Chapter 9.30 FIREWORKS

A. Federal law comprehensively regulates fireworks safety. Tribal laws are needed to govern licensing, taxation, safety, operations of sales by individuals, and other regulatory matters.

B. The Confederated Tribes of the Chehalis Reservation exercises its sovereign power of self-government in enacting this chapter. [Res. 2011-047. Prior code § 6.5.1.010.]

9.30.020 Purposes.

The purposes of this chapter are:

A. To prevent sales of fireworks in the Tribe’s jurisdiction that do not meet applicable safety standards;

B. To regulate the sale of fireworks within the jurisdiction of the Confederated Tribes of the Chehalis Reservation;

C. To generate revenue for services the Chehalis Tribal government provides;

D. To promote the safety and welfare of all persons within the jurisdiction of the Confederated Tribes of the Chehalis Reservation by regulating the conduct of business in that jurisdiction. [Res. 2016-17; Res. 2011-047. Prior code § 6.5.1.020.]

9.30.030 Definitions.

For the purposes of this chapter:

“Child/children” means any individual natural, adopted, or step child.

“Committee” and “Fireworks Committee” mean the Chehalis Fireworks Committee as constituted under this chapter.

“Enterprise” means the Chehalis Fireworks Enterprise as established under this chapter.

“Fireworks” means any combustible or explosive composition or any substance or combination of substances, or article, exclusively prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and shall include blank cartridges, firecrackers, torpedoes, skyrockets, roman candles, aerial bombs, sparklers, or other fireworks of like construction and any fireworks containing medicinal tablets, or other device containing any explosive substance, but not including firearms.

“Helper(s)” means any person holding a valid helper’s permit.

“Law enforcement” means any person employed or otherwise authorized by the Confederated Tribes of the Chehalis Reservation to act as a Tribal law enforcement officer.

“Outlet” means any physical structure from which fireworks are being sold or used as wholesale inventory storage. [Res. 2016-17; Res. 2011-047. Prior code § 6.5.1.030.]

9.30.040 Chehalis Tribal Fireworks Committee.

The General Council shall appoint a Fireworks Committee composed of five members. The term of office shall be one year. The Committee is responsible for administering and enforcing this chapter. The Committee shall meet at least once a month or as deemed necessary. Meetings shall be open to the members of the General Council. The Committee shall keep thorough records of all permits, purchase orders, and such other information as is necessary to implement this chapter. These records shall be available for inspection by the Council and Tribal members. The Committee may appoint a chairman and secretary/treasurer. The Committee may delegate any of its responsibilities to these officers. [Res. 2011-047. Prior code § 6.5.1.040.]

9.30.050 Tribal permit required.

A. Permit Required. No commercial sale of fireworks shall be made within the jurisdiction of the Tribe, except by persons holding a valid Tribal fireworks permit and their helpers.

B. Retail Permit. Any person who is a member of the Tribe and who is at least 18 years of age may apply to the Fireworks Committee for one permit to sell fireworks. The application must be submitted in writing and processed by the Tribe’s Accounting Department prior to the date the stand owner wishes to sell. The Committee shall receive a signed statement from the applicant that she/he has received a copy of this chapter and all Tribal fireworks regulations, that she/he understands them, and will comply fully. Permits shall be issued for a specified location. The Committee’s action shall be final.

C. Helper’s Permit. Any person who receives a retail or wholesale permit may be assisted in selling fireworks by an assistant who shall first obtain and possess a valid helper permit. The application process for the helper permit shall be the same as for a retail permit. A helper permit shall only be valid at one outlet, as designated on the permit. All wholesalers must submit a list of all helper’s permits obtained for their wholesale location to law enforcement prior to that helper commencing sales assistance. Types of helper permits available:

1. A minor’s helper permit shall be issued to Tribal member children, or Chehalis Tribal members age 14 and above.

2. An adult helper permit shall be issued to Tribal members 18 years or older and to legally married spouse of the stand owner, or 18 years or older and a child of the stand owner.

D. Wholesale Permit. No person shall operate a wholesale fireworks business within the jurisdiction of the Confederated Tribes of the Chehalis Reservation without having obtained and being in possession of a wholesale permit issued by the Fireworks Committee.

E. Permit Fees. The following permit fees must accompany any application for a Tribal fireworks permit:


Retail permit – General	$125.00 per outlet
Helper’s permit	Free for the first permit, $5.00 for additional permit(s) per outlet
Wholesaler’s permit	$750.00
Wholesaler’s helper permits	Free for the first permit, $25.00 for additional permit(s) per outlet

The fee shall be paid to the Tribe’s Accounting Department. The Accounting Department shall issue a receipt for the permit fee paid and shall forward a report of all fees to the Committee.

F. Permit to Be Posted. The permit shall be conspicuously posted at the sales outlet.

G. Permit Denial for Back Taxes, Etc. A permit shall not be issued if the person’s permit is under suspension by the Court, if the person has not paid in full any fine or otherwise failed to comply with any court order relating to this chapter or if his or her mental or physical condition or his or her past behavior is such that a substantial danger would exist if she/he were allowed to sell fireworks.

H. Authorized Assistants. The person receiving the permit may only be assisted in outlet operations by persons who have obtained and are in possession of a helper’s permit, as required under subsection C of this section.

I. Permit Expiration. Permits will automatically expire on May 31st of the following year regardless of the purchase date and will be deemed valid only during the sales seasons set by this chapter. [Res. 2016-17; Res. 2011-047. Prior code § 6.5.1.050.]

9.30.060 Tribal fireworks outlets.

A. In addition to issuing individual fireworks permits, the Committee may authorize the operation of one or more outlets wholly owned and operated by the Tribe. The Committee shall issue a permit for each Tribal outlet to be operated.

B. The Tribal fireworks outlets shall be operated by a manager who shall be appointed by the Committee and compensated at a rate set by the Committee. The manager must be an enrolled member of the Tribe. The manager may employ as many persons as are needed for operation of the outlets.

C. Revenues from sales at Tribal fireworks outlets shall be used first for paying the wages and business expenses of persons employed at the outlets, for purchasing and maintaining property and services required for operation of the outlets, for purchasing products to be sold at the outlets, and for other expenses of operation. All remaining revenues shall be declared surplus and deposited in the Tribal general fund. [Res. 2016-17; Res. 2011-047. Prior code § 6.5.1.060.]

9.30.070 Sales restricted.

A. Fireworks sales may only occur from June 1st through July 10th and from December 26th through January 2nd each year.

B. No person shall sell fireworks between the hours of 12:01 a.m. and 5:59 a.m.

C. Sell Out. No one shall sell out at reduced prices before July 5th.

D. Family packs, rocket packs, and firecracker packs cannot be sold under the suggested retail as shown on the Fireworks Committee price list. Any new packs not identified on the Fireworks Committee price list must be priced by the Fireworks Committee before they may be sold. Any person wishing to sell new packs that are not on the price list must contact the Fireworks Committee for pricing.

E. Any person who is found selling below the prices listed and posted or at reduced (sell out) prices before July 5th shall be subject to immediate closure of their stands and seizure of their fireworks by law enforcement. [Res. 2016-17; Res. 2011-047. Prior code § 6.5.1.070.]

9.30.080 Operation of fireworks outlets.

A. No person shall sell fireworks within the jurisdiction of the Chehalis Tribe unless the fireworks comply with Federal fireworks regulations. The regulations of the United States Consumer Product Safety Commission, 16 C.F.R. 1500 et seq., as they may be amended, are hereby incorporated by reference as part of this chapter.

B. No person shall sell fireworks from any motor vehicle or other location that would present a clear fire hazard.

C. No person shall sell fireworks unless there is at least one fire extinguisher, with current validation of inspection, readily accessible within the outlet. The fire extinguisher shall have at least 10 pounds of dry chemical or the equivalent.

D. Voice amplifiers shall not be used in connection with the sales of fireworks.

E. No person shall discharge fireworks within 100 feet of an outlet.

F. No person shall smoke in or within 30 feet of an outlet or any place in which fireworks are stored. No person shall cause an open flame, including lighters, lanterns, and gas or kerosene powered generators to be within 30 feet of an outlet. Signs shall be posted at each outlet advising the public that smoking, open flames, and discharge of fireworks are not permitted in the area.

G. No person shall sell fireworks in any place that does not have at least two walls, and a roof, and exits. No person shall sell fireworks in any outlet that exceeds 16 feet in length or exceeds 10 feet in width. There must be a minimum of six feet between each retail stand.

H. All structures, vehicles, and fireworks sales may not take place less than 30 feet from the centerline of any road.

I. No person shall sell fireworks in any place that does not have immediate access to running water or to a container(s) filled with at least 30 gallons of water with a bucket, or at least three pressurized containers filled with 10 gallons of water.

J. No person shall allow any person under the age of 14 years in his or her outlet. Authorized assistants who are at least 14 years of age but under the age of 17 years shall not sell fireworks unless an authorized adult is present in the outlet.

K. No person shall be present within an outlet who does not possess a valid permit.

L. No person shall stand in, along, or within 100 yards of the centerline of a roadway for the purpose of flagging to attract customers. Each outlet must only sell fireworks from their outlet. Outlets cannot use extreme displays of light, sound, or peripherals to attract customers.

M. No person shall sell or possess fireworks while under the influence of alcohol or illegal drugs.

N. No person shall sell fireworks when any alcohol or illegal drugs are present within the outlet.

O. No person shall sell fireworks in a residence or within 30 feet of a residence.

P. Harassment. No owners, helpers, or anyone directly or indirectly involved with the outlets may harass, solicit, or interfere with sales of other outlets.

Q. Supervision of Children Near Fireworks Outlet. Anyone who is not an outlet owner/permit holder or helper cannot be inside any outlet or handle any retail fireworks during operating hours. If a permit holder is 14 to 16 years old, they must be supervised at all times by an adult.

R. Lighting Fireworks. Fireworks may not be lit on any roads. This includes all major roads, due to the increase of traffic on the Reservation. [Res. 2016-17; Res. 2011-047. Prior code § 6.5.1.080.]

9.30.090 Outlets on Tribal land.

A. Permit holders may sell fireworks on Tribal land subject to this chapter and subject to restrictions placed on such sales by the Business Committee.

B. Wholesalers regulated include all wholesalers selling or storing inventory within the jurisdiction of the Tribe.

C. Wholesalers may only sell to Tribal persons with a valid Tribal retail sales permit. Wholesalers may sell to non-Chehalis Indians but must verify tribal membership and, when applicable, verify the purchaser’s retail sales permit issued from any tribe.

D. Wholesalers may not engage in nonwholesale retail transactions at their wholesale location. [Res. 2016-17; Res. 2011-047. Prior code § 6.5.1.090.]

9.30.100 Restrictions on signs.

No person shall fail to comply with any of the following requirements for the use of fireworks advertising signs:

A. No sign shall be located within 30 feet from the centerline of any roadway;

B. All signs must be removed by midnight on July 20th and January 20th of each year;

C. No person shall interfere with another person’s signs; and

D. No person shall post a sign on any property unless he or she has prior permission. [Res. 2011-047. Prior code § 6.5.1.100.]

9.30.110 Wholesale distribution of fireworks may be restricted.

No person shall buy fireworks within the Tribe’s jurisdiction from a wholesale vendor unless such vendor possesses a valid wholesale fireworks permit from the Confederated Tribes of the Chehalis Reservation. [Res. 2016-17; Res. 2011-047. Prior code § 6.5.1.110.]

9.30.120 Inspections.

A. Prior to the commencement of each fireworks sales season, in both June and December, a Committee member and law enforcement officer shall inspect sales outlets to ensure the ready availability of a fire extinguisher and compliance with other Tribal fireworks laws. A follow-up inspection will be conducted if the outlet didn’t pass the first inspection. A copy of the inspection shall be given to the permittee by the Committee. Additional inspections may be made at the discretion of the Committee.

B. No person shall fail to fully cooperate with the inspectors, so long as an inspection is made at a reasonable hour and under reasonable conditions.

C. No person shall sell fireworks unless he or she has passed an inspection under this section, has paid the appropriate permit fee, and has posted his or her valid permit in the outlet.

D. No inspection shall be conducted without a valid application approved and signed by the Tribe’s Accounting Department. [Res. 2011-047. Prior code § 6.5.1.120.]

9.30.130 Revenue appropriated.

Revenue from fireworks permits and from fireworks fines shall separately be accounted for by the Chehalis Tribe’s Accounting Department and shall be used for the benefit of the Reservation and Tribal community. [Res. 2011-047. Prior code § 6.5.1.130.]

9.30.140 Enforcement – Generally.

The enforcement of this chapter shall be by means of civil penalties which are intended to compensate the Tribe for the harm to the community safety and welfare that occurs when fireworks sales are conducted contrary to this chapter. All applicable provisions of the laws of the Chehalis Tribe, including exclusion and the criminal code, apply to the sale of fireworks and related activities. [Res. 2016-17; Res. 2011-047. Prior code § 6.5.1.140.]

9.30.150 Authority of enforcement officers.

Chehalis Tribal law enforcement officers shall have authority to enforce this chapter including but not limited to the following duties:

A. To perform inspections required under this chapter and any additional inspections conducted for the purpose of protecting the safety of any person or of the community generally;

B. To issue notices of civil infractions for violations of this chapter;

C. To confiscate fireworks that violate this chapter or which are being used, sold or are possessed in violation of this chapter. [Res. 2016-17; Res. 2011-047. Prior code § 6.5.1.150.]

9.30.160 Notice of civil infraction.

A Chehalis Tribal law enforcement officer has the authority to issue a notice of civil infraction:

A. When it occurs in the officer’s presence; and

B. When an officer investigating a report of a civil infraction finds reasonable cause to believe a civil infraction has been committed. [Res. 2011-047. Prior code § 6.5.1.160.]

9.30.170 Response options for civil infractions.

A person may respond to a notice of civil infraction in one of the following ways:

A. Pay the Fine. The fine shall be paid in person or by mail to the Chehalis Tribe on or before the day of the initial hearing. The Court shall then enter a judgment that the person committed the civil infraction. This option is not available when a mandatory appearance is required for a particular infraction.

B. Request a hearing by the Tribal Court. [Res. 2016-17; Res. 2011-047. Prior code § 6.5.1.170.]

9.30.180 Failure to respond.

If a person fails to respond to a notice of civil infraction as required in CTC 9.30.170, the Court shall enter an order finding that the person committed the civil infraction and assess the appropriate fine. The Court may enforce the order through its contempt powers. [Res. 2011-047. Prior code § 6.5.1.180.]

9.30.190 Order of Court.

All orders entered by the Court under this chapter are civil in nature. The Court may, in its discretion, waive, reduce, or suspend the fine unless the fine is mandatory. [Res. 2011-047. Prior code § 6.5.1.190.]

9.30.200 Violations.

A. Failure to Obtain Permit. Any person who engages in the sale of fireworks without having obtained and conspicuously displayed a permit as required under CTC 9.30.050 has committed a civil infraction and shall pay a mandatory fine equal to the cost of the appropriate permit and shall forfeit all of his or her fireworks. A court appearance is mandatory. Payment of the fine does not relieve the person of the requirement of purchasing a permit prior to further fireworks sales.

B. Refusal to Comply with Other Sections. Any person who shall fail to fully cooperate with any lawful inspection under this chapter has committed a civil infraction and shall pay a mandatory fine of $50.00 for a first violation and mandatory fine of $100.00 for all subsequent violations. In addition, the Court shall suspend the person’s permit until he or she demonstrates compliance with an inspection. A court appearance is mandatory.

C. Violations. Violations will result in automatic closure and seizure of fireworks. If a stand is closed due to a violation of the fireworks ordinance, the outlet owner’s permit will be suspended for the following two years. Fireworks that are seized shall be forfeited to the Tribe and disposed of according to the provisions of this chapter. [Res. 2016-17; Res. 2011-047. Prior code § 6.5.1.200.]

9.30.210 Accumulation of infractions.

First, second, and subsequent violations shall accumulate for one year from the date the first violation was committed. After one year the person shall have a “clean slate.” If an enforcement officer issues more than one notice of infraction to one person on any one day, the additional infractions will not be considered “subsequent” infractions for purposes of assessing fines. [Res. 2011-047. Prior code § 6.5.1.210.]

9.30.220 Confiscation of illegal fireworks.

Tribal law enforcement shall have the power to confiscate: all fireworks that are sold or offered for sale outside the dates authorized for fireworks sales under this chapter; all fireworks that are sold or offered for sale without proper permits having first been obtained; all fireworks under the control of any person who violates this chapter; and any fireworks that are prohibited under this chapter or that are being used, sold, or possessed contrary to this chapter. [Res. 2016-17; Res. 2011-047. Prior code § 6.5.1.220.]

9.30.230 Disposition of confiscated fireworks.

Tribal law enforcement shall inventory and store all confiscated fireworks in a secure place. The Court shall order forfeiture of fireworks properly confiscated in accordance with this chapter after notice and opportunity for a hearing. Such fireworks may be sold at auction by Tribal law enforcement, in cooperation with the Fireworks Committee, for the benefit of the Tribe. The Court shall expedite forfeiture proceedings under this chapter to protect law enforcement from the hazards of storing fireworks. The Court shall order any fireworks seized that are illegal or otherwise not able to be sold to be disposed of in a safe manner as determined by law enforcement. [Res. 2016-17; Res. 2011-047. Prior code § 6.5.1.230.]