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HomeMy WebLinkAboutG40-08 • Ordinance No. G40-08 AN ORDINANCE AMENDING TITLE 10 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PUBLIC PEACE, MORALS AND WELFARE," TO CREATE CHAPTER 10.31, ENTITLED "FIREWORKS POSSESSION, SALE AND USE" WHEREAS, the unauthorized use of fireworks and pyrotechnics presents great danger and can cause grave injury to persons, especially children, and to property; and WHEREAS, the State of Illinois has amended both the Fireworks Use Act (425 ILCS 35/0.01, et seq.) and the Pyrotechnic Distributor and Operator Licensing Act (225 ILCS 227/0.01, et seq.), both of which prohibit the discharge of fireworks or pyrotechnics within the corporate limits of any municipality unless the municipality passes an ordinance regulating such displays; and WHEREAS, the City of Elgin is an Illinois home rule municipality with the power to regulate matters for the protection of the public health, safety, morals and welfare; and WHEREAS, the regulation and of the possession, sale and use of fireworks and pyrotechnics pertains to the public health, safety, morals and welfare of the City of Elgin; and WHEREAS, the Mayor and City Council of the City of Elgin have determined that rappropriately planned and conducted fireworks and pyrotechnic displays are beneficial to the public for commemorating celebratory events and has further determined that the regulation of firework and pyrotechnic displays within the city is in the public's interest and protects the health, safety and welfare of the city's residents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 10 of the Elgin Municipal Code, 1976, as amended, entitled "Public Peace, Morals and Welfare," be and is hereby amended by creating Chapter 10.31, entitled, "Fireworks Possession, Sale and Use,"to read as follows: SECTION: 10.31.010: Definitions 10.31.020: Possession, sale, and use of fireworks 10.31.030: Pyrotechnic displays 10.31.040: Consumer displays 10.31.050: Registration of consumer distributors and retailers 10.31.060: Prohibitions 10.31.070: Penalty r • 10.31.010: DEFINITIONS: As used in this chapter, 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 C.F.R. 172.101, as amended. 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 U.S. Consumer Products Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, as amended, and classified as fireworks UN0336 or UN0337 by the United States Department of Transportation under 49 C.F.R. 172.101, as amended. "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 twenty-five hundredths grains 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 twenty hundredths 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 section 10.31.040 of this chapter. 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., as amended. 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, as amended, and as may be further defined in the Pyrotechnic Distributor and Operator Licensing Act, 225 ILCS 227/1 et seq., as amended. r 2 LEAD PYROTECHNIC OPERATOR: An individual who is responsible for the safety, erbk 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., as amended. 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 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., as amended. 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 C.F.R. 172.101, as amended. STATE LAW: The Illinois Fireworks Use Act, 425 ILCS 35/0.01, et seq., as amended, and the Pyrotechnic Distributor and Operator Licensing Act, 225 ILCS 227/0.01, et seq., as amended. 10.31.020: POSSESSION, SALE, AND USE OF FIREWORKS: Except as hereinafter provided, it shall be unlawful for any person, firm, co-partnership, or corporation to knowingly possess, offer for sale, expose for sale, sell at retail, or use or explode any display fireworks, flame effects, or consumer fireworks in the city without first having been granted a permit by the city for pyrotechnic and consumer displays in accordance with this chapter, State law and any applicable State and local regulations. 10.31.030: PYROTECHNIC DISPLAYS: A. A pyrotechnic display permit shall be required for any pyrotechnic display and shall be issued by the fire chief or his or her designee upon compliance with the following conditions: 1. An application for a pyrotechnic display permit shall be made in writing at least 15 days in advance of the date of the pyrotechnic display, unless agreed to otherwise by the fire chief or his or her designee. 2. An applicant for a pyrotechnic display permit shall be eighteen (18) years of age or older. 3 • 3. An application for a pyrotechnic displays permit shall identify the licensed lead pyrotechnic operator who will be conducting the display and include a current and valid copy of the pyrotechnic operator's license as part of the application. 4. An application for a pyrotechnic display permit must identify the licensed pyrotechnic distributor from whom the pyrotechnics will be obtained and a current and valid copy of the pyrotechnic distributor's license shall be attached to the application. 5. An application for a pyrotechnic display permit must verify that all pyrotechnic assistants will be eighteen (18) years of age or older at the time the pyrotechnic display will be occurring. 6. The applicant seeking the pyrotechnic display permit must provide proof of liability insurance in a sum not less than $1,000,000 to the city before issuance of the permit. The insurance coverage shall be an occurrence-based policy and shall cover all periods of time when pyrotechnic materials are in the insured's actual and constructive possession. 7. A pyrotechnic display permit shall be issued only after the city's fire chief, or his or her 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 the city and that the display shall not be hazardous to property or endanger any person or persons. 8. A pyrotechnic display permit shall be signed by the city's fire chief, or his or her designee, and must identify the lead pyrotechnic operator and the pyrotechnic distributor. 9. After a pyrotechnic display permit has been granted, sales, possession, use, and distribution of display fireworks for the display shall be lawful for that purpose only. 10. No pyrotechnic display permit granted hereunder shall be transferable. 11. The application fee for a pyrotechnic display permit shall be $200.00. B. An indoor pyrotechnic display shall be permitted upon compliance with the foregoing provisions of this section. In addition, all indoor pyrotechnic displays shall be conducted in buildings protected by automatic sprinkler systems meeting the requirements of rules adopted by the State Fire Marshal pursuant to the Illinois Fireworks Use Act, 425 ILCS 35/0.01, et seq., as amended. C. No pyrotechnic display permit shall be required under the provisions of this chapter for supervised public displays by the city or any state or county fair associations. 4 10.31.040: CONSUMER DISPLAYS: A. A consumer fireworks display permit shall be required for any consumer display and shall be issued by the fire chief or his or her designee upon compliance with the following conditions: 1. An applications for a consumer fireworks display permit shall be made in writing at least 15 days in advance of the date of the display, unless agreed to otherwise by the city's fire chief. 2. An applicant for a consumer fireworks display permit shall be eighteen (18) years of age or older. 3. An application for a consumer fireworks display permit shall identify the competent individual who will be handling the consumer display and the training he or she has received from a consumer fireworks training class approved by the Office of the State Fire Marshal. Proof that the competent individual who will be handling the consumer display has received the requisite training must be attached to the consumer fireworks display permit application. 4. The city shall conduct a criminal background check of the applicant as a condition of issuing a consumer fireworks display permit. No consumer fireworks display permit shall be issued to any applicant who has been convicted of a felony or any violation of a criminal statute or local ordinance related to the unlawful sale of fireworks. 5. The applicant seeking the consumer fireworks display permit must provide proof of liability insurance in a sum not less than $250,000 to the city before issuance of the permit. The insurance coverage shall be an occurrence-based policy and shall cover all periods of time when pyrotechnic materials are in the insured's actual and constructive possession. 6. A consumer fireworks display permit shall be issued only after the city's fire chief, or his or her 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 the city and that the display shall not be hazardous to property or endanger any person or persons. 7. A consumer fireworks display permit shall be signed by the city's fire chief, or his or her designee, and must identify the trained individual handling the consumer display. 8. After a consumer fireworks display permit has been granted, sales, possession, use, and distribution of display fireworks for the display shall be lawful for that purpose only. 5 9. No consumer fireworks display permit granted hereunder shall be transferable. 10. The application fee for a consumer fireworks display permit shall be $200.00. 10.31.050: REGISTRATION OF CONSUMER DISTRIBUTORS AND RETAILERS: A. No person may act as a consumer distributor or retailer or advertise or use any title implying that the person is a consumer distributor or retailer unless registered with the Office of the State Fire Marshal. B. No consumer fireworks may be distributed, sold, transferred, or provided free of charge to an individual who has not been issued a permit in accordance with section 10.31.040 of this chapter or has not registered with the Office of the State Fire Marshal in accordance with this section. C. No person may sell to a single individual a quantity of consumer fireworks exceeding 499 pounds without prior approval by the Office of the State Fire Marshal. 10.31.060: PROHIBITIONS: A. No pyrotechnics or fireworks shall be discharged, ignited or exploded at any point in the city within 600 feet of any hospital, asylum or infirmary. B. The use of what are technically known as fireworks showers or any mixture containing potassium chlorate and sulphur in theatres or public halls is hereby prohibited. C. Nothing in this chapter shall be construed as prohibiting the manufacture, storage or use of signals or fuses necessary for the safe operation of railroads, trucks, aircraft or other instrumentalities of transportation. D. The sale and use of sparklers on any city property is hereby prohibited. 10.31.070: PENALTY: Violation of any section of this chapter shall, upon conviction, be punishable by a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) and confiscation of the prohibited materials. Each violation of this chapter and every day of a violation shall constitute a separate offense. Section 2. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment 6 shall not affect, impair or invalidate the remainder of this ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the City Council that this ordinance would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Zte= Caletio Ed Schock, Mayor Presented: June 11, 2008 Passed: June 11, 2008 Vote: Yeas: 6 Nays: 0 Recorded: June 12, 2008 Published: June 13, 2008 Attest: a-wz.- Diane Robertson, Cit Clerk 7