Chapter 6.16


6.16.010    Sales prohibited.

6.16.020    Discharge restrictions.

6.16.030    Definitions.

6.16.040    Seizure of fireworks.

6.16.050    Nonprohibited acts--Signal purposes--Forest protection.

6.16.060    Violation--Penalties.

6.16.010 Sales prohibited.

It is unlawful to engage in the wholesale or retail sale of fireworks within the Town of Woodway.  No person shall possess, manufacture or import any fireworks for purposes of sale in the Town of Woodway.  (Ord. 17-578 § 1 (Exh. C (part)), 2017:  Ord. 305 § 1, 1995)

6.16.020 Discharge restrictions.

Except as provided by ordinance or as sponsored by and under the supervision of public officers of the Town, it is unlawful for any person to sell, possess, use, transfer, discharge, ignite or explode any fireworks within the Town.  (Ord. 17-578 § 1 (Exh. C (part)), 2017:  Ord. 99-359 § 1, 1999:  Ord. 314, 1996; Ord. 305 § 2, 1995)

6.16.030 Definitions.

A.    "Fireworks" means any composition or device, in a finished state, containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation.

B.    "Common fireworks" means any fireworks designed primarily to produce visible or audible effects by combustion.

1.    The term includes but is not limited to:

a.    Ground and hand-held sparking devices, including items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners and flitter sparklers;

b.    Smoke devices;

c.    Fireworks commonly known as helicopters, aerials, spinners, roman candles, mines, shells, firecrackers, salutes, chasers, skyrockets, and missile-type rockets;

d.    Consumer fireworks, as defined by Federal regulations.  (Ord. 17-578 § 1 (Exh. C (part)), 2017:  Ord. 305 § 3, 1995)

6.16.040 Seizure of fireworks.

Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this chapter shall be subject to seizure by the Police Department.  The provisions for seizure of fireworks, petition for return, hearing, decision and judicial action for recovery shall be as set forth in RCW 70.77.435 and 70.77.440; provided, that the Police Chief shall have the powers and obligations set forth in said statutes.  (Ord. 17-578 § 1 (Exh. C (part)), 2017:  Ord. 305 § 4, 1995)

6.16.050 Nonprohibited acts--Signal purposes--Forest protection.

This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities.  (Ord. 17-578 § 1 (Exh. C (part)), 2017:  Ord. 305 § 5, 1995)

6.16.060 Violation--Penalties.

A.    Unless otherwise provided, violation of any of the provisions of this chapter constitutes an infraction, and may be punished by a fine not to exceed two hundred fifty dollars.

B.    Penalty and enforcement provisions provided in this chapter shall not be deemed exclusive, and the Town may pursue any remedy or relief it deems appropriate.

C.    Notwithstanding the other provisions provided in this chapter, anything done contrary to the provisions of this chapter or failure to comply with the provision of this chapter is declared to be a public nuisance.

D.    The Town is authorized to apply to any court of competent jurisdiction for and such court, upon hearing and for cause shown, may grant a preliminary, temporary or permanent injunction restraining any person, firm, and/or corporation from violating any of the provisions of this chapter and compelling compliance with the provisions thereof and the violator shall pay all Town costs of seeking such injunction in the event the Town is successful in obtaining the injunction.  (Ord. 17-578 § 1 (Exh. C (part)), 2017:  Ord. 305 § 6, 1995)