§ 10-151. Definitions.

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

1.3G Fireworks shall mean those fireworks used for professional outdoor displays and classified as fireworks under UN0333, UN0334, or UN0335 by the United States Department of Transportation under 49 C.F.R. 172.101.

Chief shall mean the City of Effingham Fire Chief, or his designee.

Consumer fireworks shall mean those fireworks that must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Products Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and classified as fireworks UN0336 or UN0337 by the United States Department of Transportation under 49 C.F.R. 172.101. "Consumer fireworks" shall not include snake or glow worm pellets; smoke devices; trick noisemakers known as "party poppers", "booby traps", "snappers", "trick matches", "cigarette loads", and "auto burglar alarms"; sparklers; toy pistols, toy canes, toy guns or other devices in which paper or plastic caps containing twenty-five hundredths grains or less of explosive compound are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps that contain less than twenty hundredths grains of explosive mixture; the sale and use of which shall be permitted at all times.

Consumer fireworks display shall mean the detonation, ignition, or deflagration of consumer fireworks to produce a visual or audible effect.

Consumer fireworks display permit shall mean the permit issued by the chief authorizing the display of consumer fireworks within the corporate boundaries of the City of Effingham.

Display fireworks shall mean 1.3G or special effects fireworks or as further defined in the Pyrotechnic Distributor and Operator Licensing Act, 227 ILCS 21/1 et seq.

Flame effect shall mean the detonation, ignition, or deflagration of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether admission is charged, in accordance with the National Fire Protection Association 160 guidelines, and as may be further defined in the Pyrotechnic Distributor and Operator Licensing Act, 227 ILCS 21/1 et seq.

Lead pyrotechnic operator shall mean an individual who is responsible for the safety, setup, and discharges of the pyrotechnic display and who is licensed pursuant to the Pyrotechnic Distributor and Operator Licensing Act, 227 ILCS 21/1 et seq.

Permittee shall mean a person, corporation, firm, partnership, or association applying for a consumer fireworks display permit or pyrotechnic display permit as provided for herein.

Person shall mean an individual, firm, corporation, association, partnership, company, consortium, joint venture, or commercial entity.

Public exhibition shall mean any gathering of three (3) or more individuals over the age of eighteen (18) for the purposes of viewing any display or discharge of a consumer fireworks display or pyrotechnic display.

Public use shall mean the use of property for recreational parks or schools purposes by the general public.

Pyrotechnic display shall mean the detonation, ignition, or deflagration of display fireworks or flame effects to produce visual or audible effects of a exhibitional nature before the public, invitees, or licensees, regardless of whether admission is charged, and as may be further defined in the Pyrotechnic Distributor and Operator Licensing Act, 227 ILCS 21/1 et seq.

Pyrotechnic display permit shall mean the permit issued by the chief authorizing the display of display fireworks or flame effects within the corporate boundaries of the City of Effingham.

Special effects fireworks shall mean pyrotechnic devices used for special effects by professionals in the performing in conjunction with theatrical, musical, or other productions that are similar to consumer fireworks in chemical compositions and construction, but are not intended for consumer use and are not labeled as such or identified as "intended for indoor use". "Special effects fireworks" are classified as fireworks UN0431 or UN0432 by the United States Department of Transportation under 49 C.F.R. 172.101.

(Ord. No. 29-2006, § I, 5-17-2006)