[Adopted 10-14-2014 by Ord. No. 2014-006]
A person shall not possess, sell, ignite, use, or discharge
any fireworks within the Village except as permitted by the Act and
this article.
A permit from the Village Council shall be required for the
possession, use, or discharge of display fireworks, articles pyrotechnic
or special effects (collectively for purposes of this article hereinafter
"display fireworks") for public or private display within the Village
on terms and in a manner consistent with the Act. The storage of fireworks
shall be prohibited in the Village except in compliance with the Act.
All permits shall be subject to compliance with this article and the
Act. In the event of any conflict between this article and the Act,
the more stringent provision shall control.
Before a permit for display fireworks is granted by the Village
Council, the applicant shall furnish to the Village a liability insurance
policy, in a form satisfactory to the Village, in the amount of not
less than $5,000,000 to satisfy claims for damages to property or
personal injuries arising out of an act or omission on the part of
the applicant, or an agent or employee thereof. The Village shall
be named as an additional insured on the insurance policy. Before
a display fireworks permit is issued, the applicant shall furnish
a certificate of insurance for the policy which shall provide for
30 days' prior written notice to the Village of cancellation
or revocation of the policy.
The display of fireworks shall at a minimum comply with the
following:
A. Displays shall follow the NFPA (National Fire Protection Association)
1123 Code for Fireworks Display or Village policy, whichever is more
restrictive.
C. Displays shall be handled by an approved competent operator, and
the fireworks shall be arranged, located, and discharged and fired
in a manner that will not be a hazard to property or endanger any
person.
D. Unfired fireworks and trash remaining after the display is concluded
shall be immediately disposed of by the permittee in an approved,
safe manner.
E. The Village may require the permittee to use crowd control barriers
or security personnel approved by the Village for safety reasons.
F. The Village may determine that it is appropriate to assign fire apparatus
and personnel to be present during the display; in such event, the
Village Council may require the permittee to pay the costs thereof
in advance, as determined by the Village, as a condition of obtaining
the permit.
G. The Village Council may, in their sole discretion, impose additional
or more stringent requirements (including, without limitations, greater
distance requirements than those identified in this section) to protect
the safety of persons and property.
A violation of this article is a municipal civil infraction.
The penalty for a violation that is a municipal civil infraction shall
be a civil fine in an amount set by resolution of the Village Council
from time to time.