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A. Fireworks Restrictions. Fireworks and/or any device that will produce a visual and/or audible effect when exploded and/or detonated by combustion shall not be manufactured, possessed, used or detonated within the city of Auburn, Washington, except as follows:

1. Flares for emergency operation.

2. Signal device to begin an athletic event or sport.

3. Use by military organizations.

4. Blank cartridges for show or theater.

5. A permitted fireworks display.

6. Where authorized by federal law within the Muckleshoot Indian Reservation.

7. Such fireworks may be possessed within the city of Auburn while in transit through 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 through the city of Auburn is on state highways only (SR-18, SR-164, SR-167); and further provided, that the transit is in conformity with all legal requirements for such transit.

B. Violation – Penalty. A first conviction for violating subsection A of this section is a civil infraction with a maximum penalty of $250.00. A second conviction for violating subsection A of this section is a civil infraction with a maximum penalty of $500.00 if the violations occurred within a 365-day period. A third or subsequent conviction is a misdemeanor punishable by a maximum penalty of 90 days in jail and/or a $1,000 fine if the violations occurred within a 365-day period.

C. Exceptions. Excluding in parks, as defined in Chapter 2.22 ACC, the following types of fireworks are able to be manufactured, possessed, used or detonated within the city of Auburn, Washington:

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.

D. 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.

E. Reckless Discharge or Use of Fireworks – Penalty. Any person who uses or discharges fireworks in a reckless manner that creates a substantial risk of death or serious physical injury to another person or damage to the property of another is guilty of a gross misdemeanor punishable by a maximum penalty of 364 days in jail and/or a $5,000 fine. Upon conviction, the sentencing court may order restitution for any property damage or loss caused by the offense. (Ord. 6762 § 1 (Exh. A), 2020; Ord. 5945 § 1, 2005; Ord. 5679 § 1, 2002; Ord. 5385 § 5, 2000.)