AERIAL SPINNER: A tube containing no more than twenty grams (20 g) 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.
APPLICANT: The person issued a permit and the person responsible to the city of Deming as provided for in this chapter.
CHASER: A paper or cardboard tube venting out the fuse end of the tube that contains no more than twenty grams (20 g) of chemical combustion and travels along the ground, often producing a whistling effect or other noise; an explosive composition not to exceed fifty milligrams (50 mg) may be included to produce a report.
CHEMICAL COMPOSITION: All pyrotechnic and explosive composition contained in a fireworks device, not including inert materials such as clay used for plugs or organic material such as rice hulls used for density control.
CLERK: The municipal clerk of the city of Deming.
CONE FOUNTAIN: A cardboard or heavy paper cone containing no more than fifty grams (50 g) of pyrotechnic composition that has the same effect as a cylindrical fountain; and when more than one cone is mounted on a common base, total pyrotechnic composition not exceeding two hundred grams (200 g).
COUNCIL: The Deming city council.
CRACKLING DEVICE: A sphere or tube containing no more than twenty grams (20 g) 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.
CYLINDRICAL FOUNTAIN: A tube containing no more than seventy five grams (75 g) of pyrotechnic composition that produces a shower of colored sparks and sometimes a whistling effect or smoke, including a device 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; and when more than one tube is mounded on a common base, total pyrotechnic composition not exceeding two hundred grams (200 g).
DISPLAY DISTRIBUTOR: Any person, firm, company or organization selling display fireworks.
DISPLAY FIREWORKS: Devices designed to produce visible or audible effects by combustion, deflagration or detonation, including salutes, and containing more than one hundred thirty milligrams (130 mg) of explosive composition; aerial shells containing more than forty grams (40 g) of chemical composition exclusive of lift charge; and other exhibition display items that exceed the limits for fireworks permissible herein.
EXPLOSIVE COMPOSITION: Any chemical compound or mixture, the primary purpose of which is to function by explosion, producing an audible effect in a fireworks device.
FIRE CHIEF: The Deming fire chief or his designated representative.
FIRECRACKER: A small, paper wrapped or cardboard tube containing no more than fifty milligrams (50 mg) of explosive composition that produces noise and a flash of light; provided that firecrackers used in aerial devices may contain up to one hundred thirty milligrams (130 mg) 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", "prohibited fireworks" or "display fireworks".
FLITTER SPARKLER: A narrow paper tube attached to a stick or wire and filled with no more than five grams (5 g) 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 no more than twenty grams (20 g) 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 wheel, but is intended to be placed flat on the ground and ignited.
HELICOPTER: A tube containing no more than twenty grams (20 g) 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 no more than one hundred grams (100 g) of pyrotechnic composition that produces a colored flame upon ignition and may be spiked, based or handheld; and when more than one tube is mounted on a common base, total pyrotechnic composition shall not exceed two hundred grams (200 g).
MINE: A heavy cardboard or paper tube usually attached to a wooden or plastic base and containing no more than forty grams (40 g) of chemical composition plus not more than twenty grams (20 g) of lift charge 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 one hundred thirty milligrams (130 mg) 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 and the total chemical composition, including lift charges, of a multiple tube shall not exceed two hundred grams (200 g).
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 no more than twenty grams (20 g) of chemical composition.
PERMISSIBLE FIREWORKS: Fireworks legal for sale to and use in New Mexico by the general public.
PORTABLE BUILDINGS: Any structure, tent, trailer or vehicle which is of temporary nature or design which is used separately or together for the retail sale of fireworks to the general public.
PROHIBITED FIREWORKS: Fireworks which are not legal for sale or possession within the city limits of Deming.
PYROTECHNIC COMPOSITION: A chemical mixture that on burning and without explosion produces visible or brilliant displays or bright lights or whistles or motion.
ROMAN CANDLE: A heavy paper or cardboard tube containing no more than twenty grams (20 g) of chemical composition that individually expels pellets of pressed pyrotechnic composition that burn with bright color in a star effect.
SHELL: A heavy cardboard or paper tube usually attached to a wooden or plastic base and containing no more than forty grams (40 g) of chemical composition plus not more than twenty grams (20 g) of lift charge 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 one hundred thirty milligrams (130 mg) 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 and the total chemical composition, including lift charges, of a multiple tube device shall not exceed two hundred grams (200 g).
STATUTE: For the purposes of this chapter refers to the state of New Mexico fireworks licensing and safety act beginning with section 60-2C-1, New Mexico Statutes Annotated 1978.
STICK TYPE ROCKET: A cylindrical tube containing no more than twenty grams (20 g) 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.
TOY SMOKE DEVICE: A small plastic or paper item containing no more than one hundred grams (100 g) of pyrotechnic composition that produces white or colored smoke as the primary effect.
VENDOR: Any person or business engaged in the retail sale of fireworks to the general public.
WHEEL: A pyrotechnic device that is made to attach to a post or other surface 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 no more than sixty grams (60 g) of pyrotechnic composition and the total wheel contains no more than two hundred grams (200 g) total pyrotechnic composition. (Ord. 1060, 6-10-2002)