Exemption from noise law for fireworks displays — See Ch. 205.
§ 167-2Manufacture of fireworks.
§ 167-3Sale of fireworks.
§ 167-4Fireworks display and permits.
§ 167-5Pyrotechnic distributor and operator
§ 167-7Hours of display.
§ 167-8Indoor pyrotechnic displays.
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.
- CONSUMER DISTRIBUTOR
- 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.
- CONSUMER FIREWORKS
- 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.
- CONSUMER FIREWORKS DISPLAY or CONSUMER DISPLAY
- The detonation, ignition, or deflagration of consumer fireworks to produce a visual or audible effect.
- CONSUMER OPERATOR
- 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.
- CONSUMER RETAILER
- Any person who offers for sale, sells, or exchanges for consideration consumer fireworks in Illinois directly to any person with a consumer display permit.
- DISPLAY FIREWORKS
- 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.
- 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 Distributor and Operator Licensing Act (225 ILCS 227/1 et seq.).
- 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 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.
- PYROTECHNIC DISPLAY
- 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.).
- SPECIAL EFFECTS FIREWORKS
- 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.
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.
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.
The Village Board of Trustees will grant permits only for pyrotechnic display.
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.
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.
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.
The Village Clerk shall forward all completed application forms to the Chief within five working days of receipt.
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.
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.
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.
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.
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.
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.
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.
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.