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The words and phrases herein used for the purpose of this chapter shall have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:

(1) "Fireworks" means any composition or device, in a finished state, containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and classified as common or special fireworks.

(2) "Common fireworks" means any fireworks designed primarily to produce visible or audible effect by combustion. The term includes:

(A) Ground and hand-held sparkling devices, including items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners and glitter sparklers;

(B) Smoke devices;

(C) Fireworks commonly known as helicopters, aerials, spinners, roman candles, mines and shells;

(D) Class "C" explosives classified on January 1, 1984, as common fireworks by the U.S. Department of Transportation.

(3) "Special fireworks" means any fireworks designed primarily for exhibition display by producing visible or audible effects. The term includes:

(A) Fireworks commonly known as skyrockets, missile-type rockets, firecrackers, salutes and chasers; and

(B) Fireworks not classified as common fireworks.

(4) "Fire nuisance" means anything or any act which increases or may cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by the Selah fire chief or his designated representative; or which may obstruct, delay, hinder, or may become the cause of any obstruction, delay or hinderance to the prevention or extinguishment of fire.

(5) "Permit" means the official permission granted by the city of Selah for the purpose of establishing and maintaining a place where fireworks are manufactured, constructed, produced, packaged, stored, sold, exchanged or used.

(6) "Person" includes any individual over eighteen years of age, firm, partnership, joint venture, association, concern, corporation, estate trust, business trust, receiver, syndicate or any other group or combination acting as a unit.

(7) "Public display of fireworks" means an entertainment feature when the public is admitted or permitted to view the display or discharge of special fireworks.

(8) "Special effects" means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical or thermal effect as a necessary part of a motion picture, radio or television production, theatrical or opera.

(9) "Pyrotechnic operator" includes any individual who, by experience and training, has demonstrated the required skill and ability for safely setting up and discharging public displays of special fireworks.

(10) "Retailer" includes any person who, at a fixed location or place of business, sells, transfers, or gives common fireworks to a consumer or user.

(11) "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells special fireworks to public display licenses. (Ord. 893 § 1, 1987.)