Whenever any officer or employee of the Berwyn Fire Department, Berwyn Police Department, the Mayor, any officer or employee of the Office of the State Fire Marshal, or any other investigative agency of state or local government having jurisdiction in the city has reason to believe that any violation of this chapter has occurred within the city and that the person so violating this chapter has in his, her or its possession fireworks or combustibles, the city 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, she or it 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 of 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 of Illinois governing cases of attachment. 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 chapter. In case of a finding that the fireworks or combustibles seized were possessed in violation of this chapter, judgment shall be entered confiscating and forfeiting the property and ordering its destruction.
(Ord. 18-17, passed 6-12-2018)