(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXTERNAL PACKAGING. Any materials that are not an integral part of the operative unit of fireworks.
FIREWORKS. 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 25 hundredths 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 20 hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times.
(B) Sale of fireworks prohibited. Except as hereinafter provided it shall be unlawful for any person, firm, copartnership or corporation to knowingly possess, offer for sale, expose for sale, sell at retail or use or explode any fireworks.
(C) Public displays exception. The prohibition against use, explosion or possession of fireworks contained in this section does not apply to supervised public displays of fireworks if a permit is obtained under this from the village. Every such display shall be handled by a competent individual designated by the Village Board and shall be of such a character and so located, discharged or fired as not to be hazardous to property or endanger any person or persons.
(D) Permits for public displays. Application for permits shall be made in writing at least 15 days in advance of the date of the display and action shall be taken on such application within 48 hours after such application is made. After such privilege shall have been granted, sales, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. Permits may be granted hereunder to any groups of three or more adult individuals applying therefor.
(E) State or county fair associations exception. No permit shall be required, under the provisions of this section, for supervised public displays by state or county fair associations.
(F) Bond requirement. The village shall require a bond from the licensee in a sum not less than $1,000 conditioned on compliance with the provisions of this section and the regulations of the State Fire Marshal adopted hereunder, except that no municipality shall be required to file such bond.
(G) Requirements for issuance of permit. The permit shall be issued only after inspection of the display site by a person designated by the Village Board to determine that such display shall not be hazardous to property or endanger any person or persons. Forms for such application and permit may be obtained from the office of the State Fire Marshal. One copy of such permit shall be on file with the Comptroller of the Village of Bellwood and one copy forwarded to the office of the State Fire Marshal.
(H) Exceptions for manufacturing, storage or wholesale of fireworks. Possession by any party holding a certificate of registration under this chapter or by any employee or agent of such party or by any person transporting fireworks for such party shall not be a violation, provided such possession is within the scope of business of the fireworks plant registered under this chapter.
(I) Protected areas. No fireworks shall be discharged, ignited or exploded at any point in the Village of Bellwood within 600 feet of any hospital, asylum, school or infirmary.
(J) Fireworks showers. The use of what are technically known as fireworks showers or any mixture containing potassium chlorate and sulphur in theaters or public halls is hereby prohibited.
(K) Transportation signals or fuses. Nothing in these regulations shall be construed as prohibiting the manufacture, storage or use of signals or fuses necessary for the safe operation of railroads, trucks, aircraft or other instrumentalities of transportation.
(L) Searches and seizures. Whenever any officer or employee of the office of the State Fire Marshal or the Department of State Police, a Sheriff, a Deputy Sheriff or the Village Board has reason to believe that any violation of this section has occurred and that the person so violating the section has in his or her possession fireworks or combustibles, such official may file a complaint in writing, verified by affidavit, with any circuit court within whose jurisdiction the premises to be searched are situated, stating the facts upon which such belief is founded, the premises to be searched and the property to be seized and procure a search warrant and execute the same. Upon the execution of such search warrant, the person executing the same shall make due return thereof to the court issuing the same, together with an inventory of the property taken thereunder. The court shall thereupon issue process against the owner of such property if he or she be known, otherwise against the party in whose possession the property so taken was found, if known. In case of inability to serve such process upon the owner or the person in possession of the property at the time of its seizure, as hereinbefore provided, notice of the proceedings before the court shall be given as required by the statutes of the state governing cases of attachment.
(M) Forfeiture and destruction of illegal fireworks. Upon the return of the process duly served or upon the posting or publishing of notice made, as hereinabove provided, the court or jury, if a jury shall be demanded, shall proceed to determine whether or not such property so seized was held or possessed in violation of this section and the laws of the State of Illinois. In case of a finding that the fireworks or combustibles seized were possessed in violation of this section and the State of Illinois, judgment shall be entered confiscating and forfeiting the property and ordering its destruction.
(N) Penalties.
(1) Any person, firm, co-partnership or corporation violating the provisions of this section, except as provided in subsection (2), shall be guilty of a Class B misdemeanor.
(2) The possession, offering for sale, exposing for sale or selling at retail of fireworks in violation of this section is:
(a) A petty offense if involving up to one pound of fireworks, exclusive of external packaging;
(b) A Class B misdemeanor if involving an amount greater than one pound but up to three pounds of fireworks, exclusive of external packaging; or
(c) A Class A misdemeanor if involving an amount greater than three pounds of fireworks, exclusive of external packaging.
(Ord. 01-16, passed 7-25-01)