Chapter 8.24
FIREWORKS1

Sections:

8.24.010    Definitions.

8.24.020    Illegal fireworks.

8.24.030    Allowable times and locations of discharge of legal fireworks.

8.24.040    Littering.

8.24.050    Prohibition during extreme fire danger.

8.24.060    Restrictions and permits.

8.24.070    Application for public/private 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 50 mg or less of explosive materials and aerial devices containing 130 mg or less of explosive materials and classified as fireworks UNO336 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 50 mg of salute powder. (Ord. 399 § 1, 2008).

8.24.020 Illegal fireworks.

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. (Ord. 399 § 2, 2008).

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 Fourth 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 including parks, streets, and arterials; provided, that the chief administrative officer of publicly owned 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 definition in Section 8.24.010) 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. (Ord. 399 § 3, 2008).

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 within a two hundred (200) foot radius. 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. 399 § 4, 2008).

8.24.050 Prohibition during extreme fire danger.

During periods of extreme fire danger the discharge of all fireworks may be prohibited. Such prohibition may be issued by the Snohomish County fire marshal, Snohomish County Fire Protection District No. 28, District No. 28 fire chief, the mayor of Index, or their designee. (Ord. 399 § 5, 2008).

8.24.060 Restrictions and permits.

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:

(A) Flares for emergency operation;

(B) Signal devices to begin an athletic event or sport;

(C) Use by military organizations;

(D) Blank cartridges for show or theater;

(E) A public fireworks display permitted in accordance with the town of Index special events regulation. (Ord. 399 § 6, 2008).

8.24.070 Application for public/private fireworks display.

Applications for public and/or private displays shall be applied for through the town of Index special events checklist process. (Ord. 399 § 7, 2008).

8.24.080 Violations and penalties.

(A) Punishment for Violations.

(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 fifty dollars ($50.00) plus statutory assessments.

(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 one hundred dollars ($100.00) 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 state RCWs shall be subject to seizure by any police officer. (Ord. 399 § 8, 2008).


1

Prior legislation: Ords. 42 and 320.