Chapter 8.18


8.18.010    Intent.

8.18.020    Prohibited acts.

8.18.030    Seizure of fireworks.

8.18.010 Intent.

It is the intent of this chapter to establish rules governing the discharge (excluding public displays of fireworks in accordance with Chapter 8.17 EMC) and manufacture of fireworks within the town. (Ord. 2011-01 § 11, 2011).

8.18.020 Prohibited acts.

A. The discharge of fireworks within the town of Eatonville is prohibited except as follows:

1. Consumer fireworks as defined in RCW 70.77.136 may be discharged on the following dates during the times indicated:

a. July 3: 12:00 p.m. – 11:00 p.m.

b. July 4: 12:00 p.m. – 11:00 p.m.

c. December 31st 6:00 p.m. – January 1st 1:00 a.m.

2. Public displays of fireworks conforming to all state laws with the approval of the Eatonville fire chief.

B. Consumer fireworks shall not be discharged on public property or within public rights-of-way including but not limited to parks, streets, or sidewalks. Consumer fireworks shall also not be discharged in areas where dry unmaintained vegetation exists during periods when the Washington State Department of Natural Resources indicates that the fire hazard for Pierce County is moderate, high, or very high/extreme. Dry unmaintained vegetation is defined to mean wooded areas and grassy areas where the length of grass is in excess of an average of 12 inches.

C. Any discharge of fireworks identified as prohibited in subsections A through C of this section is a class one civil infraction and, upon a finding that a violation has been committed, the person committing the act or, in the event of a minor, their parent(s) or legal guardian(s) shall be assessed as follows:

1. First offense: $100.00.

2. Second offense: $250.00.

3. Additional offenses: $250.00.

Such penalty is in addition to any other remedies or penalties specifically provided by law. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense. “Civil infraction” has the meaning given that term by Chapter 7.80 RCW, the Infraction Rules for Courts of Limited Jurisdiction (“IRLJ”) and any local rule adopted thereto by the Eatonville municipal court.

D. The manufacture of fireworks within the town is prohibited. Violation of this subsection is a misdemeanor, punishable by 90 days in jail, a $1,000 fine, or both such fine and imprisonment. (Ord. 2011-01 § 12, 2011).

8.18.030 Seizure of fireworks.

The police chief or his/her designee may seize, remove, or cause to be removed, at the expense of the owner, all fireworks manufactured or used in violation of this chapter.

A. Any person whose fireworks are seized under this chapter may, within 10 days after such seizure, petition the chief in writing to return the fireworks upon the grounds that they were illegally or erroneously seized. Such petitions shall be considered by the chief within 15 days after filing and an oral hearing granted to the petitioner, if requested. The decision of the chief shall be provided in writing to the petitioner. The chief may order the fireworks seized under this chapter, disposed of, or returned to the petitioner if illegally or erroneously seized, if such return is in compliance with state law or this chapter.

B. The determination of the chief is final unless, within 60 days, an appeal of the seizure is made to the town council of the town. The decision of the town council shall be final.

C. Fireworks which are illegal for use and possession in this state shall be turned over to the State Fire Marshal for destruction. (Ord. 2011-01 § 12, 2011).