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• <br /> 1 facilities of a licensed fireworks wholesaler, to a magazine or storage place approved <br /> 2 by the City's Fire Marshal or designee. <br /> 3 Section 13: UNLAWFUL POSSESSION OF FIREWORKS - PENALTY. It is <br /> 4 unlawful to possess special fireworks or any other class or kind of fireworks in violation <br /> 5 of Chapter 70.77 RCW. A violation of this section is: <br /> 6 A. a misdemeanor if involving less than one pound of fireworks, exclusive of <br /> 7 external packaging; or <br /> 8 B. a gross misdemeanor if involving one pound or more of fireworks, <br /> 9 exclusive of external packaging. <br /> 10 Section 14: UNLAWFUL SALE OF FIREWORKS - PENALTY. <br /> 11 A. It is unlawful for any person to sell or transfer or agree to sell or transfer <br /> 12 any special fireworks to any person or agree to sell or transfer special fireworks to any <br /> 13 person who is not a fireworks licensee as provided for by this chapter. A violation of <br /> 14 the section is a gross misdemeanor. <br /> 15 B. It is unlawful for any person to sell or transfer any common fireworks to a <br /> 16 consumer or user other than at a fixed place of business of a retailer for which a license <br /> 17 and permit have been issued. A violation of this section is a gross misdemeanor. <br /> 18 Section 15: UNLAWFUL DISCHARGE OF FIREWORKS - PENALTY. It is <br /> 19 unlawful for any person to discharge or use fireworks in a reckless manner which <br /> 20 creates a substantial risk of death or serious physical injury to another person or <br /> 21 damage to the property of another. A violation of this section is a gross misdemeanor. <br /> 22 Section 16: SEIZURE OF FIREWORKS. Any fireworks which are illegally <br /> 23 sold, offered for sale, used, discharged, possessed or transported in violation of this <br /> 24 chapter shall be subject to seizure by the City's Fire Marshal or his designee or the <br /> 25 Chief of Police or his designee or the State Fire Marshal. Any fireworks seized may be <br /> 26 disposed of by the City's Fire Marshal or designee by distribution at any time <br /> 27 subsequent to thirty (30) days from such seizure or ten (10) days from the termination <br /> 28 of proceedings under Section 17. <br /> 29 Section 17: SEIZURE PROCEEDINGS. Seized fireworks may be returned <br /> 30 after a petition is filed and if requested a hearing held proves the fireworks were <br /> 31 illegally or erroneously seized. <br /> 32 <br /> -6- <br />