Chapter 9.20
FIREWORKS
Sections:
9.20.020 Retail sale—Unlawful— Exception.
9.20.030 Supervised display—Authorized.
9.20.040 Permits—Issuance— Nontransferable—Bond required.
9.20.050 Use, sales of fireworks— Permitted.
9.20.070 Violation—Confiscation by Sheriff.
9.20.010 Definitions.
(1) For the purpose of this Chapter the term “Fireworks” shall mean and include:
(a) 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,
(b) Blank cartridges, toy pistols, toy cannons or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same,
(c) Fire crackers, torpedoes, skyrockets, roman candles, dago bombs, toy canes, aerial bombs, sparklers or other fireworks of like construction,
(d) Any fireworks containing any explosive or flammable compound, or any other tablets other than medicinal tablets, or other device containing any explosive substance hereinafter more specifically described;
(2) The term “fireworks” shall NOT include toy pistols, toy canes, toy guns, or other devices in which paper caps containing .25 grains or less of explosive compound are used, providing that they are so constructed that the hand cannot come in contact with the cap when in place for the explosion. (Ord. 15314 (part), 1994; Ord. 1082, 1950; 24 CJ 384)
9.20.020 Retail sale—Unlawful—Exception.
It shall be unlawful for any person, firm, co-partnership or corporation to offer for retail sale, expose for retail sale, sell at retail any fireworks as defined herein; except between June 15 and July 9 of any year and as hereinafter provided. (Ord. 15314 (part), 1994; Ord. 1082, 1950; 24 CJ 384)
9.20.030 Supervised display—Authorized.
The Sheriff of Skagit County is hereby authorized to issue permits for supervised display of fireworks or material listed in Section 9.20.010(2) by any person, firm copartnership or corporation in accordance with the provisions of this Chapter. (Ord. 15314 (part), 1994; Res. 1082, 1950; 24 CJ 384)
9.20.040 Permits—Issuance— Nontransferable—Bond required.
Application for permits shall be made in writing at least fifteen (15) days in advance of the date of display.
After such permit shall have been granted, sales, possession, use and distribution of fireworks or material listed in Section 9.20.010(2) for such display shall be lawful for that purpose only.
No permit granted hereunder shall be transferable.
The sheriff, before issuing any permits, shall require a bond as an indemnity against any damages which may be caused either to persons or property by reason of the display or arising from any acts of the licensee, his agents, employees or subcontractors. Said bond shall run to the County for the use and benefit of any person, firm, co-partnership, corporation or municipality having a cause of action against the obligor of said bond. (Res. 1082, 1950; 24 CJ 384)
9.20.050 Uses, sales of fireworks— Permitted.
(1) Use by railroads, other transportation agencies or utilities for signal purposes or illumination;
(2) Sale or use of blank cartridges for a show or theater; or
(3) For signal or ceremonial purposes in athletics or sports; or
(4) For use by military organizations or police agencies.
The sale of fireworks as defined herein by resident wholesalers, dealers, or jobbers at wholesale or retail is permitted provided the same are to be shipped directly out of state.
The Skagit County Board of Commissioners may, by resolution, limit the discharge of fireworks at any time based upon findings that fire danger exists due to dry weather conditions or other justification. (Ord. 14375, 1992: Res. 1082, 1950; 24 CJ 384)
9.20.060 Violation—Penalty.
Any violation of this Chapter shall constitute a misdemeanor and shall be punishable by a fine not exceeding one hundred dollars ($100.00), or confinement in the Skagit County jail not to exceed thirty (30) days, or both. (Ord. 2272, § 3, 1957; 28 CJ 152)
9.20.070 Violation—Confiscation by Sheriff.
The Sheriff shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks as defined in Section 9.20.010 offered or exposed for sale in violation of this Chapter. (Ord. 2272, § 4, 1957; 28 CJ 152)
9.20.080 Jurisdiction.
This Chapter shall apply only to those areas in Skagit County lying outside of the incorporated cities and towns therein.
9.20.090 Severance.
If any section, clause or sentence of this Chapter shall be held unconstitutional or invalid, such decision shall not affect the validity of the remaining provisions of this Chapter. (Ord. 2272, § 6, 1957; 28 CJ 152)