For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSUMER FIREWORKS. A small firework that is designed primarily to produce visible or audible effects by combustion, and that is required to comply with the construction, chemical composition, and labeling regulations promulgated by the Unites States Consumer Product Safety Commission under 16 CFR 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 and expelling charges consisting of a mixture of charcoal sulfur, and potassium nitrate are not considered to be designed to produce an audible effect. CONSUMER FIREWORKS include:
(1) Aerial devices, which include, but are not limited to, sky rockets, missile type rockets, helicopter or aerial spinners, roman candles, mines and shells;
(2) Ground audible devices, which include, but are not limited to, firecrackers, salutes and chasers; and
(3) Firework devices containing combinations of the effects described in divisions (1) and (2) above.
(4) CONSUMER FIREWORKS do not include the following fireworks as referenced in I.C. 22-11-4-8(a):
(a) Dipped sticks or wire sparklers. However, the total pryotechnic composition may not exceed 100 grams per item; and, devices containing chlorate or per chlorate salts may not exceed five grams per item;
(b) Cylindrical fountains;
(c) Cone fountains;
(d) Illuminating torches;
(e) Wheels;
(f) Ground spinners;
(g) Flitter sparklers;
(h) Snakes or glow worms;
(i) Smoke devices;
(j) Trick noisemakers that include party poppers, booby traps, snappers, trick matches, cigarette loads and auto burglar alarms.
(Ord. 07-04, passed 8-14-07)