3-6-1 FINDINGS

WHEREAS the major source of income for the Colville Indian Reservation is forest products and grazing of livestock, and

WHEREAS 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

WHEREAS the detonation of fireworks of all kinds substantially increases the danger of fire on the Colville Indian Reservation;

BE IT THEREFORE ENACTED that 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;

(c) Make a public display of fireworks;

(d) Transport fireworks, except as a public carrier.

3-6-2 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 which have burning material of any kind attached thereto of which require fire underneath to propel them), firecracker, torpedoes, sky rockets, rockets, roman candles, daygo, 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 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. Nothing herein shall be deemed to prohibit the use of any explosive or flammable compound, blasting caps and similar items used for industrial purposes, provided that otherwise applicable laws and ordinances are complied with.

For the purposes of this Chapter both "dangerous fireworks" as defined by Revised Code of Washington 70.77.130 and "Safe and sane fireworks" as defined by Revised Code of Washington 70.77.135 are included within the definition of "Fireworks."

3-6-3 APPLICATION FOR PERMIT

Any adult person or other group desiring to do any act mentioned in 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.

3-6-4 INVESTIGATION AND REPORT ON PERMIT APPLICATION

It shall be the duty of the officer to who the application for a permit was made to make an investigation 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 Colville Tribal Council.

3-6-5 TRIBAL COUNCIL MAY DENY OR GRANT PERMIT

The Tribal Council shall have the power in its discretion to grant or deny the application, subject to such reasonable conditions, if any, as it shall prescribe. In the event that any permit be granted by the Tribal Council the permit shall be limited to one occasion and shall not be transferrable.

3-6-6 REVOCATION OF PERMIT

If it shall appear to the Chief of the Tribal 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, upon reasonable opportunity to be heard, revoke any permit issued pursuant to this Chapter.

3-6-7 VIOLATIONS AND PUNISHMENT

Any person found in violation of this Chapter shall be guilty of a misdemeanor and be fined not to exceed $ . In addition, it shall be the duty of the Tribal Police to confiscate any fireworks found on the Reservation in violation of this Chapter and to properly dispose of said fireworks following the conviction or bail forfeiture by the individual involved.

3-6-8 APPLICATION

This Chapter shall apply to all persons both natural and artificial, Indian and non-Indian, within the exterior boundaries of the Colville Indian Reservation.

3-6-9 SHORT TITLE

This Ordinance shall be known and may be cited as the Colville Indian Fireworks Chapter.

3-6-10 EFFECTIVE DATE

This Chapter shall be effective upon its adoption by the Colville Tribal Council.

3-6-11 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.