CHAPTER 3-6 FIREWORKS
3-6-1 Finding
(a) The major source of income for the Colville Indian Reservation is forest products and grazing of livestock; and
(b) The possibility of forest or range fires is potentially disastrous to the future of the forest and grazing lands of the Colville Indian Reservation; and
(c) The detonation of fireworks of all kinds substantially increases the danger of fire on the Colville Indian Reservation.
3-6-2 Permit Required
No person, within the exterior boundaries of the Colville Indian Reservation, without securing a permit as hereinafter provided, shall do any of the following:
(a) Manufacture, import, export, possess, or sell any fireworks at wholesale or retail for any use, including agricultural purposes or wildlife control;
(b) Discharge fireworks at any place for which a permit is required under section 3-1-199;
(c) Make a public display of fireworks; or
(d) Transport fireworks, except as a public carrier.
3-6-3 Definitions
For the purposes of this Chapter the following definitions shall govern the construction of this Chapter, unless the context otherwise requires.
(a) "Fireworks" means blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in
which explosives are used, fire balloons (balloons of a type that have burning material
of any kind attached thereto of which require fire underneath to propel them), firecracker,
torpedoes, skyrockets, rockets, roman candles, day-go, or other fireworks of like
construction; and any fireworks containing any combustible or explosive substance for
the purpose of producing a visible or audible effect by combustion, explosion,
deflagration, or detonation; but
(b) "Fireworks" does not include toy pistol, toy canes, toy guns, or other similar devices
in which paper caps containing not more than twenty-five hundredths grain of explosive
compound per cap are used.
(c) "Fireworks" does not mean explosive or flammable compound, blasting caps and
similar items used for industrial purposes, provided that otherwise applicable laws and
Chapters are complied with.
3-6-4 Application for Permit
Any person required to obtain a permit under this Chapter shall first make written application for a permit to the Chief of the Colville Tribal Police, or to such other person as may be designated by the Colville Tribal Business Council.
(a) The Tribal Police department may charge a $25.00 fee for a permit to manufacture, import, export, possess or sell any fireworks for any purpose.
(b) The Tribal Police department may charge a $5.00 fee for a discharge permit for any private purpose.
(Amended 3/18/99, Resolution 1999-178)
3-6-5 Investigation and Report on Permit Application
It shall be the duty of the officer to whom1 the application for a permit was made, under section 3-6-4(a), to make an investigation, to include consultation with Fire Management, and submit the report of his findings and his recommendations for or against the issuance of a permit, together with his reasons therefore, to the Chief of Police. The Chief of Police is authorized to issue private use permits under section 3-6-4(b).
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(note: "who" in original 2/20/01)
3-6-6 Chief of Police May Deny or Grant Permit
The Chief of Police shall have the power in its discretion to grant or deny the application, subject to such reasonable conditions, if any, as he shall prescribe. In the event that any permit be granted by the Chief of Police the permit shall be limited to one occasion and shall not be transferable.
3-6-7 Revocation of Permit
If it shall appear to the Chief of Police that any person to whom a permit has been granted under this Chapter has not taken proper precautions to insure the safety of lives and property on the Colville Indian Reservation he shall, after giving the person reasonable opportunity to be heard, revoke any permit issued pursuant to this Chapter.
3-6-8 Confiscation and Disposal
It shall be the duty of the Tribal Police to confiscate any fireworks found on the Reservation in violation of this Chapter, Chapter 2-3-1 et seq., or Chapter 3-1-199 and to properly dispose of said fireworks.
3-6-9 Civil Infraction
Violation of any provision of this section shall constitute a civil infraction under Chapter 2-3-1 et seq. The Chief of Police shall prepare an annual Liquidated Damage Schedule for violations of this Chapter, which schedule shall be posted in all tribal stores and community centers.
3-6-10 Dates and Times for Selling Fireworks
Persons may sell fireworks during the following dates and times:
(a) Fourth of July: from noon two (2) weeks prior to July 4th until 9:00 a.m. on July 6th.
(b) New Years: from noon two weeks prior to December 31st until 9:00 a.m. on January 2nd.
(c) Fireworks stands are to be removed the day following the expiration of the permit.
3-6-11 Application
This Chapter shall apply to all persons both natural and artificial, Indian and non-Indian, within the boundaries of the Colville Indian Reservation.
3-6-12 Short Title
This Chapter shall be known and may be cited as the Colville Indian Fireworks Chapter.
3-6-13 Effective Date
This Chapter shall be effective upon its adoption by the Colville Tribal Council.
3-6-14 Severability
Any portion of this Chapter, or its application to any person or circumstance is held invalid, the remainder of the Chapter, or the application of the provision to other persons or circumstances is not effected.
3-6-1 FINDINGS *
3-6-2 DEFINITIONS *
3-6-3 APPLICATION FOR PERMIT *
3-6-4 INVESTIGATION AND REPORT ON PERMIT APPLICATION *
3-6-5 TRIBAL COUNCIL MAY DENY OR GRANT PERMIT *
3-6-6 REVOCATION OF PERMIT *
3-6-7 VIOLATIONS AND PUNISHMENT *
3-6-8 APPLICATION *
3-6-9 SHORT TITLE *
3-6-10 EFFECTIVE DATE *
3-6-11 SEVERABILITY *
(Chapter 3-6 Amended 5/16/02, Resolution 2002-314)
(Enacted 7/1/74, Resolution 1974-433)