10.24.130 - FIREWORKS PROHIBITED
A. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: 1. "Firecracker" or "salute" means a small paper-wrapped or cardboard tube containing not more than fifty milligrams of pyrotechnic composition. Upon ignition, noise and a flash of light is produced. External dimensions shall not exceed one and 1/2" in length or 1/4" in diameter. 2. "Chaser" means a small paper or cardboard tube that travels along the ground upon ignition. A whistling effect or other noise is often produced. The explosive composition used to create the noise may not exceed 50 milligrams. 3. "Sky rocket" means a tube not exceeding 1/2" (12.5 millimeters) inside diameter that may contain up to 20 grams of pyrotechnic composition. Sky rockets contain a wooden stick for guidance and stability and rise into the air upon ignition. A burst of color or noise or both is produced at the height of flight. 4. "Missile-type rocket" means a device similar to a sky rocket in size, composition and effect that uses fins rather than a stick for guidance and stability. 5. "Mortar-type firework" means a device including a shell or shells, typically round or cylindrical, that is launched by a lift charge and uses a mortar tube. 6. "Consumer fireworks" means any small firework device 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 containing UN0336 by the United States Department of Transportation at 49 C.F.R. Sec. 172.101 as of the effective date of this section, and not including fused setpieces containing components which together exceed 50 mg of salute powder. Consumer fireworks include, but are not limited to, fireworks devices commonly known as the following: sparklers, morning glory, ground spinners, multi aerials, helicopters, parachutes, cone and fountains, roman candles, wheels, novelties, snakes, cakes and smoke devices. B. Whether permitted by state law or not, the manufacture, storage, transportation (except in interstate commerce), sale at wholesale or retail, possession or discharge of firecrackers, salutes, chasers, sky rockets and missile-type rockets and mortar-type fireworks is prohibited in the city, except as allowed by this chapter. C. The authority to issue permits under this chapter and RCW Chapter 70.77, as the same may from time to time be amended, is delegated to the Chief of the Fire Department or his designee. Procedures relating to such permits issued shall comport with the Uniform Fire Code except as necessary to implement the specific provisions of this section. D. The following activities, as the same are more fully described in RCW Chapter 70.77, are exempt from the provisions of this chapter: 1. Public or private displays of display fireworks; 2. Use of fireworks by religious organizations for ceremonial purposes; 3. Agricultural or wildlife fireworks; and 4. Pyrotechnics for the entertainment media. E. The Fire Chief has the authority to issue permits allowing public or private displays of display fireworks for the days of July 4, December 31, and January 1. The Fire Chief may also consider petitions requesting authorizattion of professional displays of fireworks by exception on days other than those listed above. Such petitions may be approved by the Fire Chief at his sole discretion. F. Notwithstanding any provision of state law, it shall be unlawful to use or discharge consumer fireworks at any time except for the following: On July 4th between the hours of nine 9'clock a.m. and twelve o'clock midnight, and from six o'clock p.m. on December 31st until one o'clock a.m. on January 1st of the subsequent year. Nothing in this paragraph shall be construed to permit the use or discharge of firecrackers, salutes, chasers, sky rockets, missile-type rockets, or mortar-type fireworks at any time except pursuant to a valid permit issued by the Fire Chief for a public or private display of display fireworks. G. Notwithstanding any provision of state law, it shall be unlawful to sell or purchase consumer fireworks at any time except for the following: From twelve o'clock noon to eleven o'clock p.m. on the twenty-eighth of June, from nine o'clock a.m. to eleven o'clock p.m. on each day from the twenty-ninth of June through the fourth of July, and from twelve o'clock noon to eleven o'clock p.m. on each day from the twenty-seventh of December through the thirty-first of December of each year. H. Any person or organization that sells consumer fireworks within the City limits shall prominently display a sign or signs designed and produced by the Fire Chief to inform the public of the times and dates for which the use or discharge of consumer fireworks is permitted. I. It shall be unlawful to manufacture, store, sell, possess, use of discharge any consumer fireworks on any property owned by the City of Bellingham. This paragraph shall not be construed to apply to City rights-of-way. J. It shall be unlawful to knowingly throw or discharge any fireworks from or towards a motor vehicle. K. A violation of this section is a misdemeanor, except as otherwise provided by RCW 70.77. [Ord. 2005-09-074; Ord. 2002-06-040 §1; Ord. 10912 §12, 1997]
