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• <br /> B. A gross misdemeanor if involving one pound or more of fireworks, exclusive <br /> of external packaging. <br /> is hereby amended to read as follows: <br /> Possession of fireworks prohibited. <br /> A. Unless otherwise allowed under the provisions of this chapter, it is unlawful to <br /> possess any class or kind of fireworks within the city limits of Everett. A violation <br /> of this section shall be punished as follows: <br /> B. Except as otherwise provided in subsection C, violation of this section is a <br /> non-traffic infraction,punishable by a fine of one hundred twenty-five dollars. <br /> All Public Safety and Education Assessments (PSEA) required by State law shall <br /> be added to the base penalty described herein. Remission of PSEA money shall <br /> be as set forth in State law and cannot be suspended or waived. Municipal Court <br /> judges and judges pro tern shall have discretion to assess additional penalties for <br /> failure to pay or respond to notices of infraction issued under this section as <br /> otherwise allowed by law. <br /> C. Any person who violates this section a second or more time within a five-year <br /> period shall be guilty of: <br /> 1. A misdemeanor if the amount of fireworks possessed involved less than one <br /> pound of fireworks, exclusive of external packaging; or <br /> 2. A gross misdemeanor if the amount of fireworks possessed involved one <br /> pound or more of fireworks, exclusive of external packaging. <br /> D. A record of arrest in any local, state or federal database shall constitute prima <br /> facie proof of a previous violation for purposes of determining the penalty for <br /> violation of this section. <br /> Section 13: Ordinance No. 1041-84, as amended by Ordinance No. 1146-85 and <br /> Section 3 of Ordinance No. 2624-02 (EMC 16.60.150), which reads as follows: <br /> Articles pyrotechnic. <br /> The assembling, compounding, use, and display of articles pyrotechnic or special <br /> effects in the production of motion pictures, radio or television productions, or <br /> live entertainment shall be under the control of a pyrotechnic operator licensed by <br /> the state of Washington and who possesses a valid permit from the city or county. <br /> is hereby amended to read as follows: <br /> Articles pyrotechnic, special effects for entertainment media. <br /> The assembling, compounding, use, and display of articles pyrotechnic or special <br /> effects in the production of motion pictures, radio or television productions, or <br /> live entertainment shall be under the direction and control of a pyrotechnic <br /> operator licensed by the state of Washington and who possesses a valid permit <br /> 11 <br />