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Last amended: 2005
Adopted by Resolution No. 97-27 (April 28, 1997)
Amended by Resolution No. 98-44 (April 27, 1998)
Amended by Resolution No. 99-44 (May 20, 1999)
Amended by Resolution No. 00-44 (May 18, 2000)
Amended by Resolution No. 01-58 (May 9, 2001)
Amended by Resolution No. 01-137 (December 12, 2001)
Amended by Resolution No. 04-78 (June 23, 2004)
TABLE OF CONTENTS
General Provisions
Fireworks Committee
Wholesale Fireworks Permits and Sales
Retail Fireworks Sales and Permits
Violations and Penalties
Enforcement
[16 CFR - Fireworks Devices]
Penalty Schedule
4.03.001 Title
This Ordinance shall be known as the Skokomish Fireworks Sales and Safety Ordinance.
4.03.002 Authority and Declaration of Purpose
(a) Authority. This Skokomish Fireworks Sales and Safety Ordinance is enacted pursuant to the inherent sovereign authority of the Skokomish Indian Tribe in accordance with the Treaty of Point No Point, the Constitution of the Skokomish Indian Tribe and applicable federal law. Pursuant to Article V of the Constitution, the Skokomish Tribal Council has the authority to enact laws and ordinances to license and regulate the conduct of business activities, and to impose taxes on all persons and property within the Tribe’s jurisdiction.
(b) Purpose. The Skokomish Tribal Council, as the governing body of the Skokomish Indian Tribe, recognizes the need to enhance and strengthen the development of the Reservation, supporting community values and goals for achieving complete self-determination and self-governance as a separate sovereign Nation. As a guide to interpretation and application, the purposes of this Ordinance is as follows:
(1) To prevent the sale of illegal and unsafe fireworks on the Skokomish Indian Reservation and other property within the Tribe’s jurisdiction;
(2) To promote the safety and welfare of the Skokomish community members by regulating the conduct of wholesale fireworks sales within the Reservation and of retail fireworks sales along the heavily traveled highways on the Reservation;
(3) To generate revenue for operation of the Skokomish tribal government, including the administration and enforcement of this Ordinance; and
(4) To assert, to the exclusion of state and local regulatory authorities, the Tribe’s authority over the conduct of trade in, and the use and disposition of, fireworks on the Reservation.
4.03.003 Definitions
(a) Where a term is not defined in this Ordinance, it shall be given its ordinary meaning.
(b) Terms used in this Ordinance, and regulations adopted under it shall have the following meaning given to them in this section, except where specifically defined or the context clearly indicates otherwise:
(1) “Enrolled Tribal Member” or “Tribal Member” means a person who is an enrolled member of the Skokomish Indian Tribe.(2) “Fireworks” means any device containing a combustible or explosive substance intended to produce a visible or audible combustion, explosion, deflagration, or detonation, but shall not include firearms.
(3) “Fireworks stand” means a location or establishment at which fireworks are offered for retail sale;
(4) “Immediate Family Member” means a member of the family unit comprised of the husband or wife (whether by legal or common law marriage), mother, father, brother, sister, and/or children (whether natural or adopted).
(5) “Reservation” means the Skokomish Indian Reservation established pursuant to the Treaty of Point No Point of January 26, 1855, 12 Stat. 933, and Executive Order of February 25, 1874 and includes all lands within the exterior boundaries thereof, whether held in fee, restricted or trust status.
(6) “Tribal Court” means the Skokomish Tribal Court or any court established by the Tribe to adjudicate violations of this Ordinance and regulations adopted under it.
(7) “Tribal Manager” means the Skokomish Tribal Manager hired by the Tribal Council pursuant to Article VI of the Constitution and who is responsible for the execution of tribal laws and policies and the management of all tribal business.
(8) “Other property within the Tribe’s jurisdiction” means other areas of territory and jurisdiction as defined in Article I, Section 2 of the Constitution of the Skokomish Indian Tribe
4.03.010 Authority and Duty of Fireworks Committee
(a) Fireworks Committee Established. There is hereby established the Skokomish Fireworks Committee (hereinafter “Fireworks Committee”).
(b) Role of Fireworks Committee. The Fireworks Committee shall act in an advisory capacity to the Skokomish Tribal Council and shall have the authority:
(1) To promulgate and recommend regulations to the Skokomish Tribal Council for all aspects of fireworks sales and safety pursuant to this Ordinance;
(2) To monitor and inspect, in conjunction with Tribal Law Enforcement, all wholesale and retail fireworks stands within the Reservation for compliance with this Ordinance and all regulations adopted under it.
4.03.011 Membership and Officers
(a) Appointment and Term. The Tribal Council may appoint three (3), five (5) or seven (7) enrolled Skokomish Tribal members to the Fireworks Committee. Each member shall serve staggered three (3) year terms.
(b) Officers. The Fireworks Committee shall select by consensus a Chairperson at its first meeting prior to the opening of the fireworks season in May of each year.
4.03.012 Vacancy, Removal and Resignation
(a) Vacancy. The Tribal Council may, on its own or at the request of a member of the Fireworks Committee, declare a position to be vacant if a Fireworks Committee member is unwilling or unable to fulfill their duties, provided:
(1) The Tribal Council appoints a an enrolled tribal member to fill the vacant position to serve the remainder of the unexpired term; and
(2) Notice of any proposed removal pursuant to sub-section (b) below must be in writing, state the reason for the proposed removal and be delivered to the member at least 14 days prior to the review by Tribal Council
(b) Removal. The Fireworks Committee may submit to the Tribal Council a “Notice of Proposed Removal and Declaration of Vacancy” for review pursuant to subsection (a) above requesting that a member be removed for the following reasons:
(1) For failure to attend two consecutive meetings without prior notice to the Fireworks Committee stating the reason for their absence; or
(2) For good cause stated, including, but not limited to:
(A) A violation of this Ordinance or the regulations adopted under it; and/or
(B) A failure to pay any fines imposed pursuant to this Ordinance.
(c) Resignation. A member of the Fireworks Committee may resign the position. Such resignation must be in writing and submitted to the Tribal Council.
4.03.013 Meetings and Voting
(a) Meetings.
(b) Voting. Voting shall be by consensus. If consensus cannot be reached, alternative recommendations of the proposed action by each member shall be presented to the Tribal Council.(1) The Fireworks Committee shall schedule its first regular meeting at least thirty (30) days prior to the opening of fireworks season in May of each year. Additional meetings may be scheduled as needed.
(2) All meetings shall be called by the Chairperson, or by a majority of the members of the Fireworks Committee, upon two days written notice to each member, stating the place, day and hour of the meeting and any purpose(s) for which the meeting was called.
(3) For the purpose of conducting business, a quorum (majority of members) shall be required for any meeting.
4.03.014 Compensation and Reimbursement
The Fireworks Committee members shall receive no compensation for their services; however, pursuant to tribal reimbursement policies, reimbursement for travel, meals, etc. may be paid.
Wholesale Fireworks Permits and Sales
4.03.020 Authorized Wholesalers
No person shall make wholesale sales of fireworks within the Reservation without a valid annual Wholesale Fireworks Permit issued by the Skokomish Indian Tribe.
4.03.021 Wholesale Fireworks Permits and Fees
Any person who wishes to make wholesale sales on the Reservation must apply each year for a tribal Wholesale Fireworks Permit. Applications must be submitted in writing to the Tribal Manager. Approval of all applications shall be within the discretion of the Tribal Manager. All permit fees may be changed by the annual Fireworks Sales and Safety Regulations as approved by the Tribal Council. There shall be two types of Wholesale Fireworks Permits:
(a) Mobile Wholesale Permit (Fee of $500)
A mobile wholesale permit shall be approved only for the sale of fireworks to approved retail fireworks owners/operators or their designated employee within the Reservation. Prior to each wholesale purchase, the wholesaler shall require each retail fireworks owner/operator or their designated employee to present a valid “Buying Authorization Card.” A mobile wholesaler must vacate the Reservation after each sale.
(b) On-Site Permit (Fee of $750)
An on-site wholesale permit shall be approved only for sale of fireworks to approved retail fireworks owners/operators or their designated employee within the Reservation. Prior to each wholesale purchase, the wholesaler shall require each retail fireworks owner/operator or their designated employee to present a valid “Buying Authorization Card.” An on-site wholesaler must be located at least 300 feet from any residence, fireworks stand or other structure.
(c) Payment of Fees
All Wholesale Firework Permit applications must be approved and permit fees paid prior to sales on the Reservation. NO DEFERRAL PAYMENTS ON WHOLESALE FIREWORKS PERMITS AND FEES IS AUTHORIZED.
(d) Terms of Permit
Each Wholesale Fireworks Permit shall state such terms and conditions necessary to achieve the purposes of this Ordinance.
(e) Display of Permit
Every Wholesale Fireworks Permit issued pursuant to this Ordinance shall be prominently displayed by the wholesaler when conducting business within the Reservation.
4.03.022 Violations
Any person who makes or attempts to make wholesale sales of fireworks within the Reservation in violation of this Ordinance shall be subject to the following penalties:
(a) Civil Fine: No less than $500, but no more than $5000 per violation.(b) Civil Forfeiture: pursuant to section 4.03.044 of this Ordinance.
(c) Revocation/Suspension of Permit: pursuant to section 4.03.045 of this Ordinance.
Retail Fireworks Sales and Permits
4.03.030 Authorized Retailers
No person shall make retail sales of fireworks within the Reservation or other property within the Tribe’s jurisdiction without a valid annual Retail Fireworks Sales Permit issued by the Skokomish Indian Tribe.
4.03.031 Retail Fireworks Sales Permits
Retail Fireworks Sales Permits and Buying Authorization Cards shall be issued only to enrolled Skokomish Tribal members and shall be approved only for the sale of fireworks from retail fireworks stands on the Reservation or other property within the Tribe’s jurisdiction. WHOLESALE PURCHASES FOR AND/OR RETAIL SALES OF FIREWORKS FROM OTHER THAN A FIREWORKS STAND IS STRICTLY PROHIBITED. Each applicant must apply each year for a tribal Retail Fireworks Sales Permit and Buying Authorization Card (replacement charge of $10.00 per lost, misplaced or damaged permit or card).
(a) Qualifications for Retail Fireworks Sales Permit.
To qualify for a tribal Retail Fireworks Sales Permit, an applicant must submit to the Tribal Manager the written “Fireworks Retail Sales Permit Application” which shows to applicant has the following qualifications:
(1) Enrolled member of the Skokomish Indian Tribe;
(2) At least eighteen (18) years of age; and
(3) Property within Reservation on which fireworks stand will be located must be held in trust or must be Indian-owned fee property. Property outside the Reservation must be held in trust. The following evidence shall be provided:
(A) Ownership of the property;
(B) Statement of consent of owner(s); or
(C) Other legal authorization to occupy the property.
(b) Action on Permit Application
Within ten (10) days of receipt of an application, the Tribal Manager shall determine whether an applicant qualifies for a Retail Fireworks Sales Permit as provided in subsection (a) above. The Tribal Manager shall either approve and issue the permit to a qualified applicant, or shall notify the applicant in writing of the reason(s) for denial of the permit. All decisions of the Tribal Manager may be appealed to the Tribal Council. The decision of the Tribal Council shall be final.
(c) Permit Fees
All permit, lease and cleaning deposit fees may be changed by the annual Fireworks Sales and Safety Regulations as approved by the Tribal Council:
(1) Generally
All retail fireworks stand owners/operators will be required to submit with their application a $110.00 Retail Fireworks Sales permit fee on stands twenty (20) feet and under, and an additional permit fee on stands over twenty (20) feet at $100.00 per each additional twenty (20) feet prior to opening their fireworks stand. All applicants must pay a $100.00 refundable cleaning deposit prior to opening of their fireworks stand. Ten dollars is designated from each permit sold to be held in a separate account for future use by the Fireworks Committee for upcoming seasons.
(2) Tribally-owned property
The Tribe may authorize fireworks stands to be located on tribally-owned property as follows:
(A) Fireworks stand owners/operators will be selected by lottery. An application and a $20.00 non-refundable fee is required at the time enrolled tribal members submit their names to be selected for a lottery slot. Fees collected will be designated for clearing property that can be utilized for leasing to tribal members who would otherwise have no place for their fireworks business.
(B) Lease fees for tribally owned property will be established by the annual Fireworks Sales and Safety Regulations as approved by the Tribal Council. Selected enrolled tribal members must pay the lease fee plus $110.00 Retail Fireworks Sales permit fee plus a $100.00 refundable cleaning deposit prior to opening their fireworks stand.
(C) A fee for portable toilets will be incorporated into the lease fees established by the annual Fireworks Sales and Safety Regulations as approved by the Tribal Council.
(3) NO DEFERRAL PAYMENTS ON RETAIL FIREWORKS PERMITS AND FEES IS AUTHORIZED.
(d) Terms of Permit. Each Retail Fireworks Sales Permit shall state such terms and conditions necessary to achieve the purposes of this Ordinance. Provided, each Retail Fireworks Sales Permit shall only entitle the permittee to operate one fireworks stand:
(1) Of the length designated within the permit;
(2) At the location designated within the permit; and
(3) For the period established each year in the regulations.
(e) Transfer of Permit Prohibited. The Retail Fireworks Sales Permit may not be transferred to any other person or applied to a stand at a location other than the one designated within the permit.
(f) Refunds.
(1) Permit fees paid at the time of permit application shall be promptly refunded if the Tribal Manager determines that an applicant does not qualify for a Retail Fireworks Sales Permit.
(2) Cleaning deposit refunds shall be refunded as follows:
(A) A fireworks stand owner/operator must collect and properly dispose of all garbage and debris in and around the fireworks stand:
(i) Within 10 days after the close of the summer fireworks season; and
(ii) Within 10 days after the close of the winter fireworks season,
(B) Following the ten (10) day periods referenced in subsection (A), the Fireworks Committee, Law Enforcement Officers and/or tribal staff will inspect each fireworks stand for compliance:
(i) Upon a determination of compliance with subsection (A)(i), the cleaning deposit shall be refunded within thirty (30) days following the close of the summer fireworks season.
(ii) Upon a determination of failure to comply with subsection (A)(i), the cleaning deposit shall be forfeited to the Tribe. In addition, failure to comply with subsection (A)(i) may result in other penalties and fines contained in Violations and Penalties below, and the Tribal Manager may deny future permits to the fireworks stand owner/operator for a period up to three years.
(iii) Upon a determination of failure to comply with subsection (A)(ii), in addition to other penalties and fines contained within Violations and Penalties below, the Tribal Manager may deny future permits to the fireworks stand owner/operator for a period up to three years.
(g) Nonpayment of Fines as Grounds for Denial of Permit
No permit shall be issued to an applicant who has outstanding fines imposed by the Skokomish Tribal Court for violations of this Ordinance or any regulations promulgated under it.
4.03.032 Retail Fireworks Stands: Operations and Sales
(a) Display of Permit. Every Retail Fireworks Sales Permit issued pursuant to this Ordinance shall be prominently displayed at the fireworks stand authorized by the permit.
(b) Employees. NO PERSON UNDER THE AGE OF SIXTEEN (16) shall be authorized to assist in the operation of a fireworks stand, except in the presence of immediate adult supervision. At the time of application for a Retail Fireworks Sales Permit, a fireworks stand owner/operator must list all employees or persons that will be working in their stands who are not enrolled tribal members. Fireworks stand owners/operators are only authorized to employ or to allow sales of fireworks to be made by a person who is either:
(1) An enrolled Skokomish tribal member; or a member of another federally recognized Indian Tribe or Alaskan Native;
(2) An immediate family member of the fireworks stand owner/operator.
(c) Safety Precautions/Restrictions.
(1) Every fireworks stand owner/operator shall keep, in a location which can be easily reached by employees, either a fire extinguisher of at least ten (10) pound dry weight, or a source and quantity of water which can be immediately and effectively used for fire prevention and control.
(2) No fireworks stands shall be located within fifty (50) feet of a gasoline, oil, propane or flammable service or storage facility and/or within 300 (300) feet of any tribal business and/or within fifty (50) feet of any other tribal building or structure. No open flame shall be located within three hundred (300) feet of the Twin Totems Grocery and Convenience Store without the written permission of the Skokomish Tribal Manager.
(3) Every fireworks stand owner/operator shall display in a prominent place a sign which bears the following warning:
“IT IS UNLAWFUL TO DISCHARGE A FIREWORKS WITHIN FIFTY (50) FEET OF THIS STAND. VIOLATORS SHALL BE SUBJECT TO CIVIL FINES OF UP TO $1000.00 PER VIOLATION. S.T.C. 4.03.041(a).”
(4) Every fireworks stand owner/operator shall display in a prominent place a sign which bears the following warning:
“NO SMOKING OR OPEN FLAME IS PERMITTED WITHIN FIFTY (50) FEET OF THIS STAND. VIOLATORS SHALL BE SUBJECT TO CIVIL FINES OF UP TO $1000.00 PER VIOLATION. S.T.C. 4.03.042"
(d) Access and Parking. All fireworks stand owners/operators shall ensure that safe, off-street automobile access and parking is available for all customers and employees of the fireworks stand.
(e) Sign Removal. Within ten (10) days after the close of the summer fireworks season and within ten (10) days after the close of the winter fireworks season, a fireworks stand owner/operator must remove all flags, signs, billboards or any other advertisement materials promoting the sale of fireworks at any location within the Reservation, including any location on or adjacent to the fireworks stand.
(1) If such flags, signs, billboards or other advertisement materials are not removed within the ten (10) day period, they shall be deemed a public nuisance by the Tribal Manager in violation of this Ordinance and may be disposed of by tribal law enforcement officers and/or tribal staff without further notice to, and at the expense of (including, but not limited to, the forfeiture of the $50.00 cleaning deposit pursuant to section 4.03.031(f) of this Ordinance) the fireworks stand owner/operator.
(2) Provided further, if a fireworks stand owner/operator is found to be in violation of this section, in addition to the civil fines and penalties contained within VIOLATIONS AND PENALTIES below, the Tribal Manager may deny future permits to the fireworks stand owner/operator and/or any immediate family member for the sale of fireworks at the location deemed to be a public nuisance for a period up to three years.
4.03.033 Tribal Fireworks Stands
(a) No Permits or Fees Required. In addition to licensing individual fireworks stand operators, the Tribal Council may authorize the operation of one or more stands wholly owned and operated by the Tribe. Each tribal stand shall be operated in accordance with the provisions of this Ordinance. Provided, tribally owned and operated stands shall not be subject to the permit and fee provisions of this Ordinance.
(b) Operation. The Tribal fireworks stands shall be operated by a manager appointed by the Tribal Council and compensated at a rate set by the Tribal Council. The manager must be an enrolled member of the Tribe. The manager may employ as many persons as are needed for operation of the stands, so long as all employees are enrolled members of the Tribe.
(c) Revenues. Revenues from sales at tribal fireworks stands shall be used first for paying wages and business expenses. All remaining revenues shall be declared surplus and deposited in the tribal general fund.
4.03.040 Prohibited Fireworks
It shall be unlawful for any person within the Tribe’s jurisdiction to transport, possess, discharge, or offer for sale any fireworks which are prohibited by the Hazardous Substances Act, 15 U.S.C. 1261 et seq., the Consumer Products Safety Act, 15 U.S.C. 2051 et seq., and which are banned or do not meet the requirements contained in the regulations promulgated by the Consumer Products Safety Commission, including 16 C.F.R. Part 1507 (Fireworks Devices - copy attached), 16 C.F.R. Part 1500.17 (Banned Hazardous Substances - copy attached), and all other applicable regulations, hereby incorporated by this reference.
4.03.041 Unlawful Discharge of Fireworks
(a) It shall be unlawful for any person to discharge or to permit another person to discharge fireworks within fifty (50) feet of a fireworks stand.(b) It shall be unlawful for any person to discharge fireworks after 12:00 Midnight or earlier than 6:00 a.m. on the Reservation except on holidays and weekends fireworks can be discharged until 2:00 a.m.
4.03.042 Other Prohibitions
(a) Smoking Prohibited. It shall be unlawful for any person to smoke or to permit another person to smoke within fifty (50) feet of a fireworks stand.(b) Open Flame Prohibited. It shall be unlawful for any person to have an open flame or fire, or to permit another person to have an open flame or fire, within fifty (50) feet of a fireworks stand.
4.03.043 Civil Fines
Except as otherwise specifically provided for, any person who violates any provision of this Ordinance may be assessed a civil fine for each separate violation of not less than $50.00 and not more than $1000.00.
4.03.044 Civil Forfeitures
Any fireworks located on the Reservation or other property within the Tribe’s jurisdiction which are being held for commercial sale in violation of this Ordinance, or which are prohibited by section 4.03.040 of this Ordinance, are subject to civil forfeiture as provided in the Civil Rules of the Skokomish Tribal Court. Such fireworks may be seized by tribal law enforcement officers before filing of a forfeiture complaint.
4.03.045 Revocation/Suspension of Permit
Except as otherwise specifically provided for:
(a) Revocation of Permit. If a person who has been issued a Wholesale or Retail Fireworks Sales Permit pursuant to this Ordinance is found to be in violation of the Ordinance by the Skokomish Tribal Court, the Tribal Manager may revoke the permit and may further deny the same person annual permits for up to three years from the date of the conviction of the civil offense.
(b) Suspension of Permit. If probable cause exists to believe a person is in violation of section 4.03.040 of this Ordinance, the Tribal Manager may suspend the permittee’s Wholesale or Retail Fireworks Sales Permit, prohibiting all operations and sales by the permittee pending a hearing before the Skokomish Tribal Court. In such a case, the hearing before the Skokomish Tribal Court must be held no later than seventy-two (72) hours after the Tribal Manager issues the suspension, unless the permittee voluntarily waives this right.
4.03.050 Tribal Law Enforcement Officers
(a) Skokomish Department of Public Safety. Law enforcement officers employed by the Skokomish Department of Public Safety are hereby authorized to enforce the provisions of this Ordinance. Tribal law enforcement officers shall have authority to:
(1) Inspect wholesale (on-site and mobile) dealers and retail fireworks stands to determine compliance with the provisions of this Ordinance;
(2) Serve notices and legal process;
(3) Issue civil citations for violations of this Ordinance;
(4) Seize fireworks in accordance with the provisions of this Ordinance; and
(5) Otherwise enforce administrative decisions of tribal officials and/or orders of the Skokomish Tribal Court in accordance with this Ordinance and other applicable tribal laws.
4.03.051 Tribal Court Jurisdiction
Except as otherwise provided herein, the Skokomish Tribal Court shall have jurisdiction over all civil proceedings arising under this Ordinance.
[Digitizer's note: The print
copy of the code contains 16 CFR Commercial Practices, Chapter II, Consumer
Safety Commission, Subchapter C -- Federal Hazardous Substances Act Regulations,
Part 1507 - Fireworks
Devices (link to the CFR online at the U.S. Government Printing Office).]
SKOKOMISH FIREWORKS SALES AND SAFETY ORDINANCE PENALTY SCHEDULE
Adopted by Resolution No. 01-137 (December 12, 2001)
Amended by Resolution No. 04-78 (June 23, 2004)
The penalty for all fireworks violations is $50 except as indicated
below 1
Unauthorized Wholesaling (S.T.C. 4.03.020)
4.03.020 Wholesaling without a valid annual Wholesale Fireworks Permit
First Offense - $1,500 fine each sale; civil forfeiture of all stock held
for wholesale; revocation of annual permit; denial of annual permit within
discretion of Tribal Manager
Second Offense - $3,500 fine each sale; civil forfeiture of all stock held
for commercial sale; revocation of annual permit; denial of annual permit
two years
Third Offense - $5,000 fine each sale; civil forfeiture of all stock held
for commercial sale; denial of annual permit for three years
Unauthorized Retailing (S.T.C. 4.03.030)
4.03.030 Retailing without a valid annual Retail Fireworks Sales Permit
First Offense - $350 fine each sale
Second Offense - $500 fine each sale; civil forfeiture of all stock held for
retail; denial of annual permit within Tribal Manager's discretion
Third Offense - $1,000 fine each sale; civil forfeiture of all stock held
for retail; denial of annual permit for three years
Failure to Clean Site (S.T.C. 4.03.031(f)(2)(A))
4.03.031(f)(2)(A) Failure to collect and properly dispose of all garbage and debris in and around the fireworks stand within ten (10) days after the close of the summer or winter fireworks season
First Offense - Forfeiture of cleaning deposit; $100 fine
Second Offense - Forfeiture of cleaning deposit; $50 fine each day; revocation
of annual permit within discretion of Tribal Manager
Underage Employees (S.T.C. 4.03.032(b))
4.03.032(b) Employing or allowing a person under sixteen years of age to assist in the operation of a fireworks stand without adult supervision.
First Offense - $250 fine; revocation of annual permit within discretion
of Tribal Manager
Second Offense - $500 fine; revocation of annual permit; denial of annual
permit
Violation of Safety Precautions (S.T.C. 4.03.032(c))
4.03.032(c)(1) Failure to keep suitable fire extinguisher or water source in suitable location for fire prevention and control
First Offense - $250 fine; revocation of annual permit within discretion
of Tribal Manager
Second Offense - $500 fine; revocation of annual permit; denial of annual
permit for one to three years
4.03.032(c)(2) Location of fireworks stand within fifty (50) feet of a gasoline,
oil, propane or flammable service or storage facility and/or within 300 (300)
feet of any tribal business and/or within fifty (50) feet of any other tribal
building or structure. No open flame shall be located within three hundred
(300) feet of the Twin Totems Grocery and Convenience Store without the written
permission of the Skokomish Tribal Manager.
First Offense - $500 fine; revocation of annual permit; denial of annual
permit for one year
Second Offense - $750 fine; revocation of annual permit; denial of annual
permit for two years
Third Offense - $1000 fine; revocation of annual permit; denial of annual
permit for three years
Failure to Remove Signs (S.T.C. 4.03.033(e))
4.03.033(e) Failure to remove all flags, signs, billboards, and advertisement material within ten (10) days after the close of the summer or winter fireworks season
First Offense - Forfeiture of cleaning deposit; payment of any costs of removal
in excess of cleaning deposit
Second Offense - Forfeiture of cleaning deposit; $50 fine; payment of any
costs of removal in excess of cleaning deposit; revocation of annual permit
Third Offense - Forfeiture of cleaning deposit; payment of any costs of removal
in excess of cleaning deposit; $50 fine each day; revocation of annual permit
Prohibited Fireworks (S.T.C. 4.03.045) 2
4.03.040 Transportation
First Offense - $200 to $1,000 fine depending on quantity and size of prohibited
fireworks, defendant's willingness to cooperate, and level of danger to community;
civil forfeiture of banned, prohibited or noncomplying fireworks; revocation
of annual permit within discretion of Tribal Manager (if offense by owner
or employee of a fireworks stand);
Second Offense - $500 to $1,000 fine depending on quantity and size of prohibited
fireworks, defendant's willingness to cooperate, and level of danger to community;
civil forfeiture of banned, prohibited or noncomplying fireworks; non-discretionary
revocation of permit (if offense by owner or employee of a fireworks stand);
denial of annual permit for one year within discretion of Tribal Manager (if
offense by owner or employee of a fireworks stand)
4.03.040 Possession
First Offense - $50 to $1,000 fine depending on quantity and size of prohibited fireworks, defendant's willingness to cooperate, and level of danger to community; civil forfeiture of banned, prohibited or noncomplying fireworks; revocation and/or denial of annual permit within discretion of Tribal Manager (if offense by owner or employee of a fireworks stand)
4.03.040 Discharge
First Offense - $50 to $1000 fine depending on size of prohibited fireworks, level of danger to community, and defendant's willingness to cooperate; civil forfeiture of banned, prohibited or noncomplying fireworks; revocation of permit within discretion of Tribal Manager (if offense by owner or employee of a fireworks stand); revocation and/or denial of annual permit within discretion of Tribal Manager (if offense by owner or employee of a fireworks stand)
4.03.040 Offering for sale
First Offense - $50 to $1,000 fine depending on quantity and size of prohibited
fireworks, defendant's willingness to cooperate, and level of danger to community;
civil forfeiture of banned, prohibited or noncomplying fireworks;
Second Offense - $200 to $1,000 fine depending on quantity and size of prohibited
fireworks, defendant's willingness to cooperate, and level of danger to community;
civil forfeiture of banned, prohibited or noncomplying fireworks; revocation
of annual permit; denial of annual permit for one to three years within discretion
of Tribal Manager
Third Offense - $350 to $1,000 fine depending on quantity and size of prohibited
fireworks, defendant's willingness to cooperate, and level of danger to community;
civil forfeiture of banned, prohibited or noncomplying fireworks; revocation
of permit; denial of annual permit for one to three years within discretion
of Tribal Manager
Unlawful Discharge of Fireworks (S.T.C. 4.03.041)
4.03.041(a) Discharge within fifty (50) feet of a fireworks stand
First Offense - $250 to $750 fine depending on quantity and size of prohibited
fireworks, defendant's willingness to cooperate, and level of danger to community;
revocation of permit within discretion of Tribal Manager (if offense by owner
or employee of a fireworks stand)
Second Offense - $350 to $850 fine depending on quantity and size of prohibited
fireworks, defendant's willingness to cooperate, and level of danger to community;
revocation of permit (if offense by owner or employee of a fireworks stand);
denial of annual permit for one year (if offense by owner or employee of a
fireworks stand)
Third Offense - $750 to $1,000 fine depending on quantity and size of prohibited
fireworks, defendant's willingness to cooperate, and level of danger to community;
revocation of permit (if offense by owner or employee of a fireworks stand);
denial of annual permit for two or three years (if offense by owner or employee
of a fireworks stand)
4.03.041(b) Discharge after 12:00 Midnight (weeknights) or 2:00 a.m. (weekends
and holidays) or earlier than 6:00 a.m.
First Offense - $50 to $750 fine depending on quantity and size of fireworks,
defendant's willingness to cooperate, level of nuisance, and level of danger
to community; revocation of permit (if offense by owner or employee of a fireworks
stand)
Second Offense - $100 to $750 fine depending on quantity and size of fireworks,
defendant's willingness to cooperate, level of nuisance, and level of danger
to community; revocation of permit (if offense by owner or employee of a fireworks
stand); denial of annual permit within discretion of Tribal Manager (if offense
by owner or employee of a fireworks stand)
Third Offense - $200 to $750 fine depending on quantity and size of fireworks,
defendant's willingness to cooperate, level of nuisance, and level of danger
to community; revocation of permit (if offense by owner or employee of a fireworks
stand); denial of annual permit within discretion of Tribal Manager (if offense
by owner or employee of a fireworks stand)
Smoking (S.T.C. 4.03.042(a))
4.03.042(a) Smoking or permitting smoking within fifty (50) feet of a fireworks stand
First Offense - $250 fine; revocation of annual permit (if offense by owner
or employee of a fireworks stand); denial of annual permit within discretion
of Tribal Manager
Second Offense - $250 to $750 fine; revocation of annual permit (if offense
by owner or employee of a fireworks stand); denial of annual permit within
discretion of Tribal Manager
Third Offense - $500 to $1000 fine; revocation of annual permit (if offense
by owner or employee of a fireworks stand); denial of annual permit
Open Flame (S.T.C. 4.03.042(b))
4.03.042(b) Having or permitting an open flame or fire within fifty (50) feet of a fireworks stand
First Offense - $250 fine; revocation of annual permit (if offense by owner
or employee of a fireworks stand) denial of annual permit within discretion
of Tribal Manager
Second Offense - $250 to $750 fine; revocation of annual permit (if offense
by owner or employee of a fireworks stand); denial of annual permit for two
years (if offense by owner or employee of a fireworks stand)
Third Offense - $500 to 1000 fine; revocation of annual permit (if offense
by owner or employee of a fireworks stand); denial of annual permit for three
years (if offense by owner or employee of a fireworks stand)
1 4.03.045(a) Revocation of Permit.
If a person who has been issued a Wholesale or Retail Fireworks Sales Permit pursuant to this Ordinance is found to be in violation of the Ordinance by the Skokomish Tribal Court, the Tribal Manager may revoke the permit and may further deny the same person annual permits for up to three years from the date of the conviction of the civil offense.
2 4.03.045(b) Suspension of Permit
Back to Table of ContentsIf probable cause exists to believe a person is in violation of section 4.03.040 of this Ordinance, the Tribal Manager may suspend the permittee's Wholesale or Retail Fireworks Sales Permit, prohibiting all operations and sales by the permittee pending a hearing before the Skokomish Tribal Court. In such a case, the hearing before the Skokomish Tribal Court must be held no later than seventy-two (72) hours after the Tribal Manager issues the suspension, unless the permittee voluntarily waives this right.