(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
CONSUMER FIREWORKS. Those fireworks that must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Products Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and classified as fireworks UN0336 or UN0337 by the United States Department of Transportation under 49 C.F.R. 172.101. "Consumer Fireworks" shall not include
snake or glow worm pellets; smoke devices; trick noisemakers known as "party poppers", "booby traps", "snappers", "trick matches", "cigarette loads", and "auto burglar alarms"; sparklers; 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 that contain less than twenty hundredths grains of explosive mixture; the sale and use of which shall be permitted at all times.
DISPLAY FIREWORKS. Those fireworks used for professional outdoor displays and classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation Under 49 C.F.R. 172.101.
SPARKLER NOVELTIES. The term "sparkler novelties" shall mean and include any explosive composition or any substance or combination of substances or articles 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 any cylindrical tubs(s), cardboard or heavy cone containing pyrotechnics composition including sparkler fountains, cone fountains, illuminating torches, or filter sparklers; however, the term "Sparkler Novelty" shall not include smoke devices, trick noise makers and sparkler devices, known as "sparklers", consisting of a stick or wire coated with pyrotechnic composition not exceeding 3.5 ounces in weight per item; "party poppers", containing not more than .25 grains (16 mg) of explosive composition; "snappers" containing not more than 0.02 grains (1 mg) of explosive composition; and "snakes" containing not more than 0.07 ounces (2 grams) of explosive composition.
(B) It shall be unlawful for any person, firm, co-partnership, or corporation to knowingly possess, manufacture, store, offer for sale, expose for sale, sell at retail, use or explode any display or consumer fireworks in the Village, except the President and Board of Trustees may grant a permit for the display of fireworks under such conditions as it may impose under the provisions of the Fireworks Use Act (ILCS Ch. 425, Act 35, §§ 1 et seq.).
(C) It shall be unlawful for any person, firm, co-partnership, or corporation to knowingly offer for sale, expose for sale or sell any sparkler novelties within the Village as defined in subsection (A) above.
(D) Any person who violates any portion of this Section shall be fined in an amount not less than $50.00 nor more than as provided in § 92.99 of this Chapter for each and every offense, depending upon the seriousness and frequency of violations. Anyone found to be in violation of this Section shall relinquish all illegal fireworks to either the Village Fire Marshall or the Police Department for destruction.
(Ord. 06-2577, passed 5-23-06)