(A) 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 display fireworks, flame effects, or consumer fireworks; provided that the Mayor and City Council shall have power to adopt reasonable rules and regulations for pyrotechnic or consumer displays.
(B) Pyrotechnic displays or pyrotechnic services.
(1) Each pyrotechnic display or pyrotechnic service shall be conducted by a licensed lead pyrotechnic operator employed by a licensed pyrotechnic distributor or a licensed production company. Applications for a pyrotechnic display permit shall be made in writing at least 15 days in advance of the date of the pyrotechnic display or pyrotechnic service, unless agreed to otherwise by the Mayor and City Council of the city and the Fire Chief of the city in which the display or pyrotechnic service will occur. After a permit has been granted, sales, possession, use, and distribution of display fireworks for the display or pyrotechnic service shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
(2) Pyrotechnic display permits may be granted hereunder to any adult individual applying therefor. No permit shall be required under the provisions of ILCS Ch. 425, Act 30, §§ 1 et seq. for supervised public displays by state or county fair associations.
(3) The applicant seeking the pyrotechnic display permit must provide proof of liability insurance in a sum not less than $1,000,000 to the local governmental entity issuing the permit.
(4) A permit shall be issued only after the Chief of the city's Fire Department or his or her designee, has inspected the site and determined that the display or pyrotechnic service can be performed in full compliance with the rules adopted by the State Fire Marshal and that the display or pyrotechnic service shall not be hazardous to property or endanger any person or persons. Nothing in this section shall prohibit the issuer of a permit from adopting more stringent rules.
(5) All indoor pyrotechnic displays and pyrotechnic services shall be conducted in buildings protected by automatic sprinkler systems and meeting the requirements of rules adopted by the State Fire Marshal pursuant to ILCS Ch. 425, Act 30, §§ 1 et seq. At the time an individual applies for an indoor pyrotechnic display permit from the city, written notice of the permit application and the indoor display or pyrotechnic service information shall be made in writing at least 15 days in advance of the date of the pyrotechnic display or pyrotechnic service to the office of the State Fire Marshal unless agreed to otherwise by the office of the State Fire Marshal.
(6) Permits shall be signed by the Chief of the city Fire Department or his or her designee, and must identify the licensed pyrotechnic distributor or licensed production company and the lead pyrotechnic operator.
(C) Consumer displays.
(1) Each consumer display shall be handled by a competent individual who has received and successfully completed training from a consumer fireworks training class approved by the office of theState Fire Marshal. Applications for consumer display permits shall be made in writing at least 15 days in advance of the date of the display, unless agreed to otherwise by the Mayor and the Fire Chief. After a permit has been granted, sales, possession, use, and distribution of consumer fireworks for display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
(2) Permits may be granted hereunder to any adult individual applying for a permit who provides proof that he or she has received and successfully completed the requisite training. The city may conduct a criminal background check of the applicant as a condition of issuing a permit.
(3) A permit shall be issued only following inspection of the display site by the city's Fire Chief, or his or her designee, to determine that the display is in full compliance with the rules adopted by the State Fire Marshal. Nothing in this section shall prohibit the issuer of a permit from adopting more stringent rules.
(D) Consumer distributors and retailers.
(1) No person may act as a consumer distributor or retailer or advertise or use any title implying that the person is a consumer distributor or retailer unless registered with the office of the State Fire Marshal.
(2) No consumer fireworks may be distributed, sold, transferred, or provided free of charge to an individual who has not been issued a permit in accordance with division (C) above or has not registered with the office of the State Fire Marshal in accordance with this section.
(3) No person may sell to a single individual a quantity of consumer fireworks exceeding 499 pounds without prior approval by the office of the State Fire Marshal.
(a) The State Fire Marshal, in the name of the people, through the Attorney General, the State's Attorney of any county, any resident of the state, or any legal entity within the state may apply for injunctive relief in any court to enjoin any person who has not registered from distributing or selling consumer fireworks.
(b) Upon filing a verified petition in court, the court, if satisfied by affidavit, or otherwise, that the person is or has been distributing in violation of ILCS Ch. 425, Act 30, §§ 1 et seq., may enter a temporary restraining order or preliminary injunction, without bond, enjoining the defendant from further activity. A copy of the verified complaint shall be served upon the defendant and the proceedings are to be conducted as in other civil cases.
(c) The court may enter a judgment permanently enjoining a defendant from further unregistered activity if it is established that the defendant has been or is distributing in violation of ILCS Ch. 425, Act 30, §§ 1 et seq.
(d) In case of violation of any injunctive order or judgment entered under this section, the court may summarily try and punish the offender for contempt of court. Injunctive proceedings are in addition to all penalties and other remedies in ILCS Ch. 425, Act 30, §§ 1 et seq.
(Ord. 2012-18, passed 10-9-2012)
Statutory reference:
Power of city to regulate fireworks, see ILCS Ch. 65, Act 5, § 11-8-4
Similar state law, see ILCS Ch. 425, Act 35, §§ 2, 2.1, 2.2 and 2.3