§  130.06  FIREWORKS.
   (A)   Definitions. The city hereby adopts the definitions of the terms contained in the Pyrotechnic Use Act (425 ILCS 35/1 et seq.) and as promulgated in the corresponding rules of the Illinois Office of the State Fire Marshal (41 Ill. Admin. Code 235), including but not limited to the terms “consumer fireworks”, “consumer fireworks display”, “consumer operator”, “consumer retailer”, “display fireworks”, “flame effect”, “person” and “pyrotechnic display”. The term “novelty fireworks” is defined to include the following items that are not deemed “consumer fireworks” under the Pyrotechnic Use Act (425 ILCS 35/1 et seq.): 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 grains or less of explosive compound are used, provided 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 that contain less than twenty hundredths grains of explosive mixture.
   (B)   Prohibition. Except as hereinafter provided, it shall be unlawful for any person, firm, co-partnership or corporation to knowingly possess, offer for sale, expose for sale, sell at retail, or use or explode any display fireworks, flame effects or consumer fireworks in the corporate city limits of the city.
   (C)   Requirements. All pyrotechnic displays in the corporate city limits of the city shall be allowed only by permit upon full compliance with the provisions of the Pyrotechnic Use Act (425 ILCS 35/1 et seq.) and as promulgated in the corresponding rules of the Illinois Office of the State Fire Marshal (41 Ill. Admin. Code 235), expressly adopted herein by the city, and shall be in addition to any other operational or business permits required. The sale and use of novelty fireworks are not subject to the requirements of this section.
      (1)   Pyrotechnic displays. Any person, firm, co-partnership or corporation shall file with the City Fire Department, an application for a permit authorizing a pyrotechnic display, not less than 15 days prior to the event, and shall remit fees in full according to the following divisions below.
      (2)   Pyrotechnic display fee. A fee of $300 shall accompany the completed application for a public pyrotechnic display permit (includes cost of three-hour stand-by fire crew and equipment).
      (3)   Application. The application and the requirements contained herein must be completed and submitted for a pyrotechnic display permit (Parts A, B, C and D). The application shall include completion of the Fire Department display checklist (Part E) prior to any permit being issued.
      (4)   Completion. Upon completion of all required documentation and approval of the City Fire Department, the city may issue a permit for the pyrotechnic display, which shall specifically state the individual/corporation authorized to conduct the permitted activity. Any such issued permit is not transferable.
      (4)   Indemnification. Any person, firm, co-partnership or corporation issued a permit under this section agrees to indemnify the city for any and all liability of any type arising from the operation of a pyrotechnic display, including but not limited to injury to persons or animals and any and all damage to any property real or personal, private or public.
(1960 Code, §  30-1-15)  (Ord. 3493, passed 5-2-1978; Ord. 7913, passed 11-16-2015)  Penalty, see § 130.99