Ordinance 3076-08 - Laserfiche WebLink

4. • retired to the petitioner if illegally or erroneously seized. The determination of the city fire marshal or State Fire Marshal is final unless within sixty days an action is commenced in a court of competent jurisdiction for the recovery of the fireworks seized by the city fire marshal or State Fire Marshal. C. If seized fireworks are not returned to the petitioner or destroyed,the city fire marshal or State Fire Marshal may sell confiscated consumer fireworks to wholesalers properly licensed in accordance with all applicable state laws and regulations. Sale shall be by public auction after publishing a notice of the date, place and time of the auction in a newspaper of general circulation in Snohomish County at least three days before the date of the auction. Proceeds of the sale of seized fireworks shall be deposited in a general fund. Fireworks that are not legal for use and possession shall be destroyed. Section 16: Section 4 of Ordinance No. 1041-84, as amended by section 1 of Ordinance No. 2179-96 and Section 4 of Ordinance No. 2624-02 (EMC 16.60.020) is hereby repealed. Section 17: General duty. It is expressly the purpose of this ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provision nor any term used in this ordinance is intended to impose any duty whatsoever upon the city or any of its officers or employees. Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this ordinance by its officers, employees or agents. Section 18: Savings. The enactment of this ordinance shall not affect any case, proceeding, appeal or other matter currently pending in any court or before the City or in any way modify any obligation, right or liability, civil or criminal, which may exist by virtue of any of the ordinances herein amended. Section 19: Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause,phrase or word of this ordinance. 13