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ORDINANCE NO. 5 9 4 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTION
8.24.030 OF THE AUBURN CITY CODE RELATING TO
FIREWORKS
WHEREAS, the current provisions of the Auburn City Code have regulations that
deal with those types of fireworks that may be legally purchased and discharged within
the City, as well as an identification of those that are illegal for such purposes; and
WHEREAS, the provisions of the City Code also address the authority of the
police and Fire Marshall to seize and forfeit fireworks that are being purchased, sold
and possessed illegally; and
WHEREAS, in order to clarify some issues with respect to the prohibited conduct,
it is appropriate that possession be specified more clearly in the prohibitions, in addition
to its reference in the language dealing with seizure and forfeiture.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That section 8.24.030 of the
Auburn City Code is amended to read as follows:
8.24.030 Restrictions and permits.
A. The following fireworks shall not be manufactured, possessed,
used or detonated within the city of Auburn, Washington:
Any device that will produce a visual and/or audible effect when exploded
and/or detonated by combustion, except as follows:
Ai. Flares for emergency operation.
gg. Signal device to begin an athletic event or sport.
G~. Use by military organizations.
Q1. Blank cartridges for show or theater.
EQ. A permitted fireworks display.
~Q. Where authorized by federal law within the Muckleshoot Indian
Reservation.
Ordinance No. 5945
September 14, 2005
Page 1
7. Such fireworks may be possessed within the City of Auburn while in
transit throuqh the City of Auburn from a location where their purchase and
possession is lawful to a location where their possession and use is lawful.
provided that such transit to and from such locations is continuous and
uninterrupted while in the City of Auburn. and such transit is in a vehicle in which
such transit can be safely accomplished and such transit while throuqh the City
of Auburn is on state hiQhways only (SR-18, SR-164, SR-167), and further
provided that the transit is in conformity with all leqal requirements for such
transit.
G!!. The following types of fireworks are accoptodable to be
manufactured, possessed, used or detonated within the city of Auburn,
WashinQton:
1. Sparkler: stick or wire coated with pyrotechnic composition that
produces a shower of sparks upon ignition.
2. Cylindrical fountain: cylindrical tubes containing pyrotechnic
composition. Upon ignition, a shower of colored sparks and sometimes a
whistling effect is produced. This device may be provided with a spike for
insertion into the ground (spike fountain), a wood or plastic base for placing on
the ground (base fountain), or a wood or cardboard handle if intended to be
hand-held (handle fountain).
3. Cone fountain: cardboard or heavy paper cone containing
pyrotechnic composition. The effect is the same as that of a cylindrical fountain.
4. Illuminating torch: cylindrical tube containing pyrotechnic
composition. Upon ignition, colored fire is produced. May be spike, base or hand-
held.
5. Wheel: pyrotechnic device attached to a post or tree by means of a
nail or string. Each wheel may contain up to six driver units containing
pyrotechnic composition. Upon ignition, the wheel revolves producing a shower
of color and sparks and sometimes a whistling effect.
6. Ground spinner: small device similar to a wheel in design and
effect, placed on the ground and ignited. A shower of sparks and color is
produced by the rapidly spinning device.
7. Flitter sparkler: narrow paper tube containing pyrotechnic
composition which produces color and sparks upon ignition. This device does not
have a fuse for ignition. The paper at one end of the tube is ignited to make the
device function.
8. Smoke device: tube or sphere containing pyrotechnic composition
which, upon ignition, produces white or colored smoke as the primary effect.
FlC. Permit for Display of Fireworks. A permit for display of fireworks
may be issued by the fire chief under the provisions as set forth in ACC 8.24.040.
(Ord. 5679 S 1,2002; Ord. 5385 S 5, 2000.)
Ordinance No. 5945
September 14, 2005
Page 2
Section 2. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 3. Severabilitv. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 4. Effective date.
This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
DATED and SIGNED this n'+\'aay of 'Oc.Jpb~Y
,2005.
OCT 1 7 2005
OCT 1 7 2005
OCT 1 7 2005
INTRODUCED:
PASSED:
APPROVED:
ATTEST:
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. Ie E. Daskam, City Clerk
APPR,0\tED A.&rofORM: /
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DamelB. I-'teid, City Attofl\ey
PUBLICATION /tJo!-( Z 0175"
Ordinance No. 5945
September 14, 2005
Page 3