For the purpose of this subchapter the following definitions shall apply unless context clearly indicates or requires a different meaning.
   “APARTMENT BUILDING COMMON AREAS.”  These areas shall include, but are not limited to, lobbies, corridors, stairways, and allowable areas of assembly such as club houses, recreation rooms, and sales offices.
   “COMPETENT DISPLAY OPERATOR.”  The person with the overall responsibility for the operation and safety of a fireworks display.  They shall hold a Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) License and have participated as an assistant in firing at least five public displays.
   “DWELLING.”  Any building which contains one or more dwelling units or any rooming unit, rooms, or area designed or used for sleeping purposes either as a primary use or use on casual occasions.  This term shall include, but not be limited to, a rooming house, hotels, motels, tourist homes, school dormitories, and apartment buildings.
   “DWELLING UNIT.”  Any group of rooms located within a building and forming a single housekeeping unit with facilities which are used or designed to be used for living, sleeping, cooking, or eating.
   “FIRE DEPARTMENT ACCESS ROAD.”  A road which is designed to allow fire department apparatus access, pursuant to § 92.04 , to a building or site.  Access roads shall be located and constructed in accordance with § 92.04 (A) through (F).
   “FIREWORKS.”  Any composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of “consumer fireworks” as defined in KRS 227.702 or “display” fireworks as defined in KRS 227.706 and as set forth in the United States Department of Transportation’s (DOT) hazardous materials regulations.
   “GARBAGE.”  Putrescible animal and vegetable matter accumulated by a family in a residence in the course of ordinary day to day living.
   “HOUSEHOLD RUBBISH.”  Waste material and trash, not to include garbage, normally accumulated by a family in a residence in the course of ordinary day to day living.
   “MULTIPLE STRUCTURES.”  Structures located on the same property but not connected by common construction.
   “NEW BUSINESS.”  A business that begins operations at a new location or that changes its use at an existing location.
   “OPEN BURNING.”  The burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the outdoor atmosphere without passing through a stack or chimney.
   “OWNER.”  Any person who alone, jointly, or severally with others:
      (1)   Shall have all or part of the legal title to any real property with or without accompanying actual possession thereof, or shall have all or part of the beneficiary ownership of any real property and a right to present use and enjoyment thereof, including a mortgage in possession; or
      (2)   Shall have charge, care, or control of any real property including but not limited to; owner, executor, administrator, trustee, guardian of the estate, real estate agent acting in managerial role, property manager, business manager, employee, landlords, tenants or anyone representing the entity.  Any such person thus representing the actual owner shall be bound to comply with the owner’s obligations under this chapter.
   “PERMANENT FIREWORKS ESTABLISHMENT.”  Any person, firm co-partnership, nonprofit, or corporation intending to sell “consumer fireworks”, as the primary source of business, that is not a seasonal retailer as defined in this section.
   “PUTRESCIBLE.”  Having the ability to become putrid.
   “RECREATIONAL OR CEREMONIAL PURPOSES.”  A fire not more than five feet (1,524 mm) by five feet (1,524 mm) by five feet (1,524 mm) in dimensions and shall not burn longer than three hours.  The size and duration of said fire shall only be increased by the Fire Chief or his designee when it is determined that fire safety requirements for the situation and the desirable duration of burn warrant the increase.  Fuel for said fire shall consist only of seasoned dry firewood and shall be ignited with a small quantity of paper.  The fire shall not be used for waste disposal purposes and the fuel shall be chosen to minimize the generation of air contaminants.
   “RED FLAG WARNING.”  A term used by fire-weather forecasters to call attention to limited weather conditions of particular importance that may result in extreme burning conditions. It is issued when it is an on-going event or the fire weather forecaster has a high degree of confidence that red flag criteria will occur within 24 hours of issuance.  Red flag criteria occurs whenever a geographical area has been in a dry spell for a week or two, or for a shorter period, if before spring green-up or after fall color.
   “ROOMING UNIT.”  Any room which is designed or used for sleeping purposes.  This term may include a room in a rooming house, a hotel, a motel, tourist home, a school dormitory, or an apartment building which may or may not have some additional facilities for eating or cooking contained therein.
   “SEASONAL RETAILER.”  Any person, firm co-partnership, nonprofit, or corporation intending to sell “consumer fireworks” BETWEEN June 10 and July 7, or December 26 and January 4 of each year or both, and shall include permanent businesses, temporary businesses, stores, stands, or tents.
   “SILVICULTURAL.”  The practice of cultivating trees, forestry.
   “TENANT.”  Any individual, company, partnership, trustee or any other entity that occupies a structure.
(Ord. 2012-1574, passed 5-10-12; Am. Ord. 2019-1774, passed 4-25-19)