(A) Fireworks shall be as defined in 425 Illinois Compiled Statutes 35/1 et seq., and shall 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 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 known as "party poppers", "booby traps", "snappers", "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 hundredths (0.25) grain or less of explosive compound is 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 (0.20) grain of explosive mixture; the sale and use of which shall be permitted at all times.
(B) No person, firm, copartnership or corporation shall knowingly possess, offer for sale, expose for sale, sell at retail or use or explode any fireworks, flame effects, or pyrotechnic displays except as herein provided.
(C) The Village President and the Board of Trustees shall have the authority to adopt reasonable rules and regulations for the granting of permits for supervised displays of fireworks by the Village, park district and other organizations or groups of individuals. Permits may be granted and approved in accordance with the regulations for the display upon application to the Village of Manteno Chief of Police and upon filing a proof of insurance with the Village in the sum of not less than one million dollars ($1,000,000.00) with the Village of Manteno named as an additional insured on the insurance policy. (See NFPA 1123, code for fireworks display and NFPA 1126, standard for the use of pyrotechnics before a proximate audience.) Every such display shall be handled by a competent operator, licensed or certified as to competency. Every such display shall be of such composition and character and shall be located, discharged, or fired so as, in the opinion of the Chief of Police and the Manteno fire protection district Fire Chief, after proper site inspection, not to be hazardous to any person or property. No permit granted hereunder shall be transferable.
(D) Applications for a pyrotechnic display permit shall be made in writing to the Chief of Police at least thirty (30) days in advance of the date of the pyrotechnic display. Based on the recommendation of the Chief of Police and the Fire Chief the application for permit will be presented to the Village Board for consideration. If a permit is granted, sales, possession, use, and distribution of display fireworks for the display shall be lawful for that purpose only.
(E) Before any permit for a pyrotechnic display shall be issued, the person, firm, or corporation making application therefor shall furnish proof of financial responsibility (proof of insurance in the amount of $1,000,000.00 with the Village named as additional insured) to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such person, firm, or corporation or any agent or employee thereof, in such amount, character, and form as the Chief of Police and Fire Chief determine to be necessary for the protection of the public.
(F) A permit shall be issued only after the Chief of Police and Fire Chief, or his or her designees, have inspected the site and determined that the display can be performed in full compliance with the rules adopted by the State Fire Marshal and that the display shall not be hazardous to property or endanger any person or persons.
(G) Nothing in this section shall be construed to prohibit any of the following (as enumerated):
1. The sale at wholesale of any fireworks for supervised displays by any approved resident manufacturer, wholesaler, dealer, or jobber in accordance with regulations of the U.S. Bureau of Alcohol, Tobacco and Firearms (see title 27, Code of Federal Regulations, subchapter C) and the U.S. Department of Transportation.
2. The manufacture, transportation or storage of fireworks at a manufacturing facility. The testing of fireworks under the direction of its manufacturer provided permission for such testing has been obtained from the Village of Manteno.
3. The sale, transportation, handling or use of industrial pyrotechnic devices or fireworks such as railroad torpedoes, fuses, automotive, aeronautical and marine flares and smoke signals.
4. The sale and use of blank cartridges for use in a show or theater, for signal or ceremonial purposes, in athletics or sports, or legal power tools.
5. The transportation, handling, or use of pyrotechnic devices by the armed forces of the United States.
6. The use of pyrotechnics in training by the fire service, law enforcement or similar government agencies.
7. The use of fireworks for agricultural purposes under the direct supervision of the U.S. Department of the Interior or an equivalent State or local agency. (See title 16, Code of Federal Regulations, part 1500.17(a)(8).)
(H) The Village shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale or stored or held in violation of this section. If the court finds that the owner possessed the seized fireworks or combustibles in violation of this section and/or the Fireworks Use Act, the Village shall seek a judgment ordering the confiscation, forfeiture, and destruction of the seized fireworks or combustibles. Fireworks or combustibles subject to the court's order shall be destroyed under the supervision of the Village at the expense of the owner of the fireworks or combustibles.
(I) If the owner of real property on which any of the prohibited activities cited in this section takes place is present while the prohibited activity or activities occurs, the owner shall have violated this section by failing to exercise proper responsibility for those committing any of the acts set forth in this section and said other persons shall be deemed to have committed the said acts with the knowledge and permission of the owner, in violation of this section.
(J) Upon being given notice by any member of the Manteno Police Department of the existence or occurrence of any of the prohibited activities set forth in this section occurring on his or her property, the owner of said property shall immediately take appropriate actions to terminate and/or prevent said activities. The owner's failure to terminate and/or prevent the prohibited activities shall constitute a further violation of this section. (Ord. 09-38, 4-19-2010)