(A) For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL AND WILDLIFE FIREWORKS. Has the same meaning ascribed to it under § 12503 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and includes fireworks designed and intended by the manufacturer to be used to prevent damage to crops or unwanted occupancy of areas by animals or birds through the employment of sound or light, or both.
DANGEROUS FIREWORKS. Has the same meaning ascribed to it under §§ 12505 and 12561 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and includes all of the following:
(a) Any fireworks which contain any of the following:
1. Arsenic sulfide, arsenates, or arsenites.
2. Boron.
3. Chlorates, except:
a. In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included.
b. In caps and party poppers.
c. In those small items (such as ground spinners) wherein the total powder content does not exceed four grams of which not greater than 15% (or 600 milligrams) is potassium, sodium, or barium chlorate.
4. Gallates or gallic acid.
5. Magnesium (magnesium-aluminum alloys, called magnalium, are permitted).
6. Mercury salts.
7. Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers).
8. Picrates or picric acid.
9. Thiocyanates.
10. Titanium, except in particle size greater than 100-mesh.
11. Zirconium.
(b) Firecrackers.
(c) Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge.
(d) Roman candles, including all devices which discharge balls of fire into the air.
(e) Chasers, including all devices which dart or travel about the surface of the ground during discharge.
(f) Sparklers more than ten inches in length or one-fourth of one inch in diameter.
(g) All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches.
(h) Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this part.
(i) Torpedoes of all kinds which explode on impact.
(j) Fireworks kits.
(k) Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.
DISCHARGE. Means and includes, but is not limited to, shoot, set off, ignite, explode, project, fire or otherwise discharge FIREWORKS of any classification or kind.
EXEMPT FIREWORKS. Has the same meaning ascribed to it under § 12508 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and includes any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction and the Fire Chief.
FIRE CHIEF. Means the person designated as the Fire Chief of the County of Riverside or his or her authorized designee.
FIREWORKS. Has the same meaning ascribed to it under § 12511 of the Cal. Health and Safety Code as presently adopted or further amended from time to time. The term FIREWORKS includes DANGEROUS FIREWORKS, EXEMPT FIREWORKS, and SAFE AND SANE FIREWORKS, and further includes but is not limited to any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment, including not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits.
FIREWORKS KIT. Has the same meaning ascribed to it under § 12512 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and means any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled would come within the definition of FIREWORKS.
PERSON. Any natural person, business, organization, corporation or other entity.
POLICE CHIEF. The person designated as the Police Chief of the City of Indio or his or her authorized designee.
PROPERTY. Any private property, including but not limited to a home, yard or field, whether or not occupied as a dwelling and whether owned, leased, rented or used with or without compensation.
PUBLIC DISPLAY OF FIREWORKS. Has the same meaning ascribed to it under § 12524 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of DANGEROUS FIREWORKS.
PYROTECHNIC COMPOSITIONS. Has the same meaning ascribed to it under § 12525 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere.
PYROTECHNIC OPERATOR. Has the same meaning ascribed to it under § 12527 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and means any licensed pyrotechnic operator, who by examination, experience, and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted.
PYROTECHNIC SPECIAL EFFECTS MATERIAL. A low explosive material, other than detonating cord, commonly used in motion picture, television, theatrical, or group entertainment production for which a permit from the Fire Chief is required for use, storage or disposal.
RESPONSIBLE PERSON. A person or persons with a right of possession of the residence or other private property at which fireworks, dangerous fireworks, exempt fireworks, or safe and sane fireworks are sold, offered for sale, used or possessed. A RESPONSIBLE PERSON includes but is not limited to:
(a) Owner(s) and/or lessee(s) of the residence or other private property where fireworks. dangerous fireworks. exempt fireworks, or safe and sane fireworks are kept, stored, possessed, used, shot, discharged, set off, ignited, exploded, manufactured, sold, offer for sale, given, or transported.
(b) Tenant in possession of the residence or other private property where fireworks, dangerous fireworks, exempt fireworks, or safe and sane fireworks are kept, stored, possessed, used, shot, discharged, set off, ignited, exploded, manufactured, sold, offer for sale, given, or transported.
(c) Person or persons in immediate control of the residence or other private property where fireworks, dangerous fireworks, exempt fireworks, or safe and sane fireworks are kept, stored, possessed, used, shot, discharged, set off, ignited, exploded, manufactured, sold, offer for sale, given, or transported.
(d) Person or persons who organize, supervise, sponsor, conduct, allow, control or controls access to the residence or other private property where fireworks, dangerous fireworks, exempt fireworks, or safe and sane fireworks are kept, stored, possessed, used, shot, discharged, set off, ignited, exploded, manufactured, sold, offer for sale, given, or transported.
(e) Any "responsible party" as defined in § 11.02 of this code.
SAFE AND SANE FIREWORKS. Has the same meaning ascribed to it in Cal. Health and Safety Code § 12529, as presently adopted or further amended from time to time, and includes any fireworks which do not come within the definitions of DANGEROUS FIREWORKS or EXEMPT FIREWORKS, as defined in Cal. Health and Safety Code §§ 12505 or 12508, as presently adopted or further amended from time to time.
SPECIAL EFFECTS. Has the same meaning ascribed to it in Cal. Health and Safety Code § 12532, as presently adopted or further amended from time to time, and means articles containing any pyrotechnic composition manufactured and assembled, designed, or discharged in connection with television, theater, or motion picture productions, which mayor may not be presented before live audiences and any other articles containing any pyrotechnic composition used for commercial, industrial, education, recreation, or entertainment purposes when authorized by the authority having jurisdiction.
(B) Other general terms defined. In addition to the terms set forth above, the terms defined in Cal. Health & Safety Code Division 11, Part 1 (Health and Safety Code §§ 12500 et seq.) are hereby incorporated into this chapter.
(Ord. 1787, passed 11-2-22)