(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a separate meaning.
FIREWORKS. 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. The term "fireworks" shall not include snake or glow worm 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 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 twenty-five hundredths grains of explosive mixture; the sale and use of which shall be permitted at all times.
PYROTECHNIC or PYROTECHNICS. Fireworks as defined herein, smoke machines, fog machines, light show displays utilizing lasers and other materials or combination of materials utilized or intended to be utilized to generate or simulate light beams, explosions, smoke or noise. Pyrotechnics do not include any item which is excluded from the definition of fireworks as set forth herein.
PYROTECHNIC DISPLAY. Any use of pyrotechnics which occurs on property that is not owned by the Village.
PYROTECHNIC DISPLAY LICENSE. A license which is issued by the Village Building and Code Enforcement Department pursuant to division (B) of this section which permits a person to present a pyrotechnic display.
PYROTECHNIC OPERATOR. Each company, association or person who will have direct supervision over a pyrotechnic display, or direct supervision of a component of a pyrotechnic display, such as furnishing the pyrotechnic materials or providing or operating the equipment to be used in a pyrotechnic display. Persons who are employees of a pyrotechnic operator shall not be considered to be separate pyrotechnic operators.
SMOKE MACHINE. A machine which generates smoke, haze or a similar airborne substance which is intended to simulate smoke or haze. SMOKE MACHINES include, but are not limited to, machines commonly referred to as "haze machines."
(B) License required.
(1) Pyrotechnic display licenses shall be issued by the Village Community Development Department. The Building Director shall designate the Community Development Department personnel who are authorized to issue pyrotechnic display licenses as provided in this chapter. Licenses once granted by the Building Director are not transferable.
(2) It shall be unlawful for any person to present a pyrotechnic display or use pyrotechnics in any manner within the Village, except on property that is owned by the Village, unless the Community Development Department has issued a pyrotechnics display license which permits the pyrotechnic display or use of pyrotechnics.
(3) It shall be unlawful for the owner or person in control of any property, other than property owned by the Village, to permit a pyrotechnic display to occur on the property or to allow pyrotechnics to be used on the property unless a pyrotechnics display license has been issued for such use by the Community Development Department.
(C) Compliance with applicable laws required. No pyrotechnic display license shall be issued unless the applicant has complied with the provisions of this section and has established that the pyrotechnic display or other use of pyrotechnics will comply with all other applicable laws, rules and regulations. As a condition for issuance of a pyrotechnic display license, the person applying for the license shall be required to establish that all permits required by other governmental bodies having jurisdiction over the use of pyrotechnics and pyrotechnic displays have either been issued or will be issued prior to the time the pyrotechnic display or use of pyrotechnics is scheduled to occur.
(D) License application. All applications for pyrotechnic display license shall be made in writing. The Community Development Department may require that an application for a pyrotechnic display license be made on a form provided by the Community Development Department. All applications for a pyrotechnic display license must include a written plan which describes in detail the type of pyrotechnics that will be used, the equipment that will be used and the precautions that will be taken to minimize the likelihood of personal injury or property damage. The plan shall include the following information:
(1) The name of the person, group or organization sponsoring the pyrotechnic display;
(2) The date(s) and time(s) of the pyrotechnic display;
(3) The exact location where the pyrotechnic display will occur;
(4) The names and address of all pyrotechnic operators who will be involved with the pyrotechnic display;
(5) The license number and date of issuance of all licenses that have been issued to the pyrotechnic operator(s) and to any employees or agents of the pyrotechnic operators who will be furnishing pyrotechnics or equipment for the pyrotechnic display or who will be directly involved in the presentation of the pyrotechnic display, including operating any equipment that is used in presenting the pyrotechnic display;
(6) The date and number of all licenses and permits that have been issued by other governmental units for the pyrotechnics display or if such licenses or permits have been applied for but not issued, the date and status of the application;
(7) An insurance certificate or other proof establishing that each pyrotechnic operator has obtained the insurance coverage required by division (H) of this section;
(8) The types and amounts of pyrotechnics and the equipment that will be used in the pyrotechnic display and an outline of the number of persons who will be working on the pyrotechnic display and what each person's responsibility or duties will be with respect to the pyrotechnic display;
(9) A description of the pyrotechnic operator's experience with the types of pyrotechnics and the equipment that will be used in the pyrotechnic display;
(10) A diagram of the grounds or facilities at which the pyrotechnic display will occur. This diagram must show the point at which any pyrotechnics are to be wired or set off, the fallout radius for each pyrotechnic device to be used in the pyrotechnic display and the lines behind which the audience for the pyrotechnics display shall be restrained;
(11) The manner and place where the pyrotechnics and the equipment to be used in the pyrotechnics display will be stored during the period before and after the pyrotechnics display;
(12) A description of the safety measures that will be taken to reduce the likelihood that persons or property will be injured or damaged during the pyrotechnic display, including, the measures that will be taken to protect against personal injury or property damage in the event of a pyrotechnic device or the equipment used in the pyrotechnic display malfunctions.
(E) License fee. Except as provided in the following sentence, the fee for a pyrotechnic display license shall be $250 plus $50 each day after the first day during which the pyrotechnics display is to be presented, provided that the total license fee for a specific pyrotechnics display shall not exceed $750. If the only pyrotechnic device to be used in a pyrotechnics display to be covered by a pyrotechnics display license is a smoke machine, then the license fee for the pyrotechnics display license shall be $25 per day.
(F) Rules and regulations. The Building Director shall be authorized to issue rules and regulations relating to the use pyrotechnics in the Village, provided that such rules and regulations shall not be less stringent than any applicable state or federal law, rule or regulation. The Building Director is also authorized to issue rules and regulations relating to the issuance of pyrotechnics display licenses.
(G) Inspections. All pyrotechnics, pyrotechnic devices and equipment that are intended to be used in a pyrotechnic display for which a pyrotechnics display license has been issued or applied for shall be made available upon request for inspection by authorized representatives of the Village Community Development Department and Fire Department. The premises for which a pyrotechnic display license has been applied for or issued shall be open for inspection by authorized representatives of the Village’s Building and Code Enforcement Department and Fire Department at all reasonable times, including, but not limited to, during the period which begins 3 hours before the pyrotechnics display is scheduled to begin and ends 1 hour after the pyrotechnic display concludes.
(H) Insurance protection against all liabilities. All pyrotechnics operators who are involved in a pyrotechnics display for which a pyrotechnics display license is issued, or applied for, shall carry insurance insuring against liabilities, judgment, costs, damages and expenses which may accrue against, be charged to or recovered from the pyrotechnics operator by reason or on account of damage to property of, injury to or death of any person arising from the pyrotechnics display. This insurance shall be carried with insurers authorized to do business in the state. The policy or policies shall be in the following kinds and amounts:
(1) Comprehensive public liability insurance - $1,000,000 per person and $5,000,000 per occurrence, or such higher policy limits as may be required by another applicable law, rule or regulation;
(2) Comprehensive property damage insurance - $1,000,000 per occurrence or such higher policy limits as may be required by another applicable law, rule or regulation.
(I) Penalty. Any person who violates any terms or provisions of this section, or any regulation issued by the Building Director pursuant to division (F) of this section, shall, upon conviction, be subject to a fine of not less than $250 nor more than $1500 for each offense. Each separate 24-hour period or part thereof in which a violation occurs shall constitute a separate offense.
(J) Home rule legislation.
(1) This section and each of its terms shall be the effective legislative act of a home rule municipality without regard to whether such section should:
(a) Contain terms contrary to the provisions of current or subsequent non-preemptive state law; or
(b) Legislate in a manner or regarding a matter not delegated to municipality by state law.
(2) It is the intent of the corporate authorities of the Village that to the extent that the terms of this section should be inconsistent with any non-preemptive state law, that this section shall supersede state law in that regard within its jurisdiction.
(1997 Code, § 42.04) (Am. Ord. C0-99-14, passed 6-24-1999; Am. Ord. CO-09-27, passed 10-6-2009; Am. Ord. CO-2021-21, passed 8-17-2021)