§ 130.155 DEFINITIONS.
   For the purpose of §§ 130.155 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AERIAL SPINNER. A tube venting out the fuse end of the tube that contains chemical composition with a propeller or blade attached that spins rapidly as it rises into the air with a visible or audible effect sometimes produced at or near the height of flight.
   APPLICANT. The person issued a permit and the person responsible to the City of Raton as provided for in §§ 130.155 et seq.
   CHASER. A paper or cardboard tube venting out the fuse end of the tube that contains no more than 20 grams of chemical combustion and travels along the ground, often producing a whistling effect or other noise; an explosive composition not to exceed 50 milligrams may be included to produce a report.
   CHEMICAL COMPOSITION. Includes all pyrotechnic and explosive composition contained in a fireworks device, but does not include inert materials such as clay used for plugs or organic material such as rice hulls used for density control.
   CLERK. The Municipal Clerk/Treasurer of the City of Raton.
   COMMISSION. The Commission of the City of Raton.
   CONE FOUNTAIN. A cardboard or heavy paper cone containing no more than 50 grams of pyrotechnic composition that has the same effect as a cylindrical fountain; and when more than 1 cone is mounted on a common base, total pyrotechnic composition shall not exceed 200 grams.
   CRACKING DEVICE. A sphere or paper tube that contains no more than 20 grams of pyrotechnic composition that produces a flash of light and a mild, audible crackling effect upon ignition, which effect is not considered to be an explosion; CRACKLING DEVICES are not subject to the 50 milligram limit of firecrackers.
   CYLINDRICAL FOUNTAIN. A cylindrical tube containing not more than 75 grams of pyrotechnic composition that produces a shower of colored sparks and sometimes a whistling effect or smoke; the device may be provided with a spike for insertion into the ground or a wood or plastic base for placing on the ground on a wood or cardboard handle to be hand held; and when more than 1 tube is mounded on a common base, total pyrotechnic composition shall not exceed 200 grams.
   DISPLAY DISTRIBUTOR. Any person, firm, or corporation selling display fireworks.
   DISPLAY FIREWORKS. Devices primarily intended for commercial displays that are designed to produce visible or audible effects by combustion, deflagration, or detonation, including salutes containing more than 130 milligrams of explosive composition; aerial shells containing more than 40 grams of chemical composition exclusive of lift charge; and other exhibition display items that exceed the limits for permissible fireworks.
   EXPLOSIVE COMPOSITION. Any chemical compound or mixture, the primary purpose of which function by explosion, producing an audible effect in fireworks device.
   FIRE CHIEF. The City of Raton Fire Chief or his or her designated representative.
   FIRECRACKER. A small, paper-wrapped or cardboard tube containing no more than 50 milligrams of explosive composition that procedures noise and a flash of light. FIRECRACKERS used in aerial devices may contain up to 130 milligrams of explosive composition per report.
   FIREWORKS. Devices intended to produce a visible or audible effect by combustion, deflagration, or detonation and are categorized as “permissible fireworks,” “prohibited fireworks,” or “display fireworks.”
   FLITTER SPARKLER. A narrow paper tube attached to a stick or wire and filled with no more than 5 grams of pyrotechnic composition that produces color and sparks with no more than 5 grams of pyrotechnic composition that produces color and sparks upon ignition and the paper at 1 end of the tube is ignited to make the device function.
   GROUND SPINNER. A small, rapidly spinning device containing no more than 20 grams of pyrotechnic composition venting out an orifice usually on the side of the tube that when ignited produces a shower of sparks and color. GROUND SPINNER is similar in operation to wheel, but is intended to be placed flat on the ground and ignited.
   HELICOPTER. A tube containing chemical composition with a propeller or blade attached that spins rapidly as it raises into the air with a visible or audible effect sometimes produced at or near the height of flight.
   ILLUMINATING TORCH. A cylindrical tube containing no more than 100 grams of pyrotechnic composition that produces a colored flame upon ignition and may be spiked, based, or hand held; and when more than 1 tube is mounted on a common base, total pyrotechnic composition shall not exceed 200 grams.
   MINE; SHELL. A heavy cardboard or paper tube usually attached to a wooden or plastic base containing chemical composition plus lift charge per tube that individually expels pellets of pressed pyrotechnic composition that burn with bright colors in a star effect, or other devices propelled into the air, and that contains components producing reports; a mine may contain more than 1 tube.
   MISSILE-TYPE ROCKET. A device similar to a stick-type rocket in size, composition, and effect that uses fins rather than a stick for guidance and stability.
   PERMISSIBLE FIREWORKS. Fireworks legal for sale to and use in New Mexico by the general public.
   PORTABLE BUILDINGS. Any structure, tent, trailer, or vehicle which is of temporary nature or design which is used separately or together for the retail sale of fireworks to the general public. Any tent intended for use as a sales location shall comply with rules adopted by the State Fire Marshal.
   PROHIBITED FIREWORKS. Fireworks which are not legal for sale or possession within the municipality.
   PYROTECHNIC COMPOSITION. A chemical mixture that on burning and without explosion produces visible or brilliant displays or bright lights or whistles or motion.
   ROMAN CANDLE. A heavy paper or cardboard tube containing chemical composition that individually expels pellets of pressed pyrotechnic composition that burn with bright color in a star effect.
   STATUTE. For the purposes of §§ 130.155 et seq., refers to the State of New Mexico Fireworks Licensing and Safety Act beginning at NMSA § 60-2C-1.
   STICK-TYPE ROCKET. A cylindrical tube containing chemical composition with a wooden stick attached for guidance and stability that rises into the air upon ignition and produces a burst of color or sound at or near the height of flight.
   TOY SMOKE DEVICE. A small plastic or paper item containing no more than 100 grams of pyrotechnic composition that produces white or colored smoke as the primary effect.
   VENDOR. Any person or business engaged in the retail sale of fireworks to the general public.
   WHEEL. A pyrotechnic device that is made to attach to a post or other surface that revolves, producing a shower of color and sparks and sometimes a whistling effect, and that may have 1 or more drivers, each of which contains no more than 60 grams of pyrotechnic composition and the total wheel contains no more than 200 grams total pyrotechnic composition.
(Ord. 884, passed 8-11-1998)