For the purposes of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
Aerial Device. Any fireworks containing 130 milligrams or less of explosive materials that produce an audible or visible effect and is designed to rise into the air and explode or detonate in the air or to fly about above the ground. Aerial devices classified as fireworks under UN0336 and UN0337 by the United States Department of Transportation as set forth in CFR Title 49 include firework items commonly known as bottle rockets, sky rockets, missile-type rockets, helicopters, torpedoes, daygo bombs, Roman candles, flying pigs, and jumping jacks that move about the ground farther than a circle with a radius of 12 feet as measured from the point where the item was placed and ignited, aerial shells, and mines.
Articles Pyrotechnic. Pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction, but not intended for consumer use that meet the weight limits for consumer fireworks, but are not labeled as such, and that are classified as UN0431 or UN0432 by the United States Department of Transportation.
Consignee. A merchant to which goods are delivered in a consignment.
Consignment. A transaction, regardless of its form, in which a person delivers goods to a merchant for the purpose of sale and:
(1) The merchant:
(A) Deals in goods of that kind under a name other than the name of the person making delivery;
(B) Is not an auctioneer; and
(C) Is not generally known by its creditors to be substantially engaged in selling the goods of others.
(2) With respect to each delivery, the aggregate value of the goods is $1,000 or more at the time of delivery;
(3) The goods are not consumer goods immediately before delivery; and
(4) The transaction does not create a security interest that secures an obligation.
Consumer Fireworks. Any fireworks designed primarily for retail sale to the public during authorized dates and times, that produce visible or audible effects by combustion, and that is designed to remain on or near the ground and, while stationary or spinning rapidly on or near the ground, emit smoke, a shower of colored sparks, whistling effects, flitter sparks, or balls of colored sparks, and include combination items that contain one or more of these effects. Consumer fireworks include firecrackers, snakes, sparklers, fountains, and cylindrical or cone fountains that emit effects up to a height not greater than 12 feet above the ground, illuminating torches, bamboo cannons, whistles, toy smoke devices, wheels, and ground spinners that when ignited remain within a circle with a radius of 12 feet as measured from the point where the item was placed and ignited, novelty or trick items, combination items, paperless firecrackers, and other fireworks of like construction that are designed to produce the same or similar effects.
Display Fireworks. Includes: 1) any fireworks used for exhibition display by producing visible or audible effects and classified as display fireworks or contained in the regulations of the United States Department of Transportation and designated as UN0333, UN0334, or UN0335, and includes salutes containing more than 2 grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces that exceed the limits of explosive materials for classification as “consumer fireworks”; 2) any fireworks or articles pyrotechnic used for movie or television production activities; and 3) any fireworks or articles pyrotechnic used for a theatrical production or sporting event. This term also includes fused set pieces containing components, which together exceed 50 milligrams of salute power.
Firecracker. Single paper cylinders not exceeding 1.5 inches in length excluding the fuse and 0.25 of an inch in diameter and containing a charge of not more than 50 milligrams of pyrotechnic composition.
Fireworks. Any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation including but not limited to aerial devices, articles pyrotechnic, or consumer or display fireworks as defined by this article or contained in the regulations of the United States Department of Transportation as set forth in CFR Title 49. The term fireworks shall not include any explosives or pyrotechnics regulated under HRS Chapter 396 or automotive safety flares, nor shall the term be construed to include toy pistols, toy cannons, toy guns, party poppers, pop-its, or other devices that contain 25/100ths of a grain or less of explosive substance.
Import. To transport or attempt to transport fireworks into the city or to cause fireworks to be transported into the city.
License. A formal authorization issued by the fire chief pursuant to this chapter to engage in the specifically designated act or acts.
Permit. A formal authorization issued by the fire chief to engage in the specifically designated act or acts.
Place of Entertainment. A theater, dinner theater, hall, coliseum, convention center, arena, auditorium, stadium, concert hall, garden, outdoor space, or other place of amusement at which theatrical productions, sporting events, or other events are presented.
Pyrotechnic Composition or Pyrotechnic Contents. The combustible or explosive component of fireworks.
Sporting Event. Those contests, games, or other events involving athletic or physical skills that are shown to the public in a place of entertainment.
Theatrical Production. Live-staged dramatic productions, musical productions, and concerts, which are shown to the public at a place of entertainment as defined in this section.
(1990 Code, Ch. 20, Art. 6, § 20-6.1) (Added by Ord. 10-25)