A. Definition: 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, 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 or like construction and any other device containing any explosive compound, or any tablets or other device containing any explosive substance, or containing combustible substances producing visual effects.
Fireworks shall not include snake or glowworm pellets; smoke devices; trick noisemakers known as party poppers, booby traps, snappers, trick matches, cigarette loads and auto burglar alarms; and sparklers, as well as 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 hundredths (20/100) grain of explosive mixture; the sale and use of which shall be permitted at all times.
B. Fireworks Prohibited: Except as provided herein, no person shall manufacture, possess, sell, offer for sale, use or explode any fireworks in the City. However, the City Council may grant a permit for a fireworks display under such reasonable conditions as it may impose including, but not limited to, conditions under the provisions of this section and 425 Illinois Compiled Statutes 35/0.01 et seq.
C. Insurance: Accompanying a fireworks display application shall be an endorsement of insurance naming the City as a primary, noncontributory additional insured with limits of not less than one million dollars ($1,000,000.00) per occurrence and excess coverage of not less than four million dollars ($4,000,000.00) covering general liability including bodily injury, personal injury and property damage and providing no shooter exclusion. Such endorsement shall provide that the insurance shall not be terminated or renewed for any reason without thirty (30) days' advance written notice to the City.
D. Smoking Prohibited: It is unlawful for any person in charge of such public displays to smoke any lighted pipe, cigarette or cigar at any time during which such public display is going on or in the vicinity of materials to be used for such displays.
E. Storage Regulations: All permitted explosives shall be stored or kept in accordance with the provisions of applicable statutes.
F. Storage Of Nitroglycerin And TNT: It is unlawful to keep or store any nitroglycerin or the explosive commonly known as TNT in the City in any quantities, excepting for medicinal or laboratory purposes and for such purposes, no more than one- fourth (1/4) ounce shall be stored in any one building or premises.
G. Violation; Penalty: Any person, firm or corporation violating any provision of this section shall be fined not less than one hundred fifty dollars ($150.00) nor more than seven hundred fifty dollars ($750.00) for each offense and be responsible for the City's cost of prosecution. Each day that a violation continues shall be considered a separate offense. Restitution by the violator shall also be made to any property damaged or destroyed or person injured. (Ord. 06-O-51, 6-20-2006)