§ 8.24.040. Definitions.

As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

"City" means the city of Hoonah, Alaska.

"Fire chief" means the fire chief of the city of Hoonah, Alaska.

"Fireworks" means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which any such explosives are used, the type of unmanned balloons which require fire underneath to propel the same, firecrackers, lady fingers, torpedoes, skyrockets, Roman candles, dayglo bombs, sparklers, or other device containing any such explosive substance.

"Fireworks" does not include model rockets and model rocket engines which are designed, sold, and used for the purpose of propelling recoverable aero models, when actually used for that purpose and use under the supervision of the science instructor or other competent adult and when the place and time of firing the sky rockets or missiles has been approved by the fire chief. "Fireworks" does not include toy pistols, toy canes, toy guns or other devices in which paper or plastic caps manufactured in accordance with the United States Department of Transportation regulations for packing and shipping of toy paper or plastic caps are used and such toy paper or plastic caps are manufactured as provided therein except that no toy paper or plastic cap shall contain more than twenty-five hundredths (0.25) of a grain of explosive composition per cap. Each package containing toy paper or plastic caps offered for retail sale shall be labeled to indicate the maximum explosive content per cap. The sale and use of these toy paper or plastic caps shall be permitted at all times. Nothing in this section shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor applying to the military or naval forces of the United States or of this state, or to peace officers. Nothing in this section shall be construed to as forbidding the sale and use of blank cartridges for ceremonial, theatrical or athletic event.

"Person" means any individual, firm organization, partnership, unincorporated association or corporation.

"Sell" or "display" means selling, offering to sell, exhibiting or possessing with intent to give away, sell or offer to sell within the city.

"Use" means purchasing, possessing setting off or otherwise causing to explode or discharge or burn, any firecrackers, torpedo, rocket or other fireworks or explosives of inflammable material, or to discharge them or throw them from land, air or highway into any area of the city. This prohibition includes any substance, compound, mixture or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints. This provision also means and includes casting, throwing, lighting or firing any squib, rocket, cracker, torpedo, grenade, gun, revolver, pistol, cap or cartridge, or other fireworks or combustible firecrackers of any kind.

(Ord. 94-05-04 § 5 (part))