(A) Defined: 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; provided, however, that the term "fireworks" shall not include snake or glowworm 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 twenty five hundredths (25/100) 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 hundredths (20/100) grain of explosive mixture, the sale and use of which shall be permitted at all times.
(B) Retail Sale Of Fireworks Forbidden: The sale of fireworks at retail is forbidden.
(C) Exceptions: Nothing in this section 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.
(D) Regulation Of Public Display:
1. Generally: Except on application and conforming to the following conditions, it shall be unlawful for any person to discharge, fire, explode, or in any manner use fireworks. Such a display must conform to the following:
(a) Application must be made at least thirty (30) days prior to the public display by at least three (3) persons representing an individual venture, partnership, joint venture, corporation, or organization.
(b) Every such display must be handled by a competent individual designated as "display supervisor".
(c) Every such display shall be of such a character and so located so as not to be hazardous to property or endanger any person or persons.
(d) Every applicant shall furnish a bond conditioned upon compliance with this act with his application in an amount of not less than one thousand dollars ($1,000.00).
(e) No fireworks shall be discharged, ignited or exploded at any point in the village within six hundred feet (600') of any hospital, asylum or infirmary.
(f) 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.
(g) Each application shall be accompanied by a nonrefundable application fee of twenty five dollars ($25.00).
2. Action To Be Taken: Action shall be taken no later than the next regularly scheduled board meeting of the board of trustees of the village from the date the application is submitted to him.
3. Permit Not Transferable: No permit granted hereunder shall be transferable.
4. Copies Of Permits: One copy of all permits issued hereunder shall be given to the permittee, the village clerk, and to the office of the state fire marshal. The original thereof shall be kept by the issuing officer.
5. Form Of Application: Every applicant for a public display of fireworks shall obtain and complete an application in the form of exhibit A on file in the office of the village clerk.
All applicants shall truthfully answer all questions and conform their displays to the parameters outlined in the application. All applicants should be prepared to show proof of any matter contained in the application upon demand of the issuing officer.
6. Form Of Permit: Every permit issued shall be in the form of exhibit B on file in the office of the village clerk. Every display supervisor shall be prepared to produce this permit upon demand of any law enforcement officer.
7. Issuing Officers: The president of the board of trustees is hereby designated the "issuing officer". Before issuing a permit, the issuing officer shall review the completed application and review the site of the display and ensure that both conform to this section.
8. Indemnity: Nothing contained within this section shall be construed to cause the village officer to be an officer of the safety of the applicant's use of fireworks. The applicant agrees to indemnify and hold harmless the village, a municipal corporation, its officers, agents, and employees from any and all expense, costs, or loss that it, he or she may incur, suffer, or become obligated for as a result of applicant's use of fireworks. (Ord. 398, 5-10-1988)