§ 10-26. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Fireworks means and includes any combustible or explosive composition or any substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, cherry bombs, silver salutes, torpedoes, skyrockets, Roman candles, Dago bombs or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing any explosive substance, except that the term "fireworks" shall not include:

(1)

Sparklers, approved by the division of state fire marshal, any auto flares, and toy pistols, toy canes, toy guns or other devices in which paper caps containing twenty-five hundredths (0.25) grains or less of explosive compound are used.

(2)

The following novelties and trick noisemakers:

a.

A snake or glow worm, which is a pressed pellet of not more than ten (10) grams of pyrotechnic composition that produces a large, snakelike ash which expands in length as the pellet burns and that does not contain mercuric thiocyanate.

b.

A smoke device, which is a tube or sphere containing not more than ten (10) grams of pyrotechnic composition that, upon burning, produces white or colored smoke as the primary effect.

c.

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

1.

A party popper, which is a small plastic or paper device containing not more than sixteen (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.

2.

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

3.

A snapper, which is a small, paper-wrapped device containing not more than four (4) 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 two hundred fifty (250) milligrams of total sand and explosive composition.

4.

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

5.

A cigarette load, which is a small wooden peg that has been coated with not more than sixteen (16) milligrams of explosive composition and which produces, upon ignition of a cigarette containing one (1) of the pegs, a small report.

6.

An auto burglar alarm, which is a tube which contains not more than ten (10) grams of pyrotechnic composition that produces a loud whistle or smoke when ignited and which is ignited by use of a squib. A small quantity of explosive, not exceeding fifty (50) milligrams, may also be used to produce a small report.

The sale and use of items listed in this paragraph are permitted at all times.

Sparkler means a device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is hand-held or ground-based, cannot propel itself through the air, and contains not more than one hundred (100) grams of the chemical compound which produces sparks upon burning. Any sparkler not approved by the state is classified as fireworks.

(Ord. No. 86-4, § 1; Ord. No. 95-22, § 1, 11-6-95)

State law reference

Similar provisions, F.S. § 791.01.