A. Definition: The term "fireworks" shall mean and include 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. The term "fireworks" shall not include snake or glowworm pellets; smoke devices; sparklers; trick noisemakers, "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 one hundredths (0.25) grain 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 twenty five hundredths (0.25) grain of explosive mixture; the sale and use of which shall be permitted at all times.
B. Possession, Use Or Sale:
1. Explosives Or Explosive Or Incendiary Devices: It shall be unlawful for any person to possess, or transport any explosive compound, timing or detonating device in the city for use with any explosive compound or incendiary device when such person either intends to use said explosive or device to commit any criminal offense against the person or property of another or knows that another intends to use such explosive or device to commit any criminal offense against the person or property of another.
2. Fireworks: Except as hereinafter provided, it shall be unlawful for any person to knowingly possess, offer for sale, expose for sale, sell, use or explode any fireworks within the city.
3. For purposes of enforcing this provision, evidence of fireworks paraphernalia or other fireworks related debris which is found on the property, a witness that such fireworks were exploded on the property or on public property where the investigating officer or witness can determine the source of the fireworks are related to said property shall be evidence that the activities set forth in subsections B.1. and 2. have occurred and the property owner and/or lessee of such property shall be deemed responsible for such activities and may be subject to the penalties set forth in 4-2-4-6 (D).
C. Permits For Fireworks Displays:
1. From time to time, the city council may grant permits for supervised public displays of fireworks. Every such display shall be handled by a competent individual designated by the mayor and city council 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.
2. Application for permits shall be made in writing at least fifteen (15) days in advance of the date of the display and action shall be taken on such application within forty eight (48) hours after such application is made. In addition, each applicant shall post a bond in a sum not less than one thousand dollars ($1,000.00) conditioned on compliance with the provisions of this section, the fireworks regulation act of Illinois 1 and the regulations of the state fire marshal adopted thereunder, except that no municipality, township or special district shall be required to file such bond. Any such bond posted with cash shall be subject to the unclaimed bond forfeiture provisions of title 1, chapter 9 of this code.
3. Such permit shall be issued only after inspection of the display site by the Chief of Police or fire inspector of the Pleasantview Fire Protection District to determine that such display shall not be hazardous to property or endanger any person or persons. After such privilege shall have been granted, possession and use of fireworks for such display shall be lawful for that purpose only.
4. No permit granted hereunder shall be transferable. No permit shall be required, under the provisions of this section, for supervised public displays by State or County Fair Associations.
D. Penalty And Enforcement: Violation of this section shall be punishable by a fine of not less than two hundred and fifty dollars ($250.00) nor more than seven hundred fifty dollars ($750.00), and the requirements of this section may be enforced by temporary restraining order or temporary or permanent injunction. (Ord. 10-28-0, 5-26-2010; amd. Ord. 21-34-O, 8-11-2021)
Notes
| 1 | 1. 425 ILCS 30/1. |