A. Definitions: As used in this section, the following terms shall have the meanings ascribed to them in this subsection:
FIREWORKS: Means and includes any explosive composition, or any substance or combination of substances, or any 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. The term "fireworks" shall not include snake or glow worm pellets; smoke devices; sparklers; trick noisemakers known as "party poppers", "booby traps", "snappers", "trick matches", "cigarette loads" and "auto burglar alarms"; toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing twenty five hundredths grain or less of explosive compound is 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 which contain less than twenty five hundredths grain of explosive mixture.
SUPERVISED PUBLIC PYROTECHNICAL DISPLAY: A pyrotechnical display sponsored by a public taxing body and conducted by an experienced pyrotechnician.
B. Possession, Sale, Distribution Prohibited:
1. It shall be unlawful for any person to knowingly possess, or store any fireworks anywhere in the village.
2. It shall be unlawful for any person to offer for sale, sell at retail, expose for sale, loan, or give away any fireworks anywhere in the village.
C. Discharge Prohibited; Exception: It shall be unlawful for any person to discharge anywhere in the village any of the articles enumerated in subsection A of this section, definition of "fireworks"; provided, however, that the president and board of trustees may issue a permit for the discharge of fireworks and for supervised public pyrotechnical displays as hereinafter provided.
D. Fireworks Displays:
1. Application For Permit; Nontransferability:
a. Application for permits for the discharge of fireworks or for supervised public pyrotechnical displays shall be in writing and shall state the full name of the person, including middle initial, place of residence and date of birth, the place where it is proposed to give such public display of fireworks, what experience the applicant has had, if any, in the discharge of fireworks, and the full name and date of birth of the pyrotechnician and the types of fireworks being exploded, such application being sworn to before a notary public or other officer authorized by law to administer oaths.
b. Applications for permits shall be made in writing at least fifteen (15) business days in advance of the date of the display. 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.
2. Eligibility For Permit: Applications for permits will be granted to public taxing bodies only and not to private individuals, private corporations, or civic organizations.
3. Insurance Requirements: No pyrotechnical exhibition shall be held unless the proprietor thereof has in force a public liability insurance policy in the amount of one million dollars ($1,000,000.00). A certificate showing such insurance shall be filed with the clerk at least five (5) days prior to such exhibitions.
4. Inspection Of Premises; Issuance Of Permit; Fee: The president shall, upon receipt of such applicant's statement, refer the same to the chief of police and the chief of the fire protection district, who shall have an inspection made of the premises at the location given in said application where it is proposed to give such public display of fireworks, and if, in the judgment of the chief of police and the chief of the fire protection district, it would not be hazardous to surrounding property or dangerous to any person or persons to permit such public display of fireworks at such location, they shall approve such application and return the same to the president and board, whereupon the president shall issue a permit, giving the applicant permission to conduct such public display of fireworks. The size and explosive power of the fireworks used, in proximity to residential or commercial buildings, the experience and safety history of the pyrotechnician and fireworks provider, the ability to keep the public outside the restricted area, and the ability of emergency equipment to access the site if an emergency arises will be just some of the issues considered in evaluating the application. Such permits shall designate the kinds and quantities of fireworks to be used at such public display, and no other kinds and no greater quantities of fireworks than therein specified shall be used at such public display.
5. Protected Areas: No fireworks shall be discharged, ignited or exploded at any point in the village within six hundred feet (600') of any hospital, asylum, infirmary, nursing home or nursing facility. (Ord. 91-47, 9-23-1991; amd. 2012 Code; Ord. 2020-34, 11-23-2020)