(A) (1) 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 fireworks; provided that, the President and Board of Trustees shall have power to grant permits for supervised public displays of fireworks or grant permits for the sale of fireworks if the seller has a valid permit for fireworks sales issued by the state’s Fire Marshal. Every such display shall be handled by a competent individual designated by the President and Board of Trustees 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 15 days in advance of the date of the display and action shall be taken on such application within 48 hours after such application is made. After such privilege shall have been granted, sales, possession, use and distribution of fireworks for such display shall be lawful for that purpose only.
(3) No permit granted hereunder shall be transferable.
(B) Permits may be granted hereunder to any groups of three or more adult individuals applying therefor. No permit shall be required, under the provisions of this section, for supervised public displays by state or county fair associations.
(C) The Board of Trustees shall require a bond from a licensee in the sum as set by the Board of Trustees from time to time, conditioned on compliance with the provisions of this section and the regulations of the state’s Fire Marshal; however, the village shall not be required to file such bond.
(D) Such permit shall be issued only after inspection of the display site by the Village President or other authorized village official, to determine that such display shall not be hazardous to property or endanger any person or persons. Forms for such application and permit may be obtained from the office of the state’s Fire Marshal. One copy of such permit shall be on file with the Village President, and one copy forwarded to the office of the state’s Fire Marshal. The President shall consult with local fire protection authorities before issuing such permit.
(E) Possession by any party holding a certificate of registration under 425 ILCS 3D/1 et seq., or by any employee or agent of such party or by any person transporting fireworks for such party, shall not be a violation; provided, such possession is within the scope of business of the fireworks plant registered under those statutes.
(2010 Code, § 93.02) (Ord. 17-05-01, passed 5- -2017) Penalty, see § 10.99
Statutory reference:
Power of village to regulate fireworks, see 425 ILCS 35/2