For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(A) "FIREWORKS." Any composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration, detonation or ignition.
(B) "CONSUMER FIREWORKS." Fireworks that are suitable for use by the public which are designed primarily to produce visible and audible effects by combustion, deflagration, detonation or ignition, and contain fifty (50) milligrams ("mg.") or less of explosive composition, and if an aerial device, contains one hundred thirty (130) mg. or less of explosive composition which comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission. Such fireworks include, but are not limited to, the following:
(1) Ground and hand-held sparkling devices.
(a) Dipped stick-sparkler or wire sparkler. Consists of a metal wire or wood dowel that has been coated with pyrotechnic composition, which upon ignition, produces a shower of sparks. Sparklers may contain up to one hundred (100) grams of pyrotechnic composition per item. Those devices containing any perchlorate or chlorate salts may not exceed five (5) grams of pyrotechnic composition per item. Wire sparklers which contain no magnesium and which contain less than one hundred (100) grams of composition per item are not included in this category, in accordance with Department of Transportation regulations.
(b) Cylindrical fountain. Cylindrical tube containing not more than seventy-five (75) grams of pyrotechnic composition, where upon ignition, a shower of colored sparks, and sometimes a whistling or smoking effect, is produced. This device may be provided with a spike for insertion into the ground (spike fountain), a wood or plastic base for placing on the ground (base fountain), or a wood or cardboard handle, if intended to be hand-held (handle fountain). When more than one (1) tube is mounted on a common base, total pyrotechnic composition may not exceed two hundred (200) grams, or five hundred (500) grams if the tubes are separated from each other on the base by a distance of at least one-half (1/2) inch.
(c) Cone fountain. Cardboard or heavy paper cone containing up to fifty (50) grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. When more than one (1) cone is mounted on a common base, the total pyrotechnic composition may not exceed two hundred (200) grams, or five hundred (500) grams if the tubes are separated from each other on the base by a distance of at least one-half (1/2) inch.
(d) Illuminating torch. Cylindrical tube containing up to one hundred (100) grams of pyrotechnic composition. Upon ignition, colored fire is produced. May be spike, base or handheld. When more than one (1) tube is mounted on a common base, total pyrotechnic composition may not exceed two hundred (200) grams, or five hundred (500) grams if the tubes are separated from each other on the base by a distance of at least one-half (1/2) inch.
(e) Wheel. A pyrotechnic device attached to a post or tree by means of a nail or string. A wheel may have one (1) or more drivers, each of which may contain not more than sixty (60) grams of pyrotechnic composition. No wheel may contain more than two hundred (200) grams, total pyrotechnic composition. Upon ignition, the wheel revolves, producing a shower of color and sparks and, sometimes, a whistling effect.
(f) Ground spinner. Small device containing not more than twenty (20) grams of pyrotechnic composition, similar in operation to a wheel but intended to be placed on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device.
(g) Flitter sparkler. Narrow paper tube attached to a stick or wire and filled with not more than one hundred (100) grams of pyrotechnic composition that produces color and sparks upon ignition. The paper at one (1) end of the tube is ignited to make the device function.
(h) Toy smoke device. Small plastic or paper item containing not more than one hundred (100) grams of pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
(2) Aerial devices.
(a) Sky rockets and bottle rockets. Cylindrical tube containing not more than twenty (20) grams of pyrotechnic composition. Sky rockets contain a wood stick for guidance and stability and rise into the air upon ignition. A burst of color or noise or both is produced at the height of flight.
(b) Missile-type rocket. A device similar to a sky rocket in size, composition, and effect that uses fins rather than a stick for guidance and stability.
(c) Helicopter/aerial spinner. A tube containing up to twenty (20) grams of pyrotechnic composition. A propeller or blade is attached, which, upon ignition, lifts the rapidly spinning device into the air. A visible or audible effect is produced at the height of flight.
(d) Roman candles. Heavy paper or cardboard containing up to twenty (20) grams of pyrotechnic composition. Upon ignition, up to ten (10) "STARS" (pellets of pressed pyrotechnic composition that burn with bright color) are individually expelled at several second intervals.
(e) Mine, shell. Heavy cardboard or paper tube usually attached to a wood or plastic base and containing up to sixty (60) grams of total chemical composition (lift charge, burst charge, and visible or audible effect). Upon ignition, "stars," components producing reports containing up to one hundred thirty (130) mg. of explosive composition per report, or other devices are propelled into the air. The term "MINE" refers to a device with no internal components containing a bursting charge, and the term "SHELL" refers to a device that propels a component that subsequently bursts open in the air. A mine or shell device may contain more than one (1) tube provided the tubes fire in sequence upon ignition of one (1) external fuse. The term "CAKE" refers to a dense-packed collection of mine or shell tubes. Total chemical composition including lift charges of any multiple tube devices may not exceed two hundred (200) grams. The maximum quantity of lift charge in any one (1) tube of a mine or shell device shall not exceed twenty (20) grams, and the maximum quantity of break or bursting charge in any component shall not exceed twenty-five percent (25%) of the total weight of chemical composition in the component. The tube remains on the ground.
(f) Aerial shell kit/reloadable tube. A package kit containing a cardboard, high-density polyethylene (HDPE), or equivalent launching tube with multiple-shot aerial shells. Each aerial shell is limited to a maximum of sixty (60) grams of total chemical composition (lift charge, burst charge, and visible or audible effect composition), and the maximum diameter of each shell shall not exceed one and three-fourths (1-3/4) inches. In addition, the maximum quantity of lift charge in any shell shall not exceed twenty (20) grams, and the maximum quantity of break or bursting charge in any shell shall not exceed twenty-five percent (25%) of the total weight of chemical composition in the shell. The total chemical composition of all the shells in a kit, including lift charge, shall not exceed four hundred (400) grams. The user lowers a shell into the launching tube, at the time of firing, with the fuse extending out of the top of the tube. After the firing, the tube is then reloaded with another shell for the next firing. All launching tubes shall be capable of firing twice the number of shells in the kit without failure of the tube. Each package of multiple-shot aerial shells must comply with all warning label requirements of the Consumer Product Safety Commission.
(3) Audible ground devices.
(a) Firecrackers/salutes. Small paper-wrapped or cardboard tube containing not more than fifty (50) mg. of pyrotechnic composition. Those used in aerial devices may contain not more than one hundred thirty (130) mg. of explosive composition per report. Upon ignition, noise and a flash of light is produced.
(b) Chaser. Small paper or cardboard tube that travels along the ground upon ignition. A whistling effect, or other noise, is often produced. The explosive composition used to create the noise may not exceed fifty (50) mg.
(C) "DISPLAY FIREWORKS." Large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, detonation or ignition. This term includes, but is not limited to, firecrackers containing more than two (2) grains (130 mg.) of explosive composition, aerial shells containing more than forty (40) grams of pyrotechnic composition, and other display pieces which exceed the limits for classification as "CONSUMER FIREWORKS." Such definition meets the Consumer Product Safety Commission definition for display fireworks in 16 CFR Pts. 1500 and 1507 and are classified as Class B explosives by the U.S. Department of Transportation.
(D) "SMOKE DEVICES." Tube or sphere containing pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
(E) "SNAKES/GLOW WORMS." Pressed pellet of pyrotechnic compositions that produces a large, snake-like ash upon burning. The ash expands in length as the pellet burns. Such devices may NOT contain mercuric thiocyanate.
(F) "TRICK NOISEMAKERS." Item that produces a small report intended to surprise the user. These devices include:
(1) Party popper. Small plastic or paper item containing not more than sixteen (16) mg. of explosive composition, that is friction sensitive. A string protruding from the device is pulled to ignite it, expelling paper streamers and producing a small report.
(2) Booby trap. Small tube with string protruding from both ends, similar to a party popper in design. The ends of the string are pulled to ignite the friction sensitive composition, producing a small report.
(3) Snapper. Small, paper-wrapped item containing a minute quantity of explosive composition coated on small bits of sand. When dropped, the device explodes, producing a small report.
(4) Trick match. Kitchen or book match that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match a small report or a shower of sparks is produced.
(5) Cigarette load. Small wooden peg that has been coated with a small quantity of explosive composition. Upon ignition of a cigarette containing one (1) of the pegs, a small report is produced.
(6) Auto burglar alarm. Tube which contains pyrotechnic composition that produces a loud whistle or smoke, or both, when ignited. A small quantity of explosive, not exceeding fifty (50) mg. may also be used to produce a small report. A squib is used to ignite the device.
(G) "WIRE SPARKLER." Wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. These items may NOT contain magnesium and must not exceed one hundred (100) grams of pyrotechnic composition per item. Devices containing any chlorate or perchlorate salts may not exceed five (5) grams of pyrotechnic composition per item.
(Ord. 4-2011, passed 5-9-11) Penalty, see § 92.99