For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSUMER FIREWORK.
(1) Shall have the same definition of
CONSUMER FIREWORK as set forth in I.C. 22-11-14-1, as currently in effect, or as from time to time hereafter adopted or amended. For purposes of clarity in reading and implementing this chapter, the definition of CONSUMER FIREWORK under I.C. 22-11-14-1, as currently in force and effect, is herewith set forth in division (2) of this definition below, though changes or amendments to the definition as set forth within I.C. 22-11-14-1 shall supersede the definition herein reproduced.
(2) A small firework that is designated primarily to produce visible 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 C.F.R. part 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 or expelling charges consisting of a mixture of charcoal, sulfur and potassium nitrate are not considered as designed to produce an audible effect.
(3) CONSUMER FIREWORKS include:
(a) Aerial devices, which include sky rockets, missile type rockets, helicopter or aerial spinners, Roman candles, mines and shells;
(b) Ground audible devices, which include firecrackers, salutes and chasers; and
(c) Firework devices containing combinations of the effects described in divisions (1) and (2) of this definition above.
(4) CONSUMER FIREWORKS do not include:
(a) Dipped sticks or wire sparklers. However, totally pyrotechnic composition may not exceed 100 grams per item. Devices containing chlorate or perchlorate salts may not exceed five grams in total composition per item;
(b) Cylindrical fountains;
(c) Cone fountains;
(d) Illuminating torches;
(e) Wheels;
(f) Ground spinners;
(g) Flitter sparklers;
(h) Snakes or glow works;
(i) Smoke devices; and
(j) Trick noisemakers, which include party poppers, booby traps, snappers, trick matches, cigarette loads and auto burglar alarms.
FIREWORKS. The use, discharge or ignition of all other FIREWORKS as defined in I.C. 22-11-14-1, is governed by applicable state law, to include I.C. 22-11-14-1 et seq., and not by this chapter.
(Prior Code, § 22-11-14-10.5) (Ord. 2007-566, passed 12-3-2007, 2007 COM REC 566–568)