A. Nuisance: It shall be unlawful and a nuisance for any person, firm, copartnership or corporation to knowingly possess, offer for sale, sell at retail, or use or explode any fireworks; provided, however, that the president and village board may issue a permit for pyrotechnical and consumer displays.
B. Definitions:
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, 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, or any tablets or other device containing any explosive substance, or containing combustible substances producing visual effects, and shall include the terms "consumer fireworks", "display fireworks", and "flame effects" as defined in the fireworks use act, 425 Illinois Compiled Statutes 35/1.
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 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 hundredths (0.20) grain of explosive mixture; the sale and use of which shall be permitted at all times.
C. Permits:
1. Pyrotechnic Displays:
a. Each pyrotechnic display shall be conducted by a licensed lead pyrotechnic operator. Applications for a pyrotechnic display permit shall be made in writing at least fifteen (15) days in advance of the date of the pyrotechnic display. No pyrotechnic display permit shall be transferable.
b. Permits shall be signed by the chief of the fire department providing fire protection to the area of display, or his or her designee, and must identify the lead pyrotechnic operator.
c. The applicant seeking the pyrotechnic display permit must provide proof of liability insurance in a sum not less than one million dollars ($1,000,000.00), naming the village of Minooka as an 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.
d. A permit shall be issued only after the chief of the fire department providing fire protection coverage to the area of display, or his or her designee, has 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. Nothing in this section shall prohibit the village from adopting more stringent rules.
2. Consumer Displays:
a. Each consumer display shall be handled by a competent individual who has received training from a consumer fireworks training class approved by the office of the state fire marshal. Applications for consumer display permits shall be made in writing at least fifteen (15) days in advance of the date of the display. No consumer displays permit shall be transferable.
b. Permits may be granted hereunder to any adult individual applying for a permit who provides proof that he or she has received the requisite training. The village is authorized to conduct a criminal background check of the applicant as a condition of issuing a permit at the applicant's expense.
c. A permit shall be issued only after inspection of the display site by the fire chief providing fire protection coverage to the area of display, 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 village from adopting more stringent rules.
D. Exceptions: Nothing in this section shall be construed to prohibit any of the following:
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, and the testing of fireworks under the direction of its manufacturer provided permission for such testing has been obtained from the village;
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 manufacture, storage or use of signals or fuses necessary for the safe operation of railroads, trucks, aircraft, or other instrumentalities of transportation;
5. 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;
6. The transportation, handling, or use of pyrotechnic devices by the armed forces of the United States;
7. The use of pyrotechnics in training by the fire service, law enforcement or similar government agencies; and
8. Fireworks devices distributed to farmers, ranchers, or growers through a wildlife management program administered by the U.S. department of the interior (or by equivalent state or local government agencies); and such distribution is in response to a written application describing the wildlife management problem that requires use of such devices, is of a quantity no greater than required to control the problem described, and is where other means of control is unavailable or inadequate.
E. Owner Of Real Property: If the owner of real property on which any of the prohibited activities as set forth in this section is present while the prohibited activity or activities occurs, said owner shall also be deemed to have committed an offense. (Ord. 2007-29, 6-26-2007)
F. Penalty: In addition to all other remedies, any person, firm, copartnership or corporation who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this section shall be sentenced as provided in section 1-4-1 of this Code for each offense. (Ord. 2011-29, 12-20-2011)