§ 94.21 DEFINITION.
   (A)   CONSUMER FIREWORK means a small firework that is designed primarily to produce visible effects by combustion, and that is required to comply with the construction, chemical composition and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C.F.R. part 1507. The term also includes some small devices designed to produce an audible effect, such as whistling devices, ground devices containing 50 milligrams or less of explosive composition and aerial devices containing 130 milligrams or less of explosive composition. Propelling or expelling charges consisting of a mixture of charcoal, sulfur and potassium nitrate are not considered as designed to produce an audible effect.
   (B)   CONSUMER FIREWORKS include:
      (1)   Aerial devices, which include sky rockets, missile type rockets, helicopter or aerial spinners, Roman candles, mines and shells;
      (2)   Ground audible devices, which include firecrackers, salutes and chasers; and
      (3)   Firework devices containing combinations of the effects described in divisions (B)(1) and (B)(2) above.
   (C)   CONSUMER FIREWORKS do not include:
      (1)   Dipped sticks or wire sparklers. However, total pyrotechnic composition may not exceed 100 grams per item. Devices containing chlorate or perchlorate salts may not exceed five grams in total composition per item;
      (2)   Cylindrical fountains;
      (3)   Cone fountains;
      (4)   Illuminating torches;
      (5)   Wheels;
      (6)   Ground spinner;
      (7)   Flitter sparklers;
      (8)   Snakes or glow worms;
      (9)   Smoke devices; and
      (10)   Trick noisemakers, which include party poppers, booby traps, snappers, trick matches, cigarette loads and auto burglar alarms.
   (D)   The use, discharge or ignition of all other fireworks are governed by state statutes.
(Ord. 2007-9, passed 10-15-2007)