(A) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires different meaning.
CONSUMER FIREWORKS. A small firework that is designed primarily to produce visible or audible effects by combustion, and that is required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 CPR 1507. The term also includes some small devices designed to produce an audible effect, such as whistling devices, ground devices containing 50 milligrams or less of explosive composition, and aerial devices containing 130 milligrams or less of explosive composition. Propelling and expelling charges consisting of a mixture of charcoal sulfur, and potassium nitrate are not considered to be designed to produce an audible effect. CONSUMER FIREWORKS include:
(a) Aerial devices, which include, but are not limited to, sky rockets, missile type rockets, helicopter or aerial spinners roman candles, mines, and shells;
(b) Ground audible devices, which include, but are not limited to, firecrackers, salutes, and chasers; and
(c) Firework devices containing combinations of the effects described in divisions (a) and (b) above.
FIREWORK. Any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. FIREWORKS consist of consumer fireworks. The following items are excluded from the definition of fireworks:
(a) Model rockets;
(b) Toy pistol caps;
(c) Emergency signal flares;
(d) Matches;
(e) Fixed ammunition for firearms;
(f) Ammunition components intended for use in firearms, muzzle loading cannon, or small arms;
(g) Shells, cartridges, and primers for use in firearms, muzzle loading cannons, or small firearms;
(h) Indoor pyrotechnics special effects material;
(i) M-80s, cherry bombs, silver salutes, and any device banned by the federal government.
(B) Consumer use of fireworks. No person within the corporate boundaries of the town shall use or display or permit to be used or displayed any type of consumer fireworks on any other day or time other than the following:
(1) June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, July 9, between the hours of 5:00 pm to two hours after sunset;
(2) Labor Day and the Sunday before Labor Day from 10:00 am until two hours after sunset;
(3) July 4 between the hours of 10:00 am and 12:00 midnight;
(4) Between the hours of 10:00 am on December 31 and 1:00 am on January l; and
(5) No other date or time is permitted for consumer use of fireworks.
(Ord. 1593-7-18, passed 7-18-2018)