Sec. 10-261. Definitions.
As used in this Article, unless the context otherwise requires:
Fireworks means any article, device or substance prepared for the primary purpose of producing a visual or auditory sensation by combustion, explosion, deflagration or detonation, including, without limitation, the following articles and devices commonly known and used as fireworks: toy cannons or toy canes in which explosives are used, blank cartridges, the type of balloon which requires fire underneath to propel the same, firecrackers, M-80s, aerial shells, torpedoes, skyrockets, rockets, pop bottle rockets, Roman candles, Day-Glo bombs and torches, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance. Fireworks does not include:
(a) Toy caps, party poppers, and items similar to toy caps and party poppers that do not contain more than sixteen (16) milligrams of pyrotechnic composition per item and snappers that do not contain more than one (1) milligram of explosive composition per item;
(b) Highway flares, railway fuses, smoke candles and other emergency signal devices;
(c) Educational rockets and toy propellant device type engines used in such rockets when such rockets are of nonmetallic construction and utilize replaceable engines or model cartridges containing less than two (2) ounces of propellant and when such engines or model cartridges are designed to be ignited by electric means;
(d) Fireworks which are used in testing or research by a licensed explosives laboratory.
Manufacturer includes any wholesaler and any person who manufactures, makes, constructs or produces any fireworks article or device.
Permissible fireworks means items listed as permissible fireworks herein, designed primarily to produce visual or audible effects by combustion, including certain devices designed to produce audible or visual effects; except that no device or component shall, upon functioning, project or disburse any metal, glass or brittle plastic fragments. Permissible fireworks may include the following: cylindrical fountains, wheels, ground spinners, illuminating torches, colored fire, dipped sticks, sparklers, snakes and glow worms. All other fireworks, as defined above are unlawful, including but not limited to firecrackers, M-80s, aerial shells, torpedoes, skyrockets, pop bottle rockets and Roman candles.
Person includes an individual, partnership, firm, company, association or corporation.
Retailer includes any person who sells, delivers, consigns or furnishes fireworks to another person not for resale.
Wholesaler includes any person who sells, delivers, consigns, gives or in any way furnishes fireworks to a retailer for resale. (Ord. 310 §1, 1988; Ord. 1048 §1, 2010)