[Amended 8-26-2006 by Ord. No. 08/28/06-1; 11-27-2006 by Ord. No. 11/27/06-3]
[Amended 6-3-2024 by Ord. No. 2024/06/03-2; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As used in this article, the following words shall have the following meanings:
1.3G FIREWORKS
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.
CHIEF
The Fire Chief of the Maroa Fire Protection District, which provides fire protection to all areas within the City of Maroa, Illinois.
CONSUMER FIREWORKS (1.4G)
Section 1 of the Pyrotechnic Use Act, 425 ILCS 35/1, defines "consumer fireworks" as "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 CFR Parts 1500 and 1507, and classified as fireworks UN0336 or UN0337 by the United States Department of Transportation under 49 CFR 172.101." The United States Department of Transportation assigns the following division numbers to the above-referenced fireworks identification numbers: UN0336 (1.4G) and UN0337 (1.4S). 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," "auto burglar alarms," sparklers and other devices in which paper or plastic caps containing 0.25 grain 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 0.20 grain of explosive mixture, the sale and use of which shall be permitted at all times.
FLAME EFFECT
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 Operator Licensing Act.
LEAD PYROTECHNIC OPERATOR
An individual who is responsible for the safety, setup and discharge of the pyrotechnic display and who is licensed pursuant to the Pyrotechnic Operator Licensing Act.
OFFICE
The Office of the Illinois State Fire Marshal.
PERSON
An individual, firm, corporation, association, partnership, company, consortium, joint venture or commercial entity.
PYROTECHNIC DISPLAY
The detonation, ignition or deflagration of display fireworks or flame effects to produce visual or audible effects of an exhibitional nature before the public, invitees or licensees, regardless of whether admission is charged, and as may be further defined in the Pyrotechnic Operator Licensing Act.
PYROTECHNIC OPERATOR LICENSING ACT
The Illinois Pyrotechnic Distributor and Operating Licensing Act (225 ILCS 227/1 et seq.).
PYROTECHNIC USE ACT
The Illinois Pyrotechnic Use Act (425 ILCS 35/0.01 et seq.).
[Amended 6-3-2024 by Ord. No. 2024/06/03-2; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
It shall be unlawful for any person to conduct a consumer or pyrotechnic display within the City of Maroa without having first secured a permit therefor issued by the City Clerk of the City of Maroa, and executed by the Chief of the Maroa Countryside Fire Protection District or his designee.
B. 
Application for the permit shall be made not less than 15 days in advance of the date of the display on a form provided by the City Clerk.
C. 
A fee as set from time to time by the City Council shall be provided by the applicant at the time the application for the permit is to be filed with the City Clerk.
D. 
A permit for a consumer display shall identify the consumer operator. A permit for a pyrotechnic display shall identify the lead pyrotechnic operator and the pyrotechnic distributor.
E. 
No permit issued hereunder shall be transferable.
[Amended 6-3-2024 by Ord. No. 2024/06/03-2]
A. 
A permit for a consumer or pyrotechnic display may be issued only after the Chief or his designee has inspected the site and determined that the display can be performed in full compliance with the rules adopted by the State Fire Marshal and that the display shall not be hazardous to property or endanger any person or persons. The Chief must execute the permit before it may be issued.
B. 
The applicant for a pyrotechnic display shall have in place at the time the application is filed, and during the time the display is to be conducted, liability coverage for bodily injury in an amount not less than $1,000,000 and for property damage in an amount not less than $1,000,000 and shall furnish the City of Maroa, at the time of making application for the permit, a certificate of insurance showing that such coverage is in force and naming the City of Maroa, its officers, employees and agents as additional insureds covered by such insurance, and including a provision that such policy or policies may not be canceled or amended without 14 days' prior written notice having been given to the City of Maroa. The applicant for a consumer display shall have in place at the time the application is filed, and during the time the display is to be conducted, liability coverage for bodily injury and for property damage in an amount not less than $1,000,000 and shall furnish the City of Maroa, at the time of making application for the permit, a certificate of insurance showing that such coverage is in force.
C. 
Every pyrotechnic display shall be conducted by a licensed lead pyrotechnic operator who is employed by a licensed pyrotechnics distributor. Both shall be specified in the application for the permit, and the applicant shall provide the City Clerk with a copy of both licenses, pursuant to the Pyrotechnic Operator Licensing Act.
D. 
The applicant shall include with his or her application a site plan in sufficient detail to allow the Chief to determine that the display can be performed in full compliance with the rules adopted by the State Fire Marshal and that the display shall not be hazardous to property or endanger any person or persons. Any revisions to the site plan required by the Chief shall be shown on a revised site plan accompanying the permit.
E. 
The applicant for a consumer display must complete consumer fireworks safety training as provided by the Office of the Illinois State Fire Marshal. This training is conducted under the authority of the Chief or his designee at the Maroa Countryside Fire Protection District and must be completed prior to a permit being issued.
Any persons violating of the provisions of this article shall be guilty of a Class 2 misdemeanor.