A. The city incorporates by this reference the definitions set forth in the state fireworks law, Chapter 70.77 RCW, as now enacted or hereafter amended.
B. Except as otherwise provided in this chapter, no person may:
1. Manufacture, import, possess, or sell fireworks at wholesale or retail for any use;
2. Make a public display of fireworks; or
3. Transport fireworks, except as a licensee or as a public carrier delivering to a licensee.
C. Any person desiring to make a public display of fireworks shall apply in writing to the chief of the fire department at least 10 days in advance of the proposed display. The applicant shall submit all of the information and evidence required by WAC 212-17-270. The chief or chief’s designee shall determine whether the applicant meets the minimum criteria set forth in the state fireworks law and the related provisions of the Washington Administrative Code for issuance of a permit and whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. No permits shall be granted for public displays of fireworks within the Lake Whatcom watershed. The fire chief shall have the authority to grant or deny the application in the interests of public safety.
D. Trick or novelty devices that are not classified as consumer fireworks may be sold, possessed, or used within the city.
E. Any fireworks which are illegally sold, offered for sale, used, discharged, possessed, or transported in violation of the provisions of this chapter or the rules or regulations of the Chief of the Washington State Patrol, through the director of fire protection, are subject to immediate seizure by the city. The procedural rules regarding forfeiture and disposal set forth in the state fireworks law shall apply.
F. If any provision of this section or its application to any person or circumstance is held invalid, the remainder of the section or the application of the provision to other persons or circumstances is not affected.
G. Any person who possesses, discharges, or otherwise uses consumer fireworks in the city shall be guilty of a civil infraction and subject to a civil penalty not to exceed $1,000. The minimum civil penalty shall be $250.00.
Any other violation of this section shall be a gross misdemeanor. [Ord. 2013-06-043 §§ 1 – 8, 10; Ord. 2005-09-074; Ord. 2002-06-040 § 1; Ord. 10912 § 12, 1997].