A. Any person violating any provision of this chapter is guilty of a gross misdemeanor, and upon conviction shall be punished by a fine in an amount not exceeding $5,000, or by imprisonment in jail for a term not exceeding 364 days, or by both. In the case of a conviction for a violation of this chapter, the City’s Fire Marshal or designee may order the fireworks stand closed and may deny approval of a request by the person for a fireworks license for the next year.

B. A person is guilty of a separate offense for each separate and distinct violation of any provisions of this chapter, and a person is guilty of a separate offense for each day during which he/she commits or allows to continue a violation of any provisions of this chapter.

C. Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this chapter or of Chapter 70.77 RCW shall be subject to seizure by any police officer or by the City’s Fire Marshal or his designee.

D. For the purposes of this chapter, any person violating LMC 8.68.020(H) in a manner not rising to the level of negligence or recklessness as defined by LMC 8.68.020 shall have committed a civil infraction. The penalty for a violation of LMC 8.68.020(H) shall be punishable by a fine not to exceed $75.00 in addition to any other costs and assessments provided by law. The City shall have the burden of proving the violation by a preponderance of the evidence. [Ord. 742 § 1, 2020; Ord. 416 § 1, 2006; Ord. 84 § 1, 1996.]