For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFILIATED ORGANIZATIONS.
1. Organizations incorporated under the same charter or organization and their organizations and auxiliaries unless the auxiliary is incorporated under a different charter;
2. Organizations sharing the same officers, place of meetings and/or national parent organization;
3. Subdivisions and/or factional divisions of organizations however named or delineated; and
4. Suborganizations, one of whose primary purpose is to provide financial and/or manpower support to a parent nonprofit organization. Different organizations affiliated with and officially recognized by any elementary, junior high, high school and/or school district that serves, in whole or in part, the residents of the city shall be presumed to be affiliated organizations (i.e., boosters of high school football and boosters of high school basketball), unless recognized as a separate nonprofit by either the state or the IRS.
BUILDING INSPECTOR. The Livingston building inspector and his or her designees.
CITY CLERK. The Livingston City Clerk and his or her designees.
DANGEROUS FIREWORKS.
1. Any fireworks which contain any of the following:
(a) Arsenic sulfide, arsenates or arsenites;
(b) Boron;
(c) Chlorates, except in colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included; in caps and party poppers;
(d) On 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;
(e) Gallates or gallic acid;
(f) Magnesium (magnesium-aluminum alloys, called magnalium, are permitted);
(g) Mercury salts;
(h) Phosphorus (red or white except that red phosphorus is permissible in caps and party poppers);
(i) Picrates or picric acid;
(j) Thiocyanates;
(k) Titanium, except in particle size greater than 100-mesh; or
(l) Airconium.
2. Firecrackers;
3. Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge;
4. Roman candles, including all devices which discharge balls of fire into the air;
5. Chasers, including all devices which dart or travel about the surface of the ground during discharge;
6. Sparklers more than ten inches in length or one-fourth of an inch in diameter;
7. 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;
8. 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;
9. Torpedoes of all kinds which explode on impact;
10. Fireworks kits; and
11. Such other fireworks examined and tested by the State Fire Marshal and determined by him or her, 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.
EXEMPT FIREWORKS. 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.
FIREWORKS. 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. The term FIREWORKS includes, but is 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.
LOTTERY. A random selection process conducted by the City Council at the second regularly scheduled Council meeting in March for the selection of nonprofits that will be issued permits to sell safe and sane fireworks. For 2014, the lottery will be held at the second regularly scheduled Council meeting in April.
NONPROFIT ORGANIZATION.
1. Any nonprofit association, charity, or corporation organized primarily for veteran, patriotic, welfare, civic betterment, youth activities or charitable purposes;
2. A group which is an integral part of a recognized nonprofit national organization; or
3. An organization affiliated with and officially recognized by an elementary, junior high, high school and/or school district that serves, in whole or in part, the residents of the city. All nonprofit organizations must be recognized by either the IRS or the State of California. Evidence of nonprofit status shall consist of a “letter of determination” from the IRS or recognition from the California Secretary of State. If this letter cannot be obtained, other evidence must be offered and the City Manager will determine its validity.
PERSON. Any individual, firm, partnership, joint venture, association, concern, corporation, state, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
PRINCIPAL AND PERMANENT MEETING PLACE. Shall include, but is not limited to, a permanent structure, playing field, geographic area, or service population, which resides in or is located within the City of Livingston.
SAFE AND SANE FIREWORKS (a.k.a. STATE APPROVED FIREWORKS). Any fireworks which do not come within the definition of “dangerous fireworks” or “exempt fireworks”.
(Ord. 611, passed 3-4-2014)