AGO 1951-53 No. 9.

• Case Date: April 10, 1951
• Court: Washington

Washington Attorney General Opinions 1951. AGO 1951-53 No. 9. April 10, 1951[Orig. Op. Page 1]PRIVATEFIREWORKS --- STATE LAW HAVING PRECEDENT OVER COUNTY ORDINANCES.City and county ordinances governing fireworks are not superseded by state regulation as found in chapter 174, Laws of 1951, unless there is a confliction.Honorable George W. KupkaHouse of RepresentativesDistrict 27801 South G StreetTacoma, WashingtonCite as: AGO 1951-53 No. 9Dear Sir: We acknowledge receipt of your inquiry regarding the effect of Substitute Senate Bill No. 40 (chapter 174, Laws of 1951), upon existing city or county ordinances. The question may be summarized as follows: Does Substitute Senate Bill No. 40 (chapter 174, Laws of 1951), which regulates the manufacture, sale, use or discharge of fireworks, supersede city or county ordinances which prohibit the manufacture, sale, use or discharge of fireworks? Our conclusion may be summarized as follows: Substitute Senate Bill No. 40 (chapter 174, Laws of 1951), which regulates the manufacture, sale, use or discharge of fireworks, does not supersede city or county ordinances which prohibit the manufacture, sale, use or discharge of fireworks. ANALYSIS Section 10 of Substitute Senate Bill No. 40 (chapter 174, Laws of 1951), reads as follows: [Orig. Op. Page 2] "Nothing in this act nor in any permit issued hereunder shall authorize the manufacture, sale, use or discharge of fireworks in any city or county in which such manufacture, sale, use or discharge is otherwise prohibited by law or municipal ordinance; nor shall any city or county authorize the sale or use of any fireworks prohibited by the provisions of this act." For the sake of clarity, this opinion is partitioned into three divisions. First. The wording of section 10 clearly indicates that the legislature did not intend city ordinances prohibiting fireworks to be in any wise affected by this act. Note that "Nothing in this act * * * shall authorize * * * fireworks in any city * * * in which such * * * [fireworks are] otherwise prohibited by * * * municipal ordinance; * * *" Second. It is our opinion that the legislature did not intend county ordinances prohibiting fireworks to be superseded by this act, but the same does not clearly appear. It should be noted that the phrase "otherwise prohibited by law or municipal ordinance" is used. Unless it can...