Ordinance No. 358 Consumer Firework Display

THE VILLAGE OF WHITE CITY

ORDINANCE NO: 358

Consumer Firework Display – 2017

WHEREAS, the unauthorized use of fireworks and pyrotechnics presents a great

danger to persons and property; and

WHEREAS, the State of Illinois has passed 425 ILCS 35/0.01, et. seq. and 225 ILCS 227/0.01 et. seq. which prohibit the discharge of fireworks within the corporate limits of an municipality unless said municipality passes an ordinance regulating such displays; and

WHEREAS, the Village of White City (“Village”) is the jurisdiction over the fireworks display permit process; and

WHEREAS, regulation of the possession, sale and use of fireworks and pyrotechnics pertains to the public health, safety, morals and welfare of the residents of the Village; and

WHERAS, the President and Village Board have determined that appropriately planned and conducted consumer firework displays are beneficial to the public to commemorate celebratory events, and has determined that regulation of consumer fireworks displays within the Village is in the public’s interest and protects the health, safety and welfare of Village inhabitants;

NOW THEREFORE, BE IT ORDAINED by the Village President and Village Board of White City, Macoupin County, Illinois, as follows:

SECTION 1: Definitions. As used in this ordinance, the following words and terms shall have the following definitions and meaning:

“Consumer distributor” means any person who distributes, offers for sale, sells, or exchanges for consideration consumer fireworks in Illinois to another distributor or directly to any retailer or person for resale.

“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 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.

 “Consumer fireworks display” or “consumer display” means the detonation, ignition, or deflagration of consumer fireworks to produce a visual or audible effect. “Consumer operator” means an adult individual who is responsible for the safety, setup, and discharge of the consumer fireworks display and who has completed the training required in Section 2.2 of the Fireworks Use Act.

“Consumer retailer” means any person who offers for sale, sells, or exchanges for consideration consumer fireworks in Illinois directly to any person with a consumer display permit.

“Display fireworks” means 1.3G explosive or special effects fireworks.

“Flame effect” means the detonation, ignition, or deflagration of flammable gases, liquids, or special materials to produce a thermal, physical, visual, or audible effect before the public, invitees, or licensees, regardless of whether admission is charged in accordance with NFPA 160.

“Person” means an individual, firm, corporation, association, partnership, company, consortium, joint venture, commercial entity, state, municipality, or political subdivision of a state or any agency, department, or instrumentality of the United States and any officer, agent, or employee of these entities.

 “Special effects fireworks” means pyrotechnic devices used for special effects by professionals in the performing arts in conjunction with theatrical, musical, or other productions that are similar to consumer fireworks in chemical compositions and construction, but are not intended for consumer use and are not labeled as such or identified as “intended for indoor use”. “Special effects fireworks” are classified as fireworks UN0431 or UN0432 by the United States Department of Transportation under 49 C.F.R. 172.101.

“State Acts” means the Illinois Fireworks Use Act (425 ILCS 35) and the Illinois Pyrotechnic Distribution and Operator Licensing Act (225 ILCS 227).

SECTION 2: Consumer Displays

  1. Applications for consumer displays permits shall be made to the Village Clerk upon compliance with the following conditions:
  1. Applications for consumer display permits shall be made to the Village Clerk in writing at least 15 days in advance of the date of the proposed display, unless such 15 day requirement is waived by the Village Clerk and the Chief of the Respective Fire Protection District.
  2. The applicant applying for the consumer display permit must be an adult individual eighteen years of age or older.
  3. Application for consumer display permits must identify the competent individual who has received training from a consumer fireworks training class approved by the Office of the State Fire Marshal and who will be handling the display. In addition, proof that the competent individual handling the consumer display has received the requisite training shall be attached to the application.
  4. A criminal background check of applicants may be conducted at the discretion of the Village Board before issuance of a consumer display permit. No consumer display permit shall be issued to applicants who have been convicted of a felony or any violation of a criminal statute or local ordinance related to the illegal sale of fireworks.
  5. A consumer display permit shall be issued only after inspection of the display site by the Chief of the Respective Fire Protection District, or his or her designee, to determine, in writing, that the display is in full compliance with the rules adopted by the State Fire Marshal.
  6. Consumer display permits shall be signed by the Village Clerk, or his or her designee, and the Chief of the Respective Fire Protection District or his or her designee, and must identify the trained individual handling the consumer display.
  7. After a consumer display permit has been granted, sales, possession, use, and distribution of consumer fireworks for display shall be lawful for that purpose only.
  8. No consumer display permit granted hereunder shall be transferable.
  9. The application fee for a consumer display permit shall be $25.00.  Additional fees may be incurred (i.e. if background check is conducted and costs are incurred; if Fire Marshall conducts training and costs are incurred for such training.)

Section 3: Foot Rule.

No pyrotechnics or fireworks shall be discharged, ignited or exploded at any point in the Village within 600 feet of any hospital, asylum, infirmary, school, church, retirement community, assisted living center or complex where more than three senior citizens are residing.

Section 4. Theaters or Public Halls.

The use of what are technically known as fireworks showers or any mixture containing potassium chlorate, and Sulphur in theatres or public halls is prohibited.

Section 5. Railroad, Truck and Aircraft Industry.

Nothing herein shall be construed as prohibiting the manufacture, storage or use of signals or fuses necessary for the safe operation of railroads, trucks, aircraft, or other instrumentalities of transportation.

Section 6. Forms.

All applications, permits and site inspection records shall be on forms approved by the State Fire Marshal.

Section 7. Class A Misdemeanor.

Any person violating these provisions shall be guilty of a Class A misdemeanor.

Section 8. Penalty.

Any person who violates the prohibitions of this Chapter shall be subject to a fine of not to exceed $750.00 and confiscation of the prohibited materials. Each and every violation of this Chapter and every day of a violation shall constitute a separate offense.

Section 9:

All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed insofar as the conflict herewith.

ADOPTED THIS 12th DAY OF April, 2017, pursuant to roll call vote as follows:

Steve Subick    NAY

Craig Rimar     AYE

Carol VanLoo  AYE

Joan Dorsey     AYE

AYES:  3         NAYES:  1       ABSENT:  0

APPROVED THIS 12th DAY OF APRIL, 2017.

 //signed// STEVE SUBICK

STEVE SUBICK – VILLAGE PRESIDENT

 //signed// DONNA HEINKE

 DONNA HEINKE – VILLAGE CLERK

 

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