§ 98.002 DEFINITIONS.
   "CONSUMER FIREWORK." A small firework that is designed 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States Consumer Product Safety Commission under 16 CFR § 1507, as it now exists and in hereafter amended, modified or superseded. 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.
      (1)   "Consumer Firework" includes:
         (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 (a) and (b) above.
      (2)   "Consumer Firework" does not include the following:
         (a)   Dipped sticks or wire sparklers for which the total pyrotechnic composition may not exceed 100 grams per item; and, devices containing chlorate or perchlorate salts may not exceed five grams per item;
         (b)   Cylindrical fountains;
         (c)   Cone fountains;
         (d)   Illuminating torches;
         (e)   Wheels;
         (f)   Ground spinners;
         (g)   Flitter sparklers;
         (h)   Snakes or glow worms;
         (i)   Smoke devices; and
         (j)   Trick noisemakers that include party poppers, booby traps, snappers trick matches, cigarette loads and auto burglar alarms.
   "GRAFFITI." Any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property that was not expressly authorized by the property owner.
   "HABITUAL OFFENSE." Owner's receipt of a third notice of violation issued pursuant to § 98.03 within the current calendar year. The owner's receipt of each additional notice of violation within the current calendar year shall be a separate "Habitual Offense."
   "NATURALIZED LANDSCAPING." The utilization of native water conserving, drought tolerant plant material.
   "OWNER." The owner of record of the subject property, as indicated in the records of the Huntington County Auditor.
   "RANK VEGETATION." Plant life which grows excessively and unmanaged upon the land and has no, or limited, public value.
   "WEED." A plant that has no, or limited, public value, which tends to overgrow or choke out more desirable plants, and is often growing plentifully and detrimentally upon the land, including, but not limited to, ragweed, goldenrod, milkweed, Canadian thistle, dandelions, plantain and other broadleaf plants, buckthorn, poison ivy, poison sumac, and burdock.
(Ord. 2-C-13, passed 2-26-13; Am. Ord. 4-C-17, passed 4-11-17)