§ 20-84. Exceptions.

There is excepted from the provisions of this article the following:

(1)

Toy pistols, toy canes, toy guns, or other devices that use paper or plastic caps in sheets, strips, rolls, or individual caps containing not more than an average of 0.025 of a grain of explosive composition per cap and that are packed and shipped according to 49 CFR 173;

(2)

Model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models;

(3)

Propelling or expelling charges consisting of a mixing of sulphur, charcoal, and potassium nitrate;

(4)

Novelties and trick noise makers;

(5)

The sale or use in emergency situations of pyrotechnic signalling devices or distress signals for marine, aviation, or highway use;

(6)

The use of fusee and railway torpedoes by railroads;

(7)

The sale or use of blank cartridges in radio, television, film, or theater productions, or for signal or ceremonial purposes in athletic events, or for industrial purposes;

(8)

The use of any pyrotechnic device by military organizations; or

(9)

Fireworks, including 1.3G fireworks, possessed for the purpose of use in a public display by a licensed pyrotechnic operator provided:

a.

A public fireworks display permit has been issued by the appropriate state agency;

b.

A site investigation has been made by the city fire marshal to determine whether the display will be hazardous to persons or property;

c.

The applicant has provided the insurance required by this article for the display; and

d.

The city council has approved the display.

(Code 1994, § 7.103; Ord. No. 260, § 1, 7-20-1998; Ord. No. 468, § 1, 4-13-2009)