§ 38-151. Definitions.

(a)

For purposes of this article, the term "fireworks" shall mean and include any combustible or explosive composition or substance or combination of substances or, except as provided in this article, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. The term includes blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, dago bombs, and any fireworks containing any explosive or flammable compound or any tablets or other device containing any explosive substance.

(b)

The term "fireworks" shall not include sparklers approved by the state fire marshal pursuant to F.S. § 791.013; toy pistols, toy canes, toy guns or other devices in which paper caps containing 25/100 grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper caps which contain less than 20/100 grain of explosive mixture, the sale and use of which shall be permitted at all times.

(c)

The term "fireworks" shall not include the following novelties and trick noisemakers:

(1)

A snake or glow worm which is a pressed pellet of not more than ten grams of pyrotechnic composition that produces a large, snake-like ash which expands in length as the pellet burns and that does not contain mercuric thiocyanate.

(2)

A smoke device, which is a tube or sphere containing not more than ten grams of pyrotechnic composition that, upon burning, produces white or colored smoke as the primary effect.

(3)

A trick noisemaker, which is a device that produces a small report intended to surprise the user and which includes:

a.

A party popper, which is a small plastic or paper device containing not more than 16 milligrams of explosive composition that is friction sensitive, which is ignited by pulling a string protruding from the device, and which expels a paper streamer and produces a small report.

b.

A booby trap, which is a small tube with a string protruding from both ends containing not more than 16 milligrams of explosive compound, which is ignited by pulling the ends of the string and which produces a small report.

c.

A snapper, which is a small paper-wrapped device containing not more than four milligrams of explosive composition coated on small bits of sand, and which, when dropped, explodes, producing a small report. A snapper may not contain more than 250 milligrams of total sand and explosive composition.

d.

A trick match, which is a kitchen or book match which is coated with not more than 16 milligrams of explosive or pyrotechnic composition and which, upon ignition, produces a small report or shower of sparks.

e.

A cigarette load, which is a small wooden peg that has been coated with not more than 16 milligrams of explosive composition and which produces, upon ignition of a cigarette containing one of the pegs, a small report.

f.

An auto burglar alarm, which is a tube containing not more than ten grams of pyrotechnic composition that produces a loud whistle or smoke when ignited and which is ignited by the use of a squib. The auto burglar alarm shall not use more than 50 milligrams of explosives to produce a small report.

(d)

For purposes of this article, the term "sparkler" means a device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is handheld or ground-based, cannot propel itself through the air, and contains not more than 100 grams of the chemical compound, which produces sparks upon burning. Any sparkler that is not approved by the state fire marshal is classified as fireworks.

(Code 1961, § 15-49; Code 1985, § 13-8(a)—(d); Ord. No. 2405, § 1, 10-5-93; Ord. No. 2640, § 1, 8-27-96; Ord. No. 2772, § 2, 8-19-97)

Cross reference

Definitions generally, § 1-2.