Chapter 9.05
FIREWORKS

Sections:

9.05.010    Fireworks defined.

9.05.015    Sale, use and discharge of fireworks unlawful.

9.05.020    Sky lantern defined.

9.05.025    Sale and use of sky lanterns unlawful.

9.05.030    Permit required for public display.

9.05.035    Application for public display permit.

9.05.040    Inspection.

9.05.045    Issuance – Nontransferable – Voiding.

9.05.050    Penalties for violation.

9.05.010 Fireworks defined.

As used in this chapter, the term “fireworks” means all fireworks, special fireworks, common fireworks and pyrotechnics, as defined in Chapter 70.77 RCW. (Ord. 1068 § 2, 2020)

9.05.015 Sale, use and discharge of fireworks unlawful.

It is unlawful for any person to sell, use, transfer, discharge, ignite or explode any fireworks within the city of Langley; provided, that this prohibition shall not apply to the following activities, when authorized by a state license and city permit:

A.    Duly authorized public displays, as provided in RCW 70.77.260; and

B.    Duly authorized use by religious organizations or private organizations or persons for religious or other specific purposes on an approved date and in an approved location, as provided in RCW 70.77.311(2); and

C.    Special effects for entertainment media pursuant to RCW 70.77.535. (Ord. 1068 § 2, 2020)

9.05.020 Sky lantern defined.

As used in this chapter, the term “sky lantern” means an airborne lantern typically made of paper or other combustible material containing a candle, fuel cell composed of waxy flammable material or other open flame which serves as a heat source to heat the air inside the lantern to cause it to lift into the air. “Sky candles,” “fire balloons” and “airborne paper lanterns” are included as sky lanterns. (Ord. 1068 § 2, 2020)

9.05.025 Sale and use of sky lanterns unlawful.

It is unlawful for any person to sell, use, transfer, discharge or ignite any sky lantern within the city of Langley. (Ord. 1068 § 2, 2020)

9.05.030 Permit required for public display.

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. 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. The annual fee for a public display permit for the public display of fireworks shall be established by resolution and be payable to the city of Langley. (Ord. 1068 § 2, 2020)

9.05.035 Application for public display permit.

Applications for a permit to hold, conduct or operate a public display of fireworks shall be made to the fire chief at least 30 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 the standards for public display. (Ord. 1068 § 2, 2020)

9.05.040 Inspection.

After the discharge site has been completely set up, and prior to the display, the discharge site shall by inspected and approved by the fire chief or his designee. (Ord. 1068 § 2, 2020)

9.05.045 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. 1068 § 2, 2020)

9.05.050 Penalties for violation.

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 $50.00 for the first offense and $200.00 for second offense and for each offense within a three-year period. 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. (Ord. 1068 § 2, 2020)