A. Definitions:
CONSUMER FIREWORKS: Means 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 CFR parts 1500 and 1507, and classified as fireworks UN0336 or UN0337 by the United States Department of Transportation under 49 CFR 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 (25/100) 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 that contain less than twenty hundredths (20/100) grain of explosive mixture; the sale and use of which shall be permitted at all times.
FIREWORK: Means and includes 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; provided, however, that 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 (25/100) 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-five hundredths (25/100) grain of explosive mixture; the sale and use of which shall be permitted at all times.
B. Prohibition:
1. Except as provided in subsection D of this section, it shall be unlawful for any person, firm, co-partnership, or corporation to knowingly possess, offer for sale, distribute, expose for sale, sell at retail, or use, explode, or cause a display or exhibition of any consumer fireworks within the corporate limits of the Village, whether supervised or unsupervised.
2. Except as provided in subsections C and D of this section 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 fireworks or give any fireworks display or exhibition in the distribution, sale, use or explosion of any fireworks within the corporate limits of the Village, whether supervised or unsupervised.
C. Supervised Public Displays Of Fireworks: No supervised public displays or exhibitions of fireworks shall be given unless a permit therefor shall first be secured from the Chief of Police of the Village of Wayne or his/her designee ("Police Chief"). Every such display shall be handled by a competent individual designated and approved by the Police Chief and shall be of such a character and so located, discharged or fired, as not to be hazardous to property or endanger any person or persons. No fireworks display may include the use of consumer fireworks.
Application for permits shall be made in writing at least fifteen (15) days in advance of the date of the display and action shall be taken on such application within forty eight (48) hours after such application is made. After such privilege shall have been granted, sales, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
Permits may be granted hereunder to any group of three (3) or more adult individuals applying therefor. The Police Chief shall require evidence of insurance or risk protection in a form and at limits approved by the Village Attorney. Such insurance shall name the Village, its agents, officers and employees as additional insureds. There shall be no cost to the Village for such insurance.
Such permits shall be issued only after inspection of the display site by the Police Chief in consultation with the local Fire Department with jurisdiction of the proposed site, to determine that such display shall not be hazardous to property or endanger any person or persons. Forms for such application shall be available from the Village Clerk and shall require such information as the Police Chief deems appropriate to effectuate the purpose of this section.
Only a person licensed under the Pyrotechnic Distributor and Operator Licensing Act, 225 Illinois Compiled Statutes 227/1, shall be authorized to use, ignite or explode any fireworks within the Village corporate limits.
Permits required hereunder shall be in addition to any permit, license or approvals required under State Statute and regulations promulgated pursuant thereto.
D. Exemption:
1. It shall not be a violation of this section for any party or person holding a certificate of registration under the Fireworks Regulation Act, 425 Illinois Compiled Statutes 30, or Pyrotechnic Use Act, 425 Illinois Compiled Statutes 35 or any employee or agent thereof or any person transporting fireworks or consumer fireworks for such party to possess fireworks or consumer fireworks, provided such possession is within the scope of business of the fireworks plant registered or pyrotechnic company or distributor under either Act.
2. Nothing in these regulations shall be construed as prohibiting the manufacture, storage, or use of signals, fuses or flares necessary for the safe operation of railroads, trucks, aircraft, or other instrumentalities of transportation.
3. The use or possession of sparklers and party poppers shall not be a violation of this section.
E. Violation:
1. For purposes of enforcing this section, evidence of fireworks paraphernalia or other fireworks related debris, including consumer firework paraphernalia or related debris, which is found on the property shall be conclusive evidence that the activities set forth in subsections A through D of this section have occurred and the property owner and/or lessee of such property shall be deemed responsible for such activities and may be subject to the penalties set forth in subsection E4 of this section.
2. Each individual firework that is displayed, distributed, or possessed within the Village limits without a permit pursuant to subsection C of this section or exemption under subsection D of this section shall be deemed a separate violation of this section.
3. Each individual consumer firework that is displayed, distributed, or possessed within the Village limits and is not exempt under subsection D of this section shall be deemed a separate violation of this section.
4. The violation claim described in a citation issued pursuant to the terms of this section may be settled, compromised and paid in the respective amounts set forth in the following schedule:
First offense | $150.00 |
Subsequent offenses | 225.00 |
In the event that said payment is not made within ten (10) days of the date of the citation, the following amounts shall be accepted as settlement:
First offense | $175.00 |
Subsequent offenses | 250.00 |
In the event that said payment is not made within twenty (20) days of the date of the citation, the Village reserves the right to enforce the provision of this subsection by any means authorized under this Code or applicable State Statute and seek any fines and costs authorized thereunder.
Notwithstanding the foregoing schedule of fines and penalties, any person who causes injury or damage to any person or personnel or real property in connection with the use of fireworks (permitted or unauthorized), the unauthorized use of consumer fireworks or any other act prohibited by this section, shall be fined not less than four hundred dollars ($400.00) in addition to other applicable penalties and fines prescribed by the provisions of this Code and other local, State, or Federal laws. (Ord. 19-10, 7-16-2019)