As used in this chapter, the following terms shall have the
meanings indicated:
FIREWORKS
Anything manufactured, processed or packaged for exploding,
emitting sparks or combustion which does not have another common use,
but does not include any of the following:
B.
A firearm cartridge or shotgun shell.
C.
A flare used or possessed or sold for use as a signal in an
emergency or in the operation of a railway, aircraft, watercraft or
motor vehicle.
D.
A match, cigarette lighter, stove, furnace, candle, lantern
or space heater.
E.
A cap containing not more than 1/4 grain of explosive mixture,
if the cap is used or possessed or sold for use in a device which
prevents direct bodily contact with a cap when it is in place for
explosion.
F.
A toy snake which contains no mercury.
H.
Tobacco and a tobacco product.
I.
A sparkler on a wire or wood stick not exceeding 36 inches in
length or 0.25 inch in outside diameter which does not contain magnesium,
chlorate or perchlorate.
J.
A device designed to spray out paper confetti or streamers and
which contains less than 1/4 grain of explosive mixture.
K.
A device designed to produce an audible sound but not explode,
spark, move or emit an external flame after ignition and which does
not exceed three grams in total weight.
L.
A device that emits smoke with no external flame and does not
leave the ground.
M.
A cylindrical fountain not exceeding 100 grams in total weight
with an inside tube diameter not exceeding 0.75 inch, designed to
sit on the ground and emit only sparks and smoke.
N.
A cone fountain not exceeding 75 grams in total weight, designed
to sit on the ground and emit only spark and smoke.
A parent or legal guardian whose minor child uses fireworks
is liable for damages caused by the minor's use of the fireworks.
No person shall use, explode, sell or give away within the City of Hayward any fireworks except a flare, cap, toy snake, sparkler or a device that emits smoke with no external flame and which does not leave the ground as defined in §
233-1 above, excepting for specific fireworks displays as authorized by the City Council for specific celebrations.
[Added 1-12-1998 by Ord. No. 361]
The Mayor and the Chief of Police are hereby authorized to grant
the use of fireworks for noncelebration purposes.