Whenever, in this chapter, or in any resolution or standard adopted by the city council pursuant to this chapter, the following terms are used, they shall have the meaning ascribed to them in this section unless it is apparent from the context thereof that some other meaning is intended.
A. "Agricultural and wildlife fireworks"
has the same meaning ascribed to that term under Section 12503 of the California Health and Safety Code and shall mean fireworks designed and intended by the manufacturer to be used to prevent damage to crops or unwanted occupancy of areas by animals or birds through the employment of sound or light, or both.
B. "Dangerous fireworks"1. a. b. c. i. ii. iii. d. e. f. g. h. i. j. k. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.
has the same meaning ascribed to that term under Section 12505 of the California Health and Safety Code and includes, but is not limited to, all of the following:
Any fireworks which contain any of the following:
Arsenic sulfide, arsenates or arsenites.
Boron.
Chlorates, except:
In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included.
In caps and party poppers.
In those small items (such as ground spinners) wherein the total powder content does not exceed four grams, of which not greater than 15 percent (or 600 milligrams) is potassium, sodium or barium chlorate.
Gallates or gallic acid.
Magnesium (magnesium-aluminum alloys, called magnalium, are permitted).
Mercury salts.
Phosphorus (red or white except that red phosphorus is permissible in caps and party poppers).
Picrates or picric acid.
Thiocyanates.
Titanium, except in particle size greater than 100-mesh).
Zirconium.
Firecrackers.
Skyrockets, bottle rockets, model rockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge.
Roman candles, including all devices which discharge balls of fire into the air.
Chasers, including all devices which dart or travel about the surface of the ground during discharge.
Sparklers more than 10 inches in length or one-fourth of one inch in diameter.
All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls and trick matches.
Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this chapter.
Torpedoes of all kinds which explode on impact.
Fireworks kits.
Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.
C. "Exempt fireworks"
has the same meaning ascribed to that term under Section 12508 of the California Health and Safety Code and shall mean any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use or religious ceremonies when authorized by a permit granted by the authority having jurisdiction.
D. "Fire chief" or "chief"
shall mean the designated fire chief of the city, or his or her authorized representatives.
E. "Fireworks"
has the same meaning ascribed to that term under Section 12511 of the California Health and Safety Code and shall mean any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical or thermal effects which are useful as pyrotechnic devices or for entertainment. The term "fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, Roman candles, model rockets, rockets, Daygo bombs, sparklers, chasers, fountains, smoke sparks, aerial bombs and fireworks kits.
F. "Fireworks kits"
has the same meaning ascribed to that term under Section 12512 of the California Health and Safety Code and shall mean any assembly of materials or explosive substances which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled would come within the definition of "fireworks."
G. "Police chief"
shall mean the police chief of the county of San Bernardino, his or her designated deputy acting as the police chief of the city of Highland, or his or her authorized representatives.
H. "Public display of fireworks"
has the same meaning ascribed to that term under Section 12524 of the California Health and Safety Code and shall mean an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks.
I. "Pyrotechnic operator"
has the same meaning ascribed to that term under Section 12527 of the California Health and Safety Code and shall mean any licensed pyrotechnic operator, who by examination, experience and training has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted.
J. "Pyrotechnic special effects material"
shall mean low explosive materials, other than detonating cord, commonly used in motion picture, television, theatrical or group entertainment production for which a permit from the chief is required for use or storage.
K. "Safe and sane fireworks"
has the same meaning ascribed to that term under Section 12529 of the California Health and Safety Code and shall mean any fireworks which do not come within the definition of "dangerous fireworks" or "exempt fireworks."
(Ord. 377 § 2, 2013; Ord. 444 § 2, 2020)
