§ 131.03 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AERIAL SHELL. A cylindrical or spherical cartridge containing a lift charge, burst charge and effect composition. Upon firing from a reloadable tube, the lift charge is consumed and the cartridge is expelled into the air.
   AERIAL SHELL KIT-RELOADABLE TUBE. A package or kit containing a cardboard, highdensity polyethylene or equivalent launching tube and not more than 12 small aerial shells. Each aerial shell is limited to a maximum of 60 grams of total chemical composition, including lift charges, and the maximum diameter of each shell shall not exceed one and threefourths inches.
   BOSQUE. A cottonwood corridor adjacent to a river.
   CHASER. A paper or cardboard tube venting out the fuse end of the tube that contains not more than 20 grams of chemical composition and travels along the ground, often producing a whistling effect or other noise; an explosive composition not to exceed 50 milligrams may be included to produce a report.
   CHEMICAL COMPOSITION. Includes all pyrotechnic and explosive composition contained in a fireworks device, but does not include inert materials such as clay used for plugs or organic matter such as rice hulls used for density control.
   CONE FOUNTAIN. A cardboard or heavy paper cone containing not more than 50 grams of pyrotechnic composition that has the same effect as a cylindrical fountain. When more than one cone is mounted on a common base, total pyrotechnic composition shall not exceed 200 grams.
   CRACKLING DEVICE. A sphere or paper tube that contains not more than 20 grams of pyrotechnic composition that produces a flash of light and a mild, audible crackling effect upon ignition, which effect is not considered to be an explosion. CRACKLING DEVICES are not subject to the 50 milligram limit of firecrackers.
   CYLINDRICAL FOUNTAIN. A cylindrical tube containing not more than 75 grams of pyrotechnic composition that produces a shower of colored sparks and sometimes a whistling effect or smoke. The device may be provided with a spike for insertion into the ground, or a wood or plastic base for placing on the ground, or a wood or cardboard handle to be handheld. When more than one tube is mounted on a common base, total pyrotechnic composition shall not exceed 200 grams.
   DISPLAY DISTRIBUTOR. A person, firm or corporation selling display fireworks.
   DISPLAY FIREWORKS. Devices primarily intended for commercial displays that are designed to produce visible or audible effects by combustion, deflagration or detonation, including salutes containing more than 130 milligrams of explosive composition; aerial shells containing more than 40 grams of chemical composition exclusive of lift charge; and other exhibition display items that exceed the limits for permissible fireworks.
   DISTRIBUTOR. A person, firm or corporation selling fireworks to wholesalers and retailers for resale.
   EXPLOSIVE COMPOSITION. A chemical compound or mixture, the primary purpose of which is to function by explosion, producing an audible effect in a fireworks device.
   FIRECRACKER. A small, paper-wrapped or cardboard tube containing not more than 50 milligrams of explosive composition that produces noise and a flash of light; provided that FIRECRACKERS used in aerial devices may contain up to 130 milligrams of explosive composition per report.
   FIREWORKS. Devices intended to produce a visible or audible effect by combustion, deflagration or detonation and are categorized as “permissible fireworks” or “display fireworks”, but does not include novelties or theatrical pyrotechnics articles.
   FLITTER SPARKLER. A narrow paper tube attached to a stick or wire and filled with not more than five grams of pyrotechnic composition that produces color and sparks upon ignition, and the paper at one end of the tube is ignited to make the device function.
   GROUND SPINNER. A small, rapidly spinning device containing not more than 20 grams of pyrotechnic composition venting out an orifice usually on the side of the tube that, when ignited, produces a shower of sparks and color. GROUND SPINNER is similar in operation to a wheel, but is intended to be placed flat on the ground and ignited.
   HELICOPTER or AERIAL SPINNER. A tube containing not more than 20 grams of chemical composition with a propeller or blade attached that spins rapidly as it rises into the air with a visible or audible effect sometimes produced at or near the height of flight.
   ILLUMINATING TORCH. A cylindrical tube containing not more than 100 grams of pyrotechnic composition that produces a colored flame upon ignition and may be spiked, based or handheld. When more than one tube is mounted on a common base, total pyrotechnic composition shall not exceed 200 grams.
   MANUFACTURER. A person, firm or corporation engaged in the manufacture of fireworks.
   MINE or SHELL. A heavy cardboard or paper tube usually attached to a wooden or plastic base and containing not more than 60 grams of total chemical composition, including lift charges, per tube that individually expels pellets of pressed pyrotechnic composition that burn with bright color in a star effect, or other devices propelled into the air, and that contains components producing reports containing a maximum 130 milligrams of explosive composition per report. A MINE may contain more than one tube, but the tubes must fire in sequence upon ignition of one external fuse; must be a dense-packed collection of MINE or SHELL tubes; and the total chemical composition, including lift charges, shall not exceed 200 grams.
   MISSILE-TYPE ROCKET. A device similar to a stick-type rocket in size, composition and effect that uses fins rather than a stick for guidance and stability and that contains not more than 20 grams of chemical composition.
   MULTIPLE TUBE DEVICES. A device that contains more than one cardboard tube and the ignition of one external fuse that causes all of the tubes to function in sequence. The tubes are individually attached to a wood or plastic base or are dense-packed and are held together by glue, wire, string or other means that securely hold the tubes together during operation. A maximum total weight of 500 grams of pyrotechnic composition shall be permitted; provided that the tubes are securely attached to a wood or plastic base and are separated from each other on the base by a distance of at least one-half inch. The connecting fuses on MULTIPLE TUBE DEVICES shall be fused in sequence so that the tubes fire sequentially rather than all at once.
   NOVELTIES. Devices containing small amounts of pyrotechnic or explosive composition that produce limited visible or audible effects, including party poppers, snappers, toy smoke devices, snakes, glowworms, sparklers or toy caps and devices intended to produce unique visual or audible effects that contain 16 milligrams or less of explosive composition and limited amounts of other pyrotechnic composition, including cigarette loads, trick matches, explosive auto alarms and other trick noisemakers.
   PERMISSIBLE FIREWORKS or CONSUMER FIREWORKS. Fireworks legal for sale to and use in the state by the general public that comply with the latest construction, performance, composition and labeling requirements established by the U.S. Consumer Product Safety Commission and the U.S. Department of Transportation, as detailed in this chapter.
   PYROTECHNIC COMPOSITION. A chemical mixture that on burning and without explosion produces visible or brilliant displays or bright lights or whistles or motion.
   RETAILER. A person, firm or corporation purchasing fireworks for resale to consumers.
   ROMAN CANDLE. A heavy paper or cardboard tube containing not more than 20 grams of chemical composition that individually expels pellets of pressed pyrotechnic composition that burn with bright color in a star effect.
   SPECIALTY RETAILER. A person, firm or corporation purchasing permissible fireworks for year-round resale in permanent retail stores whose primary business is tourism.
   STICK-TYPE ROCKET. A cylindrical tube containing not more than 20 grams of chemical composition, with a wooden stick attached for guidance and stability, that rises into the air upon ignition and produces a burst of color or sound at or near the height of flight.
   THEATRICAL PYROTECHNICS ARTICLE. A pyrotechnic device for professional use in the entertainment industry similar to permissible fireworks or consumer fireworks in chemical composition and construction but not intended and labeled for consumer use.
   TOY SMOKE DEVICE. A small plastic or paper item containing no more than 100 grams of pyrotechnic composition that produces white or colored smoke as the primary effect.
   WHEEL. A pyrotechnic device that is made to attach to a post or other surface and that revolves, producing a shower of color and sparks and sometimes a whistling effect, and that may have one or more drivers, each of which contains not more than 60 grams of pyrotechnic composition and the total wheel contains not more than 200 grams of total pyrotechnic composition.
   WHOLESALER. A person, firm or corporation purchasing fireworks for resale to retailers.
   WILDLANDS. Lands owned by the governing body of a county or municipality that are designated for public recreational purposes and that are covered, wholly or in part, by timber, brush or native grass.
(Ord. 2011-09, passed 6-8-2011)