CHAPTER 100
FIREWORKS
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100.01 Definitions 100.02 Possession, sale, use or storage 100.03 Permits for supervised public displays |
100.04 Searches and seizures 100.05 Exceptions 100.99 Penalty |
§ 100.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FIREWORKS. The term FIREWORKS shall mean and include any explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect of a temporary exhibitional nature by explosion, combustion, deflagration or detonation, and shall include blank cartridges, toy cannons in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, bombs, or other fireworks of like construction and any fireworks containing any explosive compound, or any tablets or other device containing any explosive substance, or containing combustible substances producing visual effects; provided, however, that the term "fireworks" shall not include snake or glow worm pellets; smoke devices; trick noisemakers known as "party poppers", "booby traps", "snappers", "trick matches", "cigarette loads" and "auto burglar alarms"; sparklers; toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty-five hundredths (.25) grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps which contain less than twenty hundredths (.20) grains of explosive mixture; the sale and use of which shall be permitted at all times.
(Ord. 2074, passed 5-19-97)
SPARKLERS. The term SPARKLERS as used in the definition of FIREWORKS shall mean and include only the traditional sparkler device which consists of a wire or stick coated with pyrotechnic composition that cannot exceed 3.5 oz. (100g) per item, that produces a shower of sparks upon ignition. These items cannot contain magnesium, except that magnalium (magnesium-aluminum alloy) is permitted. Items containing any chlorate or perchlorate salts cannot exceed 0.2 oz (5g) of composition per item. The term SPARKLERS shall not include cylindrical fountains, fountains, cones or cone fountains, illuminating torches, wheels, ground spinners, and ground type sparkling devices.
(Ord. 2468, passed 9-2-03)
§ 100.02 POSSESSION, SALE, USE OR STORAGE.
No person shall possess, offer for sale, expose for sale, sell at retail, store, loan, giveaway, possess with intent to sell, use, discharge, fire or explode any fireworks within the City; provided, however, that the City Administrator may grant a permit for supervised, public display or exhibition of fireworks and pyrotechnics as herein provided.
(Ord. 2074, passed 5-19-97) Penalty, see § 100.99
§ 100.03 PERMITS FOR SUPERVISED PUBLIC DISPLAYS.
The City Administrator, or his designee, may grant a permit for a supervised, public display of fireworks or pyrotechnics only after an investigation and upon finding that the person seeking the permit is competent to handle the display and the proposed location of the display and execution of the display will be of such character as not to be hazardous to property or endanger any person or persons.
Applications for permits shall be made in writing at least fifteen (15) days in advance of the date of the display and action shall be taken on such application within forty-eight (48) hours after such application is made. If a permit is issued, sales, possession, use and distribution of fireworks for such display shall be lawful for that display only. No permit granted herein shall be transferable.
No application for a permit for a supervised, public display of fireworks or pyrotechnics shall be accepted by the City Administrator for action unless the applicant first provides to the City a surety or cash bond in a sum not less than one thousand dollars ($1,000.00) as surety that the applicant will comply with the provisions of this Ordinance, The Fireworks Use Act, ILCS Ch. 425, Act 35, §§ 1 et seq., and the regulations of the State Fire Marshal. The bond shall be released to applicant following written recommendation by the City Administrator after completion of the public display.
(Ord. 2074, passed 5-19-97)
§ 100.04 SEARCHES AND SEIZURES.
Whenever the Chief of Police, City Administrator, or a member of the City Council, has reason to believe that any violation of this chapter has occurred within the City and/or that a person has in his possession fireworks or combustibles, the Chief of Police, City Administrator, or council member, through the City Attorney, may file a complaint in writing, verified by affidavit, with the Circuit Court of Tazewell County, stating the facts upon which such belief is founded, the premises to be searched, and the property to be seized, and thereby procure a search warrant and execute the same. Upon execution of the search warrant, the Chief of Police may seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks possessed, stored, held or offered or exposed for sale in violation of this Chapter.
(Ord. 2074, passed 5-19-97)
§ 100.05 EXCEPTIONS.
The provisions of this chapter shall not apply to:
The use of fireworks by railroads, public utilities, public and private carriers or other transportation agencies for signal purposes or illumination; or
The sale or use of blank cartridges for show or theater, or for signal or ceremonial purposes in athletic or sports events, or for animal training; or
Use by the armed forces of the United States or the State of Illinois.
(Ord. 2074, passed 5-19-97)
§ 100.99 PENALTY.
Whoever violates any provision of this chapter by selling, offering to sell, exposing for sale, selling at retail, loaning or giving away or possessing with intent to sell fireworks within the City shall be fined not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for each offense. A separate offense shall be deemed to be committed for each such violation which occurs or continues.
Whoever violates any provision of this chapter by possessing, using, discharging, firing or exploding any fireworks within the City shall be fined not less than twenty five dollars ($25.00) nor more than seven hundred fifty dollars ($750.00) for each offense. A separate offense shall be deemed to be committed for each such violation occurs or continues.
(Ord. 2074, passed 5-19-97)