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• <br /> • <br /> ORDINANCE NO. 3076-08 <br /> AN ORDINANCE related to Fireworks, revising <br /> Ordinance No. 1041-84 (as amended) Chapter 16.60 EMC <br /> WHEREAS, Circumstances have arisen over recent months that have illustrated <br /> a need for additional clarity of drafting in the City's fireworks code, Chapter 16.60 EMC; <br /> and <br /> WHEREAS,the Everett Police Department is seeking additional efficiencies in <br /> enforcement by defining a first-time discharge or possession of consumer fireworks in <br /> violation of the fireworks code as a non-traffic civil infraction; and <br /> WHEREAS,the only substantive changes in addition to the infraction penalty for <br /> first-time discharge or possession of consumer fireworks is an increase in the timeframe <br /> required for a public display permit application and authorization for immediate <br /> destruction of fireworks that are seized as contraband; <br /> NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: Section 1 of Ordinance No. 1041-84, as amended by Section 1 of <br /> Ordinance No. 2624-02 (EMC 16.60.010), which reads as follows: <br /> Definitions. <br /> For the purpose of this chapter, in addition to the definitions provided in Chapter <br /> 70.77 RC W,the following words shall mean: <br /> A. "Agricultural and wildlife fireworks"means fireworks devices distributed to <br /> farmers, ranchers and growers through a wildlife management program <br /> administered by the United States Department of the Interior or an equivalent <br /> state or local governmental agency. <br /> B. "Articles pyrotechnic"means pyrotechnic devices for professional use <br /> similar to consumer fireworks in chemical composition and construction but not <br /> intended for consumer use which meet the weight and limits for consumer <br /> fireworks but which are not labeled as such and which are classified as UN0431 <br /> or UN0432 by the United States Department of Transportation at 49 C.F.R. <br /> Section 172.101 as of the effective date of the ordinance codified in this section. <br /> C. "Consumer fireworks"means any small firework device designed to produce <br /> visible effects by combustion and which must comply with the construction, <br /> chemical composition, and labeling regulations of the United States Consumer <br />