The following fireworks devices are unlawful and prohibited under this code and by any license issued under this code:
(1) 
Any fireworks devices, except for firecrackers, salutes, chasers, skyrockets and missile-type rockets not otherwise prohibited and as restricted in this article, including kits and components intended to produce such fireworks banned under 15 U.S.C. 1261 through 1274 as amended by the Child Protection Act of 1966 (PL 89-756), the Child Protection and Toy Safety Act of 1969 (PL 91-133) and the Poison Prevention Packaging Act of 1970 (PL 91-601), and all applicable requirements of 16 CFR Part 1500 et seq. (as amended through September 7, 1999).
(2) 
Any firecrackers designed to produce audible effects, if the audible effect is produced by a charge of more than 50 milligrams (0.772 grains) of pyrotechnic composition (not including fire-crackers included as components of a rocket), aerial bombs, and devices that may be confused with candy or other foods, such as “dragon eggs,” and “cracker balls” (also known as “balltype caps”), and including kits and components intended to produce such fireworks.
(3) 
Any fireworks devices intended to produce audible effects (including but not limited to cherry bombs, M-80 salutes, silver salutes, and other large firecrackers, aerial bombs, and other fireworks devices designed to produce audible effects, and including kits and components intended to produce such fireworks) if the audible effect is produced by a charge of more than two grains of pyrotechnic composition.
(4) 
Reloadable tube aerial shell fireworks devices that use shells larger than one and three-fourths inches in outer diameter and that are imported on or after October 8, 1991.
(5) 
Multiple-tube mine and shell fireworks devices that first enter commerce or are imported on or after March 26, 1997, that have any tube measuring one and one-half inches (3.8 cm) or more in inner diameter, and that have a minimum tip angle less than 60 degrees when tested in accordance with the procedure of 16 CFR 1507.12.
(6) 
Provided, that nothing in this section shall render any activity unlawful with respect to any fireworks devices identified in subsections (1) through (3) of this section which meet all of the following conditions:
(a) 
The fireworks devices are distributed to farmers, ranchers, or growers through a wildlife management program administered by the U.S. Department of the Interior (or by equivalent State or local government agencies); and
(b) 
Such distribution is in response to a written application describing the wildlife management problem that requires use of such devices, is of a quantity no greater than required to control the problem described, and is where other means of control are unavailable or inadequate.
(Ord. 52 § 5.1, 5-4-2012 (Res. 2012-204); Res. 2025-302)
It shall be unlawful and prohibited under this code for any person to transport, possess, discharge or offer for sale any fireworks devices which fail to comply with the requirements of this section:
(1) 
Chemicals. Fireworks devices shall not contain any of the following chemicals:
(a) 
Arsenic sulfide, arsenates, or arsenites.
(b) 
Boron.
(c) 
Chlorates, except:
(i) 
In colored smoke mixtures in which an equal or greater amount of sodium bicarbonate is included.
(ii) 
In caps and party poppers.
(iii) 
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.
(d) 
Gallates or gallic acid.
(e) 
Magnesium (magnesium/aluminum alloys, called magnalium, are permitted).
(f) 
Mercury salts.
(g) 
Phosphorus (red or white). Except that red phosphorus is permissible in caps and party poppers.
(h) 
Picrates or picric acid.
(i) 
Thiocyanates.
(j) 
Titanium, except in particle size greater than 100-mesh.
(k) 
Zirconium.
(2) 
Fuses.
(a) 
Fireworks devices that require a fuse shall:
(i) 
Utilize only a fuse that has been treated or coated in such manner as to reduce the possibility of side ignition. Devices such as ground spinners that require a restricted orifice for proper thrust and contain less than six grams of pyrotechnic composition are exempted from 16 CFR 1507.3(a)(1).
(ii) 
Utilize only a fuse which will burn at least three seconds but not more than nine seconds before ignition of the device.
(b) 
The fuse shall be securely attached so that it will support either the weight of the fire-works device plus eight ounces of dead weight or double the weight of the device, whichever is less, without separation from the fireworks device.
(3) 
Bases. The base or bottom of fireworks devices that are operated in a standing upright position shall have the minimum horizontal dimensions or the diameter of the base equal to at least one-third of the height of the device including any base or cap affixed thereto.
(4) 
Pyrotechnic Leakage. The pyrotechnic chamber in fireworks devices shall be sealed in a manner that prevents leakage of the pyrotechnic composition during shipping, handling, and normal operation.
(5) 
Burnout and Blowout. The pyrotechnic chamber in fireworks devices shall be constructed in a manner to allow functioning in a normal manner without burnout or blowout.
(6) 
Handles and Spikes.
(a) 
Fireworks devices which are intended to be handheld and are so labeled shall incorporate a handle at least four inches in length (see 16 CFR 1500.14(b)(7)). Handles shall remain firmly attached during transportation, handling and full operation of the device, or shall consist of an integral section of the device at least four inches below the pyrotechnic chamber.
(b) 
Spikes provided with fireworks devices shall protrude at least two inches from the base of the device and shall have a blunt tip not less than one-eighth-inch in diameter or one-eighth-inch square.
(7) 
Wheel Devices. Drivers in fireworks devices commonly known as “wheels” shall be securely attached to the device so that they will not come loose in transportation, handling, and normal operation. Wheel devices intended to operate in a fixed location shall be designed in such a manner that the axle remains attached to the device during normal operation.
(8) 
Toy Smoke Devices and Flitter Devices.
(a) 
Toy smoke devices shall be so constructed that they will neither burst nor produce external flame (excluding the fuse and firstfire upon ignition) during normal operation.
(b) 
Toy smoke devices and flitter devices shall not be of such color and configuration so as to be confused with banned fireworks devices such as M-80 salutes, silver salutes, or cherry bombs.
(c) 
Toy smoke devices shall not incorporate plastic as an exterior material if the pyrotechnic composition comes in direct contact with the plastic.
(9) 
Rockets with Sticks. Rockets with sticks (including skyrockets and bottle rockets) shall utilize a straight and rigid stick to provide a direct and stable flight. Such sticks shall remain straight and rigid and attached to the driver so as to prevent the stick from being damaged or detached during transportation, handling, and normal operation.
(10) 
Party Poppers. Party poppers (also known by other names such as “Champagne Party Poppers,” and “Party Surprise Poppers”) shall not contain more than one-fourth grains of pyrotechnic composition. Such devices may contain soft paper or cloth inserts provided any such inserts do not ignite during normal operation.
(11) 
Multiple-Tube Fireworks Devices.
(a) 
Application. Multiple-tube mine and shell fireworks devices with any tube measuring one and one-half inches (3.8 cm) or more in inside diameter and subject to 16 CFR 1500.17(a)(12) shall not tip over when subjected to the tip-angle test described in this section.
(b) 
Testing Procedure. The device shall be placed on a smooth surface that can be inclined at 60 degrees from the horizontal. The height and width of the inclined plane (not including the portion of the plane below the mechanical stop) shall be at least one inch (2.54 cm) greater than the largest dimension of the base of the device to be tested. The test shall be conducted on a smooth, hard surface that is horizontal as measured by a spirit level or equivalent instrument. The mechanical stop on the inclined plane shall be one-sixteenth inch (1.6 mm) in height and perpendicular to the inclined plane. The stop shall be positioned parallel to the bottom edge of the inclined plane and so that no portion of the device to be tested or its base touches the horizontal surface. The device shall not tip over when the plane is inclined at 60 degrees from the horizontal. The procedure shall be repeated for each edge of the device.
(Ord. 52 § 5.2, 5-4-2012 (Res. 2012-204); Res. 2025-302)
It shall be unlawful and prohibited under this code for any person to transport, possess, discharge or offer for sale any fireworks devices which are not labeled in the manner set forth in any subsection of this section:
(1) 
Fountains. WARNING (OR CAUTION). FLAMMABLE (OR EMITS SHOWERS OF SPARKS, if more descriptive). Use only under [close] adult supervision. (Use of the word close is optional.) For outdoor use only. Place on level surface. Light fuse and get away.
(2) 
California Candles. WARNING (OR CAUTION) EMITS SHOWERS OF SPARKS. Use only under [close] adult supervision. (Use of the word close is optional.) For outdoor use only. Hold in hand at bottom of tube. Point away from body so that neither end points toward body.
(3) 
Spike and Handle Cylindrical Fountains.
(a) 
Spike Fountains. WARNING (OR CAUTION) EMITS SHOWERS OF SPARKS. Use only under [close] adult supervision. (Use of the word close is optional.) For outdoor use only. Stick firmly in ground in an upright position. Do not hold in hand. Light fuse and get away.
(b) 
Handle Fountains. WARNING (OR CAUTION) EMITS SHOWERS OF SPARKS. Use only under [close] adult supervision. (Use of the word close is optional.) For outdoor use only. Hold in hand – point away from body. Light fuse.
(4) 
Roman Candles. WARNING (OR CAUTION) SHOOTS FLAMING BALLS. Use only under [close] adult supervision. (Use of the word close is optional.) For outdoor use only. Stick butt end in ground. Do not hold in hand. Light fuse and get away.
(5) 
Rockets with Sticks. WARNING (OR CAUTION) FLAMMABLE. Use only under [close] adult supervision. (Use of the word close is optional.) For outdoor use only. Place in wooden trough or iron pipe at 75-degree angle, pointing away from people or flammable material. Do not hold in hand. Light fuse and get away.
(6) 
Wheels. WARNING (OR CAUTION) FLAMMABLE (OR EMITS SHOWERS OF SPARKS, if more descriptive). Use only under [close] adult supervision. (Use of the word close is optional.) For outdoor use only. Attach securely by means of a nail through the hole (or place on hard flat surface, for ground spinners). Light fuse and get away.
(7) 
Illuminating Torches. WARNING (OR CAUTION) FLAMMABLE (OR EMITS SHOWERS OF SPARKS, if more descriptive). Use only under [close] adult supervision. (Use of the word close is optional.) For outdoor use only. Hold in hand – point away from body, clothing, or other flammable material (or place upright on level ground. Do not hold in hand, if more descriptive). Light fuse (or light fuse and get away, if more descriptive).
(8) 
Sparklers. On the front and back panels: WARNING (OR CAUTION) FLAMMABLE. On the side, front, back, top, or bottom panel: CAUTION. Use only under [close] adult supervision. (Use of the word close is optional.) For outdoor use only. Do not touch glowing wire (or do not touch hot plastic, wood, etc., if more descriptive). Hold in hand with arm extended away from body. Keep burning end or sparks away from wearing apparel or other flammable material.
(9) 
Mines and Shells. WARNING (OR CAUTION) EMITS SHOWERS OF SPARKS (OR SHOOTS FLAMING BALLS, if more descriptive). Use only under [close] adult supervision. (Use of the word close is optional.) For outdoor use only. Place on hard smooth surface (or place upright on level ground, if more descriptive). Do not hold in hand. Light fuse and get away.
(10) 
Whistles Without Report. WARNING (OR CAUTION) FLAMMABLE. SHOOTS WHISTLE IN AIR (if applicable). Use only under [close] adult supervision. (Use of the word close is optional.) For outdoor use only. Do not hold in hand. Light fuse and get away.
(11) 
Toy Smoke Devices and Flitter Devices. WARNING (OR CAUTION) FLAMMABLE (OR EMITS SHOWERS OF SPARKS, if more descriptive). Use only under [close] adult supervision. (Use of the word close is optional.) For outdoor use only. Do not hold in hand. Light fuse and get away.
(12) 
Helicopter-Type Rockets. WARNING (OR CAUTION) FLAMMABLE (OR EMITS SHOWERS OF SPARKS, if more descriptive). Use only under [close] adult supervision. (Use of the word close is optional.) For outdoor use only. Place on hard, open surface. Light fuse and get away.
(13) 
Party Poppers. WARNING (OR CAUTION) FLAMMABLE. Use only under [close] adult supervision. (Use of the word close is optional.) Do not point either end toward face or other person. Hold in hand – jerk string.
(14) 
Missile-Type Rockets. WARNING (OR CAUTION) FLAMMABLE (OR EMITS SHOWERS OF SPARKS, IF MORE DESCRIPTIVE). Use only under [close] adult supervision. (Use of the word close is optional.) For outdoor use only. Place on hard, open surface. Light fuse and get away.
(15) 
Other Labeling – General. Any fireworks device not required to have a specific label as indicated above shall carry a warning label indicating to the user where and how the item is to be used and necessary safety precautions to be observed. All labels required under this section shall comply with the requirements of 16 CFR 1500.121.
(Ord. 52 § 5.3, 5-4-2012 (Res. 2012-204); Res. 2025-302)