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Seized fireworks may be returned after a petition is filed and, if requested, a hearing held proves the fireworks were illegally or erroneously seized.

A. Any person whose fireworks are seized under Section 5.54.140 may within ten days after such seizure petition the local fire official or state fire marshal to return the fireworks seized upon the ground that such fireworks were illegally or erroneously seized. Any petition filed hereunder shall be considered by the local fire official or state fire marshal within fifteen days after filing and an oral hearing granted the petitioner, if requested. Notice of the decision of the local fire official or state fire marshal shall be served upon the petitioner. The local fire official or state fire marshal may order the fireworks seized to be disposed of or returned to the petitioner if illegally or erroneously seized. The determination of the local fire official or state fire marshal is final unless within sixty days an action is commenced in a court of competent jurisdiction for the recovery of the fireworks seized by the local fire official or state fire marshal.

B. If the fireworks are not returned to the petitioner or destroyed, the local fire official or state fire marshal may sell confiscated common fireworks to wholesalers licensed by the state fire marshal. Sale shall be by public auction after publishing a notice of the date, place and time of the auction in a newspaper of general circulation in Snohomish County at least three days before the date of the auction. Proceeds of the sale of seized fireworks shall be deposited in a general fund. Fireworks that are not legal for use and possession shall be destroyed by the local fire official or state fire marshal. (Ord. 1622, 1987)

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