[HISTORY: Adopted by the Board of Trustees of the Village
of Westville as Ch. 7, Art. VIII, of the 2015 Code. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
Any fireworks designed primarily to produce visual or audible
effects by combustion.
The term includes:
Ground and hand-held sparkling devices, including items commonly
known as dipped sticks, sparklers, cylindrical fountains, cone fountains,
illuminating torches, wheels, ground spinners, and flitter sparklers;
Smoke devices;
Fireworks commonly known as helicopters, aerials, spinners,
roman candles, mines and shells;
Class C explosives classified as common fireworks by the United
States Department of Transportation, by regulations found in the Code
of Federal Regulations.
The term does not include fireworks commonly known as firecrackers,
salutes, chasers, skyrockets, and missile-type rockets.
Any fireworks not defined as a "common firework."
Any composition or device, in a finished state, containing
any combustible or explosive substance for the purpose of producing
a visible or audible effect by combustion, explosion, deflagration,
or detonation, and classified as common or special fireworks.
Any fireworks designed primarily for exhibition display by
producing visible or audible effects. The term includes:
It is unlawful for any person to sell any fireworks within the Village other than those fireworks designated in § 195-5 of this chapter, provided that this prohibition shall not apply to duly authorized public displays.
It is unlawful for any person to sell, possess, use, transfer,
discharge or explode any dangerous firework within the Village; provided
that this prohibition shall not apply to duly authorized public displays.
It is unlawful for any person to engage in the retail sale of
or to sell fireworks or to hold, conduct, or engage in a public display
of fireworks within the Village without first having obtained a valid
permit issued pursuant to the provisions of this chapter.
No permit holder shall offer for retail sale or sell any fireworks
within the Village except from 12:00 noon on the 28th of June to 12:00
noon on the 6th of July of each year. No fireworks may be sold or
discharged between the hours of 11:00 p.m. and 9:00 a.m.; provided
the sale and use of fireworks as provided in this section shall be
limited to the following: dipped sticks, sparklers and smoke devices.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The annual fee for a seller's permit for the sale of fireworks
as may be authorized under this chapter shall be set from time to
time by the Board of Trustees by resolution, payable in advance. The
fee for a public display permit for the public display of fireworks
shall be set from time to time by the Board of Trustees by resolution,
payable in advance, unless waived by the Village Board.
A.
Sellers. Each seller's permit issued under this chapter shall be for only one retail outlet. The number of seller's permits shall not be limited as long as all conditions are met as stated in § 195-11 of this chapter. Each seller's permit issued pursuant to this chapter shall be valid only for the current year, shall be used only by the designated permittee and shall be nontransferable.
B.
Public display permit. Each public display permit issued pursuant
to this chapter shall be valid for the specific authorized public
display event only, shall be used only by the designated permittee
and shall be nontransferable. Any transfer or unauthorized use of
a permit is a violation of this chapter and shall void the permit
granted in addition to all other sanctions provided in this chapter.
Applications for a permit to conduct a public display of fireworks shall be made to the Fire Chief at least 14 days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public display, and as set forth in § 195-12 of this chapter.
Applications for seller's permits shall be made to the Village Clerk annually on or after April 1 of the year for which the permit is issued and the filing period shall close on April 15 of such year unless extended by action of the Village Board. Applications shall be signed by the retail seller, if an individual, or by the duly authorized officer, if an association or corporation. It is unlawful for a fireworks manufacturer, wholesaler or supplier to make application for or to obtain a retail sales permit on behalf of any retailer. Seller's permits for the sale of those fireworks allowed pursuant to § 195-4 of this chapter shall be issued only to applicants meeting the following conditions:
A.
The retailer or person in charge and responsible for the retail operation
shall be 21 years of age or older, of good moral character and of
demonstrated responsibility.
B.
The applicant shall have a valid and current license issued by the
State of Illinois authorizing the holder to engage in the retail sale
of fireworks. (425 ILCS 35)
C.
The applicant shall own or have the right to possess a temporary
fireworks stand complying with the requirements of this chapter.
D.
The applicant shall procure and maintain a policy or policies of
public liability and property damage insurance issued by a company
or companies authorized to do business in the State of Illinois in
the following minimum amounts: $500,000 for injuries to any one person
in one accident or occurrence; $1,000,000 for injuries to two or more
persons in any one accident or occurrence; $500,000 for damage to
property in any one accident or occurrence; $1,000,000 combined single
limit for any one accident or occurrence. In addition, the Village
is to be an additional named insured and the policy shall provide
for the immediate notification of the Village by the insurer of any
cancellation of any policy.
E.
The permit holder's location or place of business shall be only
in those areas or zones within the Village where commercial activities
are authorized under applicable zoning law;[1] provided that the sale of those fireworks authorized by § 195-5 of this chapter shall not be deemed an enlargement of an existing nonconforming use.
F.
The applicant shall post with the Village a performance bond or a
cash deposit in an amount not less than $200, conditioned upon the
prompt removal of the temporary fireworks stand and the cleaning up
of all debris from the site of the stand, which deposit shall be returned
to the applicant only in the event that the applicant removes the
temporary stand and cleans up all debris to the satisfaction of the
Village. In the event the applicant fails to do so, the performance
bond or cash deposit shall be forfeited. In no event shall the applicant
be entitled to the return of the performance bond or cash deposit
if he or she has failed to remove the stand and clean up all debris
by the 10th of July following the sales period.
G.
No seller's permit shall be issued for a location which fails to meet the criteria set forth in § 195-11 of this chapter, including the minimum stand separation requirement. When necessary, in order to determine priority as to a proposed location, the earliest date and time of filing of an application for a seller's permit with the Village Clerk shall be controlling.
All approved fireworks as set forth in § 195-5 of this chapter, except toy paper caps containing not more than 0.25 grain of explosive compound for each cap and trick or novelty devices not classified as common fireworks, shall be sold and distributed only from temporary stands.
The temporary stands of all seller's permit holders shall
conform to the following minimum standards and conditions:
A.
Temporary fireworks stands need not comply with all provisions of
the Building Code; provided, however, that all such stands shall be
erected under the supervision of the Village Building Inspector, who
shall require all stands to be constructed in a safe manner, ensuring
the safety of attendants and patrons. In the event any temporary stand
is wired for electricity, the wiring shall conform to the electrical
code.
B.
No temporary fireworks stand shall be located within 50 feet of any
other building or structure, nor within 250 feet of any gasoline station,
oil storage tank or premises where flammable liquids or gases are
kept or stored.
C.
Each temporary fireworks stand must have at least two exits, which
shall be unobstructed at all times.
D.
Each temporary fireworks stand shall have, in a readily accessible
place, at least two 2 1/2 gallon pressurized water fire extinguishers
which are in good working order.
E.
All weeds, grass, and combustible material shall be cleared from
the location of the temporary fireworks stand and the surrounding
area to a distance of not less than 25 feet, measured from the exterior
walls of the temporary fireworks stand.
F.
No smoking shall be permitted in or near a temporary fireworks stand
for a distance of not less than 50 feet measured from the exterior
walls of the temporary fireworks stand. Signs stating: "No Smoking
Within 50 Feet" shall be posted on the exterior of each wall of the
temporary fireworks stand.
G.
Each temporary fireworks stand shall have a person who is 18 years
old or older in attendance at all times the stand is stocked. Stock
from the stand shall not be removed and stored in any other building
during the sales period without the express approval of the Fire Chief.
H.
All unsold stock and accompanying litter shall be removed from the
temporary fireworks stand by 12:00 noon on the 7th day of July of
each year.
I.
No temporary fireworks stand shall be located within 500 feet of
any other temporary fireworks stand.
J.
Each temporary fireworks stand shall have provisions for sufficient
off-street parking, at least 15 spaces, to avoid impeding a continuous
flow of traffic at entrances and exits from the premises.
K.
No person shall discharge any fireworks within 250 feet of the exterior
walls of any temporary fireworks stand. Signs stating: "No discharge
of fireworks within 250 feet." shall be posted on the exterior of
all walls of the temporary fireworks stand.
All public fireworks displays shall conform to the following
minimum standards and conditions:
A.
All public fireworks displays shall be planned, organized and discharged
by pyrotechnician. "Pyrotechnician" means an individual who by experience
and training has demonstrated the required skill and ability for safely
setting up and discharging displays of special fireworks. All individuals
shall have a license under the provisions of the Pyrotechnic Distributor
and Operator Licensing Act (225 ILCS 227).
B.
A permit must be obtained from the Village and approved by the Fire
Chief or designee prior to any display of public fireworks. The permit
shall include the name of the applicant and his or her address, the
name of the pyrotechnician and his or her address; the exact location,
date and time of the proposed display; the number, type and class
of fireworks to be displayed; the manner in which the fireworks are
being stored prior to the public fireworks display; and shall include
the name and address of the insurance company providing the bond required.
C.
A drawing shall be submitted to the Fire Chief showing a plan view
of the fireworks discharge site and the surrounding area within a
five-hundred-foot radius. The drawing shall include all structures,
fences, barricades, street fields, streams and any other significant
factors that may be subjected to ignition or that may inhibit fire-fighting
capabilities.
D.
When, in the opinion of the Fire Chief, such requirement is necessary
to preserve the public health, safety and welfare, the permit may
require that a Fire Department pumper and a minimum of two trained
firefighters shall be on site 30 minutes prior to and after the shooting
of the event. The exhibitor shall repay the Village for all costs
to firefighters for such time.
E.
All combustible debris and trash shall be removed from the area of
discharge for a distance of 300 feet in all directions.
F.
All unfired or "dud" fireworks shall be disposed of in a safe manner.
G.
A minimum of two 2A-rated pressurized water fire extinguishers and
one fire blanket shall be required to be at the fireworks discharge
site.
H.
The permit shall be immediately revoked at any time the Fire Chief
or a designee deems such revocation is necessary due to noncompliance,
weather conditions such as, but not limited to, extremely low humidity
or high winds. The display shall also be cancelled by accidental ignition
of any form of combustible or flammable material in the vicinity due
to falling debris from the display.
I.
Areas of public access shall be determined by the Fire Chief or designer
and maintained in an approved manner.
It shall be unlawful for any person to discharge or possess
any fireworks upon public land or in any public park, owned by the
Village; provided, however, that such use shall be permitted under
the following circumstances:
A.
This provision shall not apply to possession of fireworks in the
otherwise lawful use of public rights-of-way such as sidewalks and
planting strips. This subsection shall not be a defense to a charge
of obstructing traffic or otherwise obstructing a public right-of-way.
B.
The Fire Chief shall designate limited areas for use during the hours permitted by this chapter for the discharge of fireworks as allowed by § 195-5 of this chapter. Otherwise, lawful discharge and possession of fireworks as allowed by § 195-5 in such areas shall not be a violation of this section. In doing so, the Fire Chief shall consider:
(1)
The sensitivity of the area's environment, wildlife and wildlife
habitat;
(2)
The inconvenience and nuisance to abutting property owners;
(3)
The safety and suitability of the area as a place for the discharge
of fireworks; and
(4)
Danger of fire or other destruction of public property and improvements
from the use of the fireworks.
C.
Upon designation of any area, it shall be signed and posted by July
1 of each year for use on July 4 between the hours of 9:00 a.m. and
11:00 p.m. Designation of any area may be appealed in writing to the
Village Board by any citizen of the Village. The decision of the Village
Board shall be final.
D.
Nothing in this chapter shall be deemed to limit the authority of
the Village Board to allow event display of special fireworks under
a permit issued in accordance with the provisions of this chapter
and state statutes.
This chapter does not prohibit the assembling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio, or television productions, theatricals or operas when such use and display are a necessary part of the production and such person possesses a valid permit issued by the Village in accordance with § 195-7 and § 195-8 of this chapter.
This chapter does not prohibit the use of flares or fuses in
connection with the operation of motor vehicles, railroads, or other
transportation agencies for signal purposes or illumination or for
use in forest protection activities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The provisions of this chapter shall not be applicable to toy
paper caps containing not more than 0.25 grain of explosive compound
for each cap and trick nor to novelty devices not classified as common
fireworks.
This chapter is intended to implement applicable state law,
to wit, 225 ILCS 227 and 425 ILCS 35, and shall be construed in connection
with that law and any and all rules or regulations issued pursuant
to that law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Fire Chief or designee is authorized to enforce all provisions of this chapter and, in addition to criminal sanctions or civil remedies, may revoke any permit issued pursuant to this chapter upon any failure or refusal of the permittee to comply with the lawful orders and directives of the Fire Chief or designee, or to comply with any provisions of this chapter or the requirements of Chapter 360, Zoning, relating to temporary structures.
It is unlawful for any person to discharge or use fireworks
in a reckless manner which creates a substantial risk of death or
serious physical injury to another person or damage to the property
of another.
