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PYROTECHNIC DISPLAYS AND
CONSUMER FIREWORKS
§ 93.01 UNLAWFUL POSSESSION; FINDINGS.
   (A)   Pursuant to 425 ILCS 35/0.01 et seq., being the Pyrotechnic Use Act, it is 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.
   (B)   Pursuant to 425 ILCS 35/2, the City Council shall have the power to adopt reasonable rules and regulations for the granting of permits for pyrotechnic fireworks displays and consumer displays.
   (C)   The City Council has determined that outdoor pyrotechnic displays shall be permitted within the city only in those specific instances when a permit for such a display is first obtained by a person who possesses a current pyrotechnic distributor’s license and current lead pyrotechnic operator’s license, issued by the office of the State Fire Marshal, which licenses are in good standing.
   (D)   The City Council has determined that all indoor pyrotechnic displays, and other pyrotechnic displays of any kind whatsoever, shall be prohibited.
   (E)   The City Council has determined that all consumer pyrotechnic displays of any kind whatsoever shall be prohibited.
(Prior Code, § 93.01) (Ord. 06-035, passed 6-27-2006; Ord. 2017-005, passed 2-27-2017)
§ 93.02 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   LEAD PYROTECHNIC OPERATOR. An individual who is responsible for the safety, setup and discharge of the pyrotechnic display and who is licensed pursuant to the Pyrotechnic Distributor and Operator Licensing Act, being 225 ILCS 227/1 et seq.
   PERSON. An individual, firm, corporation, association, partnership, company, consortium, joint venture or commercial entity.
   PYROTECHNIC DISPLAY. The detonation, ignition or deflagration of display fireworks or flame effects to produce visual or audible effects of an exhibitional nature before the public, invitees or licensees, regardless or whether admission is charged, and as may be further defined in the Pyrotechnic Operator Licensing Act.
   SPECIAL EFFECTS FIREWORKS. Pyrotechnic devices used for special effects by professionals in the performing arts in conjunction with theatrical, musical or other productions that are similar to consumer fireworks in chemical compositions and construction, but are not intended for consumer use and are not labeled as such or identified as intended for indoor use. SPECIAL EFFECTS FIREWORKS are classified as fireworks UN0431 or UN0432 by the United States. Department of Transportation under 49 C.F.R. § 172.101.
(Prior Code, § 93.02) (Ord. 06-035, passed 6-27-2006; Ord. 2017-005, passed 2-27-2017)
Statutory reference:
   Related provisions, see 425 ILCS 35/1
§ 93.03 POSSESSION, SALE AND USE.
   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 within the city.
(Prior Code, § 93.03) (Ord. 06-035, passed 6-27-2006; Ord. 2017-005, passed 2-27-2017)
§ 93.04 ADOPTION OF STATE LAW.
   The city hereby adopts and incorporates herein by reference the Emergency Administration Rules- Pyrotechnic Distributor and Operator Licensing, 41 Ill. Adm. Code part 230 as the rules and regulations that pertain to and concern definitions and general requirements for pyrotechnic displays, compliance standards and qualifications for licensees of pyrotechnic displays.
(Prior Code, § 93.04) (Ord. 06-035, passed 6-27-2006; Ord. 2017-005, passed 2-27-2017)
§ 93.05 LICENSE REQUIRED; PERMIT; BOND.
   (A)   Pyrotechnic displays may only be performed by a person who possesses a current pyrotechnic distributor license and a current lead pyrotechnic operator license, issued by the office of the State Fire Marshal, which is in good standing.
   (B)   Pyrotechnic displays may only be conducted and performed by a person who first applies for and receives a permit issued by the Fire Chief for the city in accordance with the Pyrotechnic Use Act of the state, 425 ILCS 35. The permit application shall be submitted not less than 15 days prior to the proposed date of the pyrotechnic display.
   (C)   No permit to conduct and perform a pyrotechnic display shall be issued by the Fire Chief for the city unless it is first determined that the person or entity applying for the permit possesses the licenses set forth in division (A) above.
   (D)   No permit to conduct and perform a pyrotechnic display shall be issued by the Fire Chief for the city until the Fire Chief and/or his or her designee has inspected the proposed display site and determines that the display can be performed in compliance with applicable NFPA standards adopted by the office of the State Fire Marshal pursuant to 41 Ill. Adm. Code parts 230 and 235 then in effect at the time the application for a permit is filed.
   (E)   No permit to conduct and perform a pyrotechnic display shall be issued by the Fire Chief until the applicant provides proof of a current product liability insurance policy in an amount of not less than $1,000,000, a current general liability insurance policy in an amount of not less than $1,000,000 and a current certificate of insurance naming the city as an additional named insured under the respective products liability and general liability insurance policies. The permittee shall also sign an agreement to indemnify, protect, defend, pay attorney fees for and on behalf of and hold harmless, the city, its officials, officers, employees and agents and each of them, of and from any and all claims for personal injury, property damage and/or death which may be caused by, or may result from, the pyrotechnic display, the negligence of any permittee or any of its operators, employees or agents and/or the willful acts of any permittee, any of its operators, employees or agents.
   (F)   No permit to conduct a pyrotechnic display shall be issued by the Fire Chief unless the applicant submits proof of a current worker’s compensation policy of insurance insuring all of the pyrotechnic operators, employees, agents and assistants.
   (G)   The applicant for a permit to conduct a pyrotechnic display shall be required to pay a permit fee set forth in city’s fee schedule. The application for the permit shall be made on a form substantially similar to the form provided by the Fire Chief.
(Prior Code, § 93.05) (Ord. 06-035, passed 6-27-2006; Ord. 2017-005, passed 2-27-2017) Penalty, see § 93.99
§ 93.06 PROHIBITED DISPLAYS.
   Except as set forth herein, all other types of pyrotechnic displays, consumer displays of fireworks and the use of fireworks is hereby prohibited.
(Prior Code, § 93.06) (Ord. 06-035, passed 6-27-2006; Ord. 2017-005, passed 2-27-2017) Penalty, see § 93.99
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