For purposes of this Article 7, the following terms shall have
the meanings indicated:
Any explosive composition, or any substance or combination
of substances, or article prepared for the purpose of producing an
audible effect by explosion, deflagration or deterioration, or for
the purpose of producing visual effects, 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 of like construction
and any fireworks containing any explosive compound, or any nonmedicinal
tablets or other device containing any explosive substances, or containing
combustible substances producing visual effects; provided, however,
that the term "fireworks" shall not include toy pistols, toy canes,
toy guns, rockets or other devices in which paper caps containing
0.25 grain 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 toy pistol paper caps which contain
less than 0.20 grain of explosive mixtures, the sale and use of which
shall be permitted at all times.
Except as otherwise provided in this Code, it shall be unlawful
for any person to possess, use, display, ignite, sell or offer for
sale any fireworks within the Village.
The Village Manager, or his or her designee, may, upon due application,
issue a permit pursuant to this article to a properly qualified person
for the discharge of fireworks and for pyrotechnical displays in public
places, or such other places as deemed adequate, and for the possession
of fireworks necessary to carry out such display.
Application for fireworks permits shall be in writing and shall
state the name of the person, place of residence and age, the place
where it is proposed to give such display of fireworks, and the experience
the applicant has had in the discharge of fireworks.
Upon receipt of an application for a fireworks permit, the Village
Manager shall refer the application to the Village Fire Chief and
Chief of Police. The Fire Chief shall cause to be inspected the premises
at the location for which the fireworks display is proposed. If in
the judgment of the Fire Chief and the Chief of Police it would not
be hazardous to surrounding property or dangerous to any person or
persons to permit such display of fireworks at such location, they
shall recommend to the Village Manager approval of the permit. The
Fire Chief and the Chief of Police may each recommend to the Village
Manager any restrictions to the permit he or she believes necessary
to safeguard life and property. The Village Manager shall thereafter
issue such permit, with such reasonable restrictions as he or she
deems necessary for the purpose of health, welfare and safety.
Upon payment of the required fee, in the amount set forth in
the Annual Fee Resolution,[1] and the filing of an indemnity bond protecting the Village,
in a form to be approved by the Village Attorney and in a minimum
amount as set forth in the Annual Fee Resolution, to indemnify the
Village and to insure against the filing of any and all claims arising
through or because of such public display, the Village Manager shall
issue the requested fireworks display permit. Such permit shall designate
the kinds and quantities of fireworks to be used at such display,
and no other kinds and no greater quantities of fireworks than therein
specified shall be used at such display.
Charitable organizations and not-for-profit corporations shall
not be required to pay a fee in order to obtain a license to conduct
a fireworks display.
