A. Definition: As used in this section, the term "fireworks" means and includes 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, sky rockets, 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, or any other substance which is regulated by Illinois law, including 425 Illinois Compiled Statutes 30/1 through 35/5; 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 0.25 grains or less of explosive compound are 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 0.25 grains of explosive mixture. The use of such excluded articles shall be permitted at all times. (Ord. 334, 8-26-2003; amd. 2008 Code)
B. Manufacture Of Fireworks: The manufacture of fireworks within the city limits is prohibited except as authorized under the laws of the state, 425 Illinois Compiled Statutes 30/1 through 35/5 (or other applicable state law).
C. Sale Of Fireworks: No person shall offer for sale, expose for sale, or sell at retail any fireworks within the city limits.
D. Display Of Fireworks; Permit Requirements:
1. Permit Required: No person shall possess, store, use, or explode any fireworks unless he shall have been issued a fireworks display permit. No person shall sell or use or explode any fireworks within the city without first obtaining a permit as provided herein.
2. Eligibility For Permit:
a. No person under the age of twenty one (21) years shall be eligible to be issued a display permit.
b. The city clerk is authorized to grant permits to groups of three (3) or more adult individuals for supervised public displays of fireworks in the city in accordance with the provisions of 425 Illinois Compiled Statutes 35/2.
3. Application For Permit: Any group of three (3) or more adult individuals desiring a permit for a supervised public display of fireworks shall file a written application with the city clerk at least fifteen (15) days prior to the date of the display. Applications for such fireworks displays shall state the names, addresses and ages of the three (3) or more adult individuals applying for such permit; the date of the display; the location of the display; and the location where the fireworks will be stored prior to the display.
4. Bond: Each person shall furnish an indemnity bond in a sum of not less than one thousand dollars ($1,000.00) conditioned on the compliance with the provisions of this section.
5. Permit Fee: The city clerk shall collect a fee of ten dollars ($10.00) for the issuance of any permit authorized by this section.
6. Investigation Of Applicant; Approval Or Denial Of Permit: Each application shall be investigated to determine whether the display is of a character and so located so as not to constitute an unreasonable hazard to any person or property. If, upon completion of the investigation, it is determined that all requirements of this section are satisfied, the permit shall be approved and issued. A copy of each permit shall be forwarded by the office of the city clerk to the chief of police not less than forty eight (48) hours before the display. In the event that the application is not approved, the applicant shall be informed in writing of the reasons therefor.
7. Nontransferability Of Permit: No permit granted hereunder shall be transferable. Only the person named on the permit shall be authorized to possess and display fireworks.
8. Conditions Of Permit:
a. Supervised public displays of fireworks shall be of such a character, and so located, discharged or fired, so as not to be hazardous to property or endanger any person.
b. The possession and use of fireworks by the permittee shall be lawful only for the purpose of display contained in the permit.
c. Displays shall not be conducted before ten o'clock (10:00) A.M. or after ten thirty o'clock (10:30) P.M., except where prior approval is granted for special programs.
E. Responsibility Of Parent Or Guardian: It shall be the responsibility of parents or legal guardians of unemancipated persons under the age of eighteen (18) years to assure that those persons comply with the restrictions of this section. No parent or legal guardian of those persons shall knowingly permit or assist in the violation of this section by any unemancipated person under the age of eighteen (18) years.
F. Exemptions From Provisions: Nothing in this section shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for ceremonial purposes in athletics or sports, or for use by military forces of the state of Illinois, the United States, or authorized emergency services agencies such as rescue squad or fire and police departments of the city or other municipalities. (Ord. 334, 8-26-2003)