For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERMISSIBLE FIREWORKS.
(1) AERIAL SHELL. A firework fired from a cylinder, such as a mortar, but excluding rockets.
(2) CONSUMER FIREWORKS.
(a) Any of the following devices that:
1. Meet the requirements set forth in 16 C.F.R. parts 1500 and 1507, as such regulations existed on January 1, 2010; and
2. Are tested and approved by a nationally recognized testing facility or by the State Fire Marshal:
a. Any small firework device designed to produce visible effects by combustion and which is required to comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission set forth in 16 C.F.R., as such regulations existed on January 1, 2010;
b. Any small device designed to produce audible effects such as a whistling device;
c. Any ground device or firecracker;
d. Any aerial device containing 130 milligrams or less of explosive composition; and
e. Class C explosives as classified by the United States Department of Transportation shall be considered consumer fireworks.
(b) CONSUMER FIREWORKS does not include:
1. Rockets that are mounted on a stick or wire and project into the air when ignited, with or without report;
2. Wire sparklers, except that silver and gold sparklers are deemed to be CONSUMER FIREWORKS until January 1, 2014;
3. Nighttime parachutes;
4. Fireworks that are shot into the air and after coming to the ground cause automatic ignition due to sufficient temperature;
5. Firecrackers that contain more than 50 milligrams of explosive composition; or
6. Fireworks that have been tested by the State Fire Marshal as a response to complaints and have been deemed to be unsafe.
ROCKET. A device consisting of a container containing a combustible substance which is attached to a guiding stick, the whole being projected through the air by pressure exerted by the rearward discharge of gases liberated by combustion.
(Prior Code, § 92.20) (Ord. 1929, passed 12-7-2010)