litter resulting from such fireworks. All unfired and “dud” fireworks will be disposed of in a safe manner. Violation of this section shall be a violation under this chapter, and under county and state litter laws. (Ord. 495 § 4, 2022).
8.24.050 Prohibition during fire danger.
(A) The benchmark for determining fire danger level in the town of Index shall be the Washington State Department of Natural Resources fire danger rating in the Snohomish County fire danger rating area.
(B) When the fire danger level is “moderate,” the mayor may, after consulting with the Snohomish County Fire Marshal, Chief of Snohomish County Fire District 26 or other local fire authority, prohibit the discharge of all fireworks in town.
(C) When the fire danger level is “high” or greater, the mayor shall prohibit the discharge of all fireworks in town. (Ord. 495 § 5, 2022).
8.24.060 Restrictions and permits.
(A) Fireworks, including any composition or device designed to produce a visual or audible effect by combustion, deflagration, or detonation, and which meets the definition of articles of pyrotechnic or consumer fireworks or display fireworks under Chapter 70.77 RCW, shall not be manufactured, used, sold, or detonated within the town of Index except as follows:
(1) Flares for emergency operation;
(2) Signal devices to begin an athletic event or sport;
(3) Use by military organizations;
(4) Blank cartridges for show or theater;
(5) A public fireworks display permitted by the town of Index;
(6) The discharge of consumer fireworks at times and places specifically allowed in other provisions of this chapter. (Ord. 495 § 6, 2022).
8.24.070 Application for public fireworks display.
Applications for public fireworks displays shall be made on a form developed by the town. The town council will review and approve or disapprove the application based on the following information:
(A) Applicant’s Washington State pyrotechnic operator license.
(B) Site plan depicting name of applicant, date and location of display, location of structures, roads, critical areas and vegetation in the vicinity, location of fireworks to be discharged, including direction of shoot and fall out.
(C) Evidence of commercial general liability insurance with limits of not less than one million dollars ($1,000,000) with an endorsement showing the town of Index, its officers, elected officials and employees as additional insured.
(D) Report of investigation by local fire official to determine whether the character or location of the display as proposed would be hazardous to property or dangerous to any person, per RCW 70.77.280.
(E) Written permission of property owner to have fireworks display on property, if applicant is not the property owner.
(F) Payment of permit fee to be determined by town council. (Ord. 495 § 7, 2022).
8.24.080 Violations and penalties.
(A) Penalties for Violation.
(1) The first violation of any provision of this chapter within a one (1) year period shall be a civil infraction carrying a monetary penalty of two hundred fifty dollars ($250) plus statutory assessments. In cases where extenuating circumstances exist, or where cooperation is voluntary, prompt, and complete, the enforcing party shall have the discretion to issue a warning in lieu of a first-violation infraction.
(2) The second violation of any provision of this chapter within a one (1) year period shall be a civil infraction carrying a monetary penalty of five hundred dollars ($500) plus statutory assessments.
(3) A third or subsequent violation of any provision of this chapter within a one (1) year period shall constitute a criminal misdemeanor punishable by a fine of up to one thousand dollars ($1,000), and/or ninety (90) days in jail.
(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 used, discharged, or possessed in violation of this chapter or of relevant RCW provisions shall be subject to seizure by any police officer. (Ord. 495 § 8, 2022).
Prior legislation: Ords. 42 and 320.