NOTE:
A recently adopted City-wide fireworks ban will go into effect on June 18th, 2014. For more information regarding this ban, go to the "NEW Fireworks Ban" Page.
I. NOISE AND CONSUMER FIREWORKS:BMC 10.24.120 is Bellingham's Noise Ordinance. It prohibits "frequent, repetitive or continuous" noise from many specific sources, but does not include - or exempt - fireworks - as a source of noise disturbance. This ordinance obviously requires revision to recognize that some types of consumer fireworks can be the source of "frequent, repetitive or continuous" noise.
II. WASHINGTON STATE REQUIREMENTS:
RCW 70.77 (http://apps.leg.wa.gov/rcw/default.aspx?cite=70.77) is the Fireworks Law in Washington State. Important sections of the law include:
- RCW 70.77.126 provides a definition of "fireworks".
- RCW 70.77.136 provides a definition of "consumer fireworks".
- RCW 70.77.395 sets State-wide requirements for when the sales and use of consumer fireworks can take place. It also provides for local governments (i.e., the City of Bellingham) to ban and/or further restrict the sales, possession and use of consumer fireworks within their juristictions.
- RCW 70.77.401 designates what consumer fireworks are not to be sold within the State.
Bellingham's Fireworks Ordinance (BMC 10.24.130) is ONLY MINIMALLY MORE restrictive than the Washington State Law (RCW 70.77):
- While legal sales are allowed for 8-days during June and July by RCW 70.77.395, BMC 10.24.130 prohibits sales in Bellingham on the 5th of July, a restriction of just a SINGLE day!
- Actual use during June and July is reduced in Bellingham by BMC 10.24.130, from the 8-days allowed by RCW 70.77.395, to ONLY on the 4th of July!
- BMC 10.24.130 does further restrict the types of consumer fireworks allowed by RCW 70.77.136 and prohibited by RCW 70.77.401.
