G40-08 •
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
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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.
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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.
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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.
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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.
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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
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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
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