A. Definitions:
FIREWORKS: Fireworks or any explosive device, 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 combustion, explosion, deflagration, or detonation. Fireworks shall include "prohibited fireworks" and "permitted fireworks" as defined in this subsection.
PERMITTED FIREWORKS: Means and includes snake or glow worm pellets, smoke devices, trick noisemakers, also referred to as party poppers, booby traps, snappers, trick matches, cigarette loads, and auto burglar alarms; sparklers, toy pistols, toy canes, toy guns, or other similar devices and toy pistol paper or plastic caps as hereinafter specifically defined:
Smoke Devices: Small devices made of cork or cardboard containing not more than five grams (5 g) of pyrotechnic composition that produce a small cloud of smoke after activation.
Snakes, Glow Worms: Pressed pellet of pyrotechnic composition that produces a large snakelike ash upon burning. The ash expands in length as the pellet burns. These devices may not contain arsenic.
Snappers: Small, paper wrapped items containing not more than one milligram (1.0 mg) of silver fulminate coated on small bits of sand or gravel.
Sparklers: Devices that consist of wire or wood dowel coated with pyrotechnic composition that produce a shower of sparks upon ignition.
Toy Pistols, Toy Canes, Toy Guns, And Other Similar Devices: Devices in which paper or plastic caps containing twenty five hundredths (0.25) grain or less of explosive compound are used. A small report is produced upon detonation.
Trick Noisemakers: Items that produce a small report intended to surprise the user; these devices include, but are not limited to:
1. Party Popper: A small device with paper or plastic exteriors that is actuated by means of friction (pulling a string or trigger). Upon activation, the device expels nonflammable paper streamers and/or other nonflammable novelties and produce a small report.
2. Booby Trap: A small tube with string protruding from both ends, similar in design to party poppers. Upon pulling the strings, a friction sensitive compound ignites causing a small report.
3. Trick Match: A match that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match, a small report or shower of sparks emits from the match.
4. Cigarette Load: A small wooden peg that has been coated with a small quantity of explosive compound. Upon ignition of a cigarette containing such device, a small report is produced.
5. Auto Burglar Alarm: A tube which contains a pyrotechnic composition that produces a loud whistle when ignited. A small quantify of explosive of which not more than fifty milligrams (50 mg) of explosive compound may be used to produce a small report.
PROHIBITED FIREWORKS: All fireworks except "permitted fireworks" as defined in this subsection and shall include, but not be limited to, the following:
1. Blank cartridges;
2. Toy cannons in which explosives are used;
3. Balloons which require fire underneath to propel the same;
4. Firecrackers, torpedoes, skyrockets, bottle rockets, roman candles, bombs or other devices of similar nature;
5. Any fireworks containing any explosive compound;
6. Any tablets or other devices containing any explosive substance, or containing combustible substances providing visual effects;
7. Sparkling devices, which may produce a shower of sparks upon ignition (except those defined as permitted fireworks by the U.S. department of transportation and commonly known as sparklers), which include, but are not limited to, items commonly known as "fountains", "spinners", "wheels", or similar devices. Such prohibited sparkling devices may be ground based, handheld, or secured to an object above ground level.
SAFE AND SANE FIREWORKS: Neither the state of Illinois nor the city of Marian recognize the term "safe and sane fireworks", and any item labeled as such is subject to the definitions contained herein. The labeling of such devices shall not determine whether the device is a permitted firework or is a prohibited firework. (Ord. 1943, 4-5-2004; amd. 2013 Code)
B. Sale Or Distribution: No person, corporation or other entity may sell, hold for sale, offer for sale, or otherwise distribute in any fashion any prohibited fireworks within the corporate limits of the city.
C. Fireworks Displays: No person, corporation or other entity may discharge, detonate, or ignite any prohibited fireworks within the corporate limits of the city except as provided in this subsection.
1. Permit Requirements:
a. A permit may be issued to the designated individual in an organization, corporation or other entity to detonate, discharge or ignite otherwise prohibited fireworks as part of a display for the public generally pursuant to subsection C1b of this section.
b. Application for a permit to detonate, discharge or ignite prohibited fireworks as part of a display for the public shall be made in writing to the city clerk no less than twenty one (21) days in advance of the proposed display. The permit shall be issued to the individual in such organization, corporation or other entity who shall be in charge of the detonating, discharging or igniting such fireworks, provided no permit shall be issued until or unless approved by the chief of the city fire department or his designee. (Ord. 1943, 4-5-2004)
2. Compliance With State Law: The individual permitted to detonate, discharge or ignite such fireworks display shall do so in compliance with the provisions of the Illinois pyrotechnic use act 1 , and the ordinances of the city.
D. Penalty: Any person, corporation or other entity that violates any provision of this section shall be fined as provided in section 1-4-1 of this code, and each day a violation by the same person, corporation or other entity occurs shall be a separate violation. (Ord. 1943, 4-5-2004; amd. 2013 Code)
Notes
| 1 | 1. 425 ILCS 35/0.01 et seq. |