For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY MANAGER. Shall mean the City Manager or designee.
DANGEROUS FIREWORKS. Every fireworks article which does not bear the safe and sane classification label and as further defined in Cal. Health & Safety Code §§ 12505 and 12561.
EXEMPT FIREWORKS. As defined in Cal. Health & Safety Code § 12508 means 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 that are capable of burning independently off of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices for entertainment. The term 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.
FIREWORKS STAND. Any building, counter, or other structure of a temporary nature used in the sale, offering for sale, or display for sale of safe or sane fireworks.
FIREWORKS WHOLESALER. Any person, other than an importer, exporter or manufacturer selling directly to wholesalers, who sells fireworks to a retailer or any other person for resale.
PERMIT. A certificate issued by the city that allows a qualified applicant to temporarily sell fireworks pursuant to the regulations set forth. A permit does not confer to any property rights and the city at its sole discretion, without notice or opportunity for a hearing, may revoke the permit.
PERMITTEE. Any applicant that has met the eligibility requirements and has been issued a permit for the sale of safe and sane fireworks, or a City Council approved state licensed pyrotechnic operator as defined under Cal. Health & Safety Code § 12578.
PROGRAM ADMINISTRATOR. The City Manager's designated department or division staff member that is assigned the responsibilities to administer the fireworks sales program.
SAFE AND SANE FIREWORKS. As defined in Cal. Health & Safety Code §§ 12529 and 12562 means any fireworks which do not come within the definition of DANGEROUS FIREWORKS or EXEMPT FIREWORKS.
(Ord. 2018-007, passed 12-11-18)