For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISTRIBUTOR. Any person engaged in the business of making sales of fireworks at wholesale in this state to any person engaged in the business of making sales or fireworks either as a jobber or as a retailer or both.
FIREWORKS. Any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration or detonation and which meets the definition of common or special fireworks set forth by the United States Department of Transportation in C.F.R. Title 49.
(1) COMMON FIREWORKS. 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 C.F.R. Title 16, small devices designed to produce audible effects such as whistling devices, ground devices containing 50 milligrams or less of explosive composition and aerial devices and firecrackers containing 130 milligrams or less of explosive composition. Class C explosives as classified by the United States Department of Transportation shall be considered COMMON FIREWORKS.
(2) DISPLAY FIREWORKS. Those materials manufactured exclusively for use in public exhibitions or displays of fireworks designed to produce visible or audible effects by combustion, deflagration or detonation. Includes, but is not limited to, firecrackers containing more than 130 milligrams of explosive composition, aerial shells containing more than 40 grams of explosive composition and other display pieces which exceed the limits for classification as common fireworks. Class B explosives as classified by the United States Department of Transportation shall be considered display fireworks. DISPLAY FIREWORKS shall be considered an explosive as defined in Neb. RS 28-1213 and shall be subject to Neb. RS 28-1213 to 28-1239, except that display fireworks may be purchased, received and discharged by the holder of an approved display permit issued pursuant to Neb. RS 28-1239.01.
(3) PERMITTED FIREWORKS. Only sparklers, Vesuvius fountains, spray fountains, torches, color fire cones, star and comet type color aerial shells without explosive charge for the purpose of making a noise, lady fingers, not to exceed seven-eighths of an inch in length or one-eighth inch in diameter, total explosive composition not to exceed 50 milligrams in weight, color wheels and any other fireworks approved under Neb. RS 28-1247.
JOBBER. Any person engaged in the business of making sales of fireworks at wholesale to any other person engaged in the business of making sales at retail.
RETAILER. Any person engaged in the business of making sales of fireworks at retail to consumers or to persons other than distributors or jobbers.
SALE. Includes barter, exchange or gift or offer therefor and each such transaction made by any person, whether as principal, proprietor, agent, servant or employee.
(1997 Code, § 7-401) (Ord. 8-88, passed 9-13-1988)
Statutory reference:
Related provisions, see Neb. RS 28-1241