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For the purpose of this chapter, the following words shall mean:

A. “Agricultural and wildlife fireworks” includes fireworks devices distributed to farmers, ranchers and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency.

B. “Articles pyrotechnic” means pyrotechnic devices for professional use, similar to consumer fireworks in chemical composition and construction but not intended for consumer use, which meet the weight and limits for consumer fireworks but which are not labeled as such, and which are classified as UNO431 or UNO432 by the United States Department of Transportation at 49 CFR 172.101 as of the effective date of the ordinance codified in this section.

C. “Consumer fireworks” means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 CFR Parts 1500 and 1507, and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing fifty milligrams or less of explosive materials, and aerial devices containing one hundred thirty milligrams or less of explosive materials, and classified as fireworks UNO336 by the United State Department of Transportation at 49 CFR 172.101 as of the effective date of the ordinance codified in this section, and not including fused setpieces containing components which together exceed fifty milligrams of salute powder.

D. “Display fireworks” means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation, and includes, but is not limited to, salutes containing more than two grains (one hundred thirty milligrams) of explosive materials, aerial shells containing more than forty grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as “consumer fireworks,” and are classified as fireworks UNO333, UNO334, or UNO335 by the United States Department of Transportation at 49 CFR 172.101 as of the effective date of the ordinance codified in this section, and including fused setpieces containing components which exceed fifty milligrams of salute powder.

E. “External packaging” means any materials that are not an integral part of the operative unit of the fireworks.

F. “Fireworks” means any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation, and which meets the definition of “articles pyrotechnic” or “consumer fireworks” or “display fireworks.”

G. “Permit” means the official permission granted by a city or county for the purpose of establishing and maintaining a place within the jurisdiction of the city or county where fireworks are manufactured, constructed, produced, packaged, stored, sold, or exchanged and the official authorization granted by a city or county for a public display of fireworks.

H. “Person” includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

I. “Public display of fireworks” means an entertainment feature where the public is or could be admitted or allowed to view the display or discharge of display fireworks.

J. “Pyrotechnic operator” includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging display fireworks.

K. “Retailer” includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user.

L. “Special effects” means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere, and designed and intended to produce an audible, visual, mechanical or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production, or live entertainment.

M. “Wholesaler” includes any person who sells fireworks to a retailer or any other person for resale and any person who sells display fireworks to public display licensees. (Ord. 3076-08 § 1, 2008; Ord. 2624-02 § 1, 2002; Ord. 1041-84 § 1, 1984.)