(A) Defined. The term FIREWORKS shall mean and include 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 and 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 tablets or other device containing any explosive substance or containing combustible substances producing visual effects; provided, however, that, the term FIREWORKS shall not include 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, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and the toy pistol, paper or plastic caps which contain less than twenty-five hundredths grains or explosive mixture, excluding recoverage model rockets sold for the express use of modelers and/or exhibitions or rocketry, the sale and use of which shall be permitted.
(B) Prohibition. Except as hereinafter provided, it shall be unlawful for any person, firm, copartnership or corporation to offer for sale, expose for sale, sell at retail or use or explode any fireworks within the village limits.
(C) Permits. The Police Chief will authorize the Village Clerk to grant permits for the supervised public display of fireworks. No permit granted hereunder shall be transferable. Permits may be granted hereunder to any group of three or more adult individuals applying therefore. No permit shall be required for individuals applying therefore. No permit shall be required for supervised public displays by State or County Fair Associations.
(D) Applications. Application for permits shall be made in writing at least 15 days in advance of the date of the display and action shall be taken on such application within 48 hours after such application is made.
(E) Display. Every such display shall be handled by a competent individual designated by the Police Chief and shall be of such character and so located, discharged or fired, as not to be hazardous to property or endanger any person or persons.
(F) Fees. There shall be a charge of $10 for the issuance of a permit.
(G) Conditions of permits. Any person applying for a permit shall be required to obtain a bond of at least $1,000 conditioned on compliance with the provisions of this section and the regulations of the State Fire Marshal; except that, the village shall not be required to file such bond.
(1) Such permit shall be issued only after the issuing officer has inspected the display site and determines that the display shall not be hazardous to property or people.
(2) Permits are to be those from office of State Fire Marshal.
(3) One copy of the permit shall be filed with issuing officer, and one copy with the office of the State Fire Marshal.
(H) Protected areas. No fireworks shall be exploded, discharged or ignited within 600 feet of a hospital, asylum, infirmary or nursing home.
(Prior Code, § 13-218) Penalty, see § 94.99