§ 51.11. Fireworks.

(a)

Definition. The terms fireworks and/or pyrotechnics means and includes any explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect of a temporary exhibitional nature by explosion, combustion, deflagration or detonation, and shall include blank cartridges, toy cannons, in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, bombs, or other fireworks of like construction and any fireworks containing any explosive compound, or any tablets or other device containing any explosive substances, or containing combustible substances producing visual effects; provided, however, that the term "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, providing 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 which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times.

(b)

Prohibition. Except as provided in subsections (c) and (d) hereof it shall be unlawful for any person, firm, copartnership, or corporation to knowingly possess, offer for sale, expose for sale, sell at retail, or use or explode any fireworks or give any fireworks or pyrotechnic display or exhibition, whether supervised or unsupervised.

(c)

Supervised Public Displays of Fireworks. No supervised public displays or exhibition of fireworks or pyrotechnics shall be given unless a permit therefor shall first be secured from the Fire Chief. Every such display shall be handled by a competent individual designated or approved by the Fire Chief and shall be of such a character and so located, discharged or fired, as not to be hazardous to property or endanger any person or persons. Application for permits shall be made in writing at least fifteen (15) days in advance of the date of the display and action shall be taken on such application within forty-eight (48) hours after such application is made. After such privilege shall have been granted, sales, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

Permits may be granted hereunder to any groups of three or more adult individuals applying therefor.

The Fire Chief shall require evidence of insurance or risk protection in a form and at limits approved by the City Attorney. Such insurance shall name the City, its agents, officers and employees as additional insureds. There shall be no cost to the City for such insurance.

Such permit shall be issued only after inspection of the display site by the issuing officer, to determine that such display shall not be hazardous to property or endanger any person or persons. Forms for such application shall be available from the Fire Chief and require such information as the Fire Chief deems appropriate to effectuate the purpose of this Section.

Permits required hereunder shall be in addition to any permit, license or approvals required under state statute and regulations promulgated pursuant thereto.

(d)

Exemption.

(1)

It shall not be a violation of this Section for any party or person holding a certificate of registration under the Fireworks Regulation Act of Illinois (Ill. Rev. Stat. 1985, Ch. 127 1/2, Sec. 101 et seq.), or any employee or agent thereof or any person transporting fireworks for such party to possess fireworks, provided such possession is within the scope of business of the fireworks plant registered under that Act.

(2)

Nothing in these regulations 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.

(7/5/88)