[HISTORY: Adopted by the Board of Trustees
of the Village of Williamsville 10-23-2006 by Ord. No. 2006-09. Amendments noted where applicable.]
GENERAL REFERENCES
Exemption from noise law for fireworks displays — See
Ch. 205.
The following words, phrases, and terms, whenever
they occur in this chapter, shall be interpreted as herein defined:
The Chief of the Williamsville Fire Protection District.
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.
Those fireworks that must comply with the construction, chemical
composition, and labeling regulations of the United States 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 0.25 grains or less of explosive compound
are used, provided that 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 0.20 grains
of explosive mixture, the sale and use of which shall be permitted
at all times.
The detonation, ignition, or deflagration of consumer fireworks
to produce a visual or audible effect.
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 425 ILCS 35/2.2.
Any person who offers for sale, sells, or exchanges for consideration
consumer fireworks in Illinois directly to any person with a consumer
display permit.
1.3G or special effects fireworks or as further defined in
the Pyrotechnic Distributor and Operator Licensing Act (225 ILCS 227/1
et seq.).
Those fireworks used for professional outdoor displays and
classified as fireworks UN0333, UN0334, or UN0335 by the United States
Department of Transportation under 49 CFR 172.101.
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 National Fire
Protection Association 160 guidelines, and as may be further defined
in the Pyrotechnic Distributor and Operator Licensing Act (225 ILCS
227/1 et seq.).
An individual who is responsible for the safety, setup and
discharge of the pyrotechnic display and who is licensed pursuant
to the Pyrotechnic Distributor and Operator Licensing Act (225 ILCS
227/1 et seq.).
The Illinois Office of the State Fire Marshal.
An individual, firm, corporation and/or agent of such person,
firm or corporation who has been issued a permit for supervised displays
of fireworks in the Village of Williamsville, Illinois.
An individual, firm, corporation, association, partnership,
company, consortium, joint venture, or commercial entity.
The detonation, ignition, or deflagration of display fireworks
or flame effects to produce visual or audible effects of a exhibitional
nature before the public, invitees, or licensees, regardless of whether
admission is charged, and as may be further defined in the Pyrotechnic
Distributor and Operator Licensing Act (225 ILCS 227/1 et seq.).
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 CFR 172.101.
The manufacture of fireworks within the Village
limits is prohibited except as authorized under the laws of this state.
No person shall offer for sale, distribute,
or sell at retail any type of fireworks within the Village limits.
The sale of sparklers on public property is prohibited within the
Village limits. All violations of this section should be reported
to local law enforcement or to the OSFM.
A.Â
The Village Board of Trustees may adopt reasonable
rules and regulations for the granting of permits for fireworks displays
pursuant to the provisions and rules of the Illinois Fireworks Use
Act, 425 ILCS 35/1 et seq.
B.Â
No person shall possess, store, use or explode any
pyrotechnic display or consumer fireworks within the Village's jurisdiction
without a valid fireworks display permit. No person under the age
of 21 years old shall be eligible to be issued such a display permit.
C.Â
The Village Board of Trustees will grant permits only
for pyrotechnic display.
D.Â
Written application for a pyrotechnic display permit
shall be filed on the form jointly approved by the Chief and the Village
and shall be available in the office of the Village Clerk. All applications
must be made at least 15 days in advance of the date of the display.[2]
[2]
Editor's Note: The application for pyrotechnic displays can
be obtained on the Village's website or in the Village offices.
E.Â
Each application must show proof of liability insurance
in a sum not less than $1,000,000 with an insurer authorized to do
business in Illinois. The permittee shall be responsible for all damages
or injuries occurring as a result of any pyrotechnic display permitted,
the amount not limited to the insurance provided.
F.Â
All individuals applying for pyrotechnic display permit
must include a copy of his or her lead pyrotechnic operator license
issued by the OSFM and a copy of his or her pyrotechnic distributor
license issued by the OSFM. Alternatively, the applicant must provide
proof that the pyrotechnic display services shall be provided by a
licensed pyrotechnic distributor and that the display shall be conducted
by a licensed lead operator and that both licenses have been issued
by the OSFM.
G.Â
The Village Clerk shall forward all completed application
forms to the Chief within five working days of receipt.
H.Â
The Chief shall investigate or cause to be investigated
each application to determine whether the display is of the character
and so located so as not to constitute an unreasonable hazard to any
person or property and whether it complies with all requirements for
pyrotechnic displays as contained in the Illinois Fireworks Use Act,
425 ILCS 35/1 et seq.
I.Â
The Chief shall inspect each display site and investigate
or cause to be investigated each application to determine whether
the display is of a character and so located so as to comply with
the requirements of this chapter. Following the investigation and
inspection of the display site, if the Chief determines that all requirements
of this chapter are satisfied, then the Chief or his designee shall
approve and issue the pyrotechnic display permit. A copy of each permit
shall be forwarded by the office of the Village Clerk to the Village
Chief of Police not less than 48 hours before the display.
J.Â
In the event that the Chief or his designee does not
approve the display permit, the applicant shall be informed by the
Chief or his designee in writing of the reasons therefor.
K.Â
The Village has the authority to refuse to issue display
permits at any time and for any reason and reserves the authority
to choose that only certain persons may apply for and receive pyrotechnic
display permits.
L.Â
The possession and use of pyrotechnics by the permittee
shall be lawful only for the purpose and display as contained in the
pyrotechnic display permit.
M.Â
No permit granted hereunder shall be transferable.
Only the permittee, pyrotechnic operator and pyrotechnic distributor
named on the permit shall be authorized to possess and display the
pyrotechnics.
A.Â
Any person who puts on a pyrotechnic display must
use or otherwise employ a licensed pyrotechnic distributor who must
employ a licensed lead operator who is present during any pyrotechnic
display and acts as a supervisor to all display assistants. A copy
of the application for a pyrotechnic distributor's license and the
lead operator's license must be obtained from the OSFM, and both licenses
must be obtained prior to the display site inspection, issuance of
permit and purchase of pyrotechnic display fireworks.
B.Â
All assistants to the lead operator must be 18 years
of age and must be registered with the OSFM, but there is no fee for
such registration.
Nothing in this chapter shall be construed to
prohibit the use of fireworks by railroads or other transportation
agencies for signal purposes or illumination, or the sale or use of
blank cartridges for a show or theater, or for use by military forces
of the State of Illinois, the United States, or authorized emergency
service agencies, such as a rescue squad or Fire or Police Department
of this or other municipalities.
No fireworks display shall be conducted before
10:00 a.m. or after 11:00 p.m., except where prior approval is granted
by the Chief and Village for special programs.
All indoor pyrotechnic displays shall be conducted
in buildings protected by automatic sprinkler systems. All display
sites for indoor pyrotechnic displays must be inspected prior to the
issuance of a permit for such display. The Village Fire Department
shall attend half-day training through OSFM as preparation for the
inspection of indoor display sites.
Any person violating the provisions of this
chapter shall be guilty of a Class A misdemeanor, and upon a finding
of guilty shall be punished by a fine of $500 per day of violation.
