[HISTORY: Adopted by the County Board of
McLean County 4-18-2006 (Ch. 37 of the 1986 Code). Amendments noted where applicable.]
As used in this chapter, the following words
shall have the following meanings:
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.
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 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 0.25 grain of explosive
mixture; the sale and use of which shall be permitted at all times.
The detonation, ignition, or deflagration of consumer fireworks
to produce a visual or audible effect.
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.
1.3G or special effects fireworks or as further defined in
the Pyrotechnic Distributor and Operator Licensing Act (225 ILCS 227/1
et seq.).
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.).
An individual, firm, corporation, association, partnership,
company, consortium, joint venture, or commercial entity.
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
Distributor and Operator Licensing Act (225 ILCS 227/1 et seq.).
It shall be unlawful for any person to display
or allow to be displayed consumer fireworks and/or display fireworks
in the unincorporated areas of McLean County without a permit.
A.
Pyrotechnic
displays of display fireworks in the unincorporated areas of McLean
County shall be permitted upon compliance with the following conditions:
(1)
All persons shall file an application for a pyrotechnic
display permit at least 15 days in advance of the date of the pyrotechnic
display.
(2)
The application for a pyrotechnic display permit shall
contain identifying information for the person sponsoring the display,
the exact location of the display, the exact date and time of the
display, and identifying information for the individual who is the
licensed lead pyrotechnic operator supervising the display.
(3)
The application shall be accompanied by a certificate
of insurance from an insurance company licensed to do business in
the State of Illinois evidencing a minimum of $1,000,000 in liability
coverage.
(4)
The application shall also be accompanied by a current
and valid copy of the lead pyrotechnic operator's license.
(5)
The application shall also be accompanied by a written
approval letter or permit issued by the chief of the fire department
providing fire protection coverage to the area of the display, or
his or her designee, in accordance with state law.
(6)
After the permit has been granted, the possession,
use and display of display fireworks shall be lawful for that purpose
only. No permit granted hereunder shall be transferable.
(7)
No permit shall be required for supervised displays
of state or County fair associations.
B.
Provided that the application requirements have been
met by the applicant, a pyrotechnic fireworks display permit shall
be issued by the McLean County Clerk.
A.
All persons shall file an application for a consumer
display permit at least 15 days in advance of the date of the consumer
display.
B.
The application for a consumer display permit shall
contain identifying information for the person sponsoring the display,
the exact location of the display, the exact date and time of the
display, and identifying information for the consumer operator handling
the display, who shall have received training from a consumer fireworks
training class approved by the Office of the State Fire Marshal.
C.
The application shall be accompanied by a certificate
of insurance from an insurance company licensed to do business in
the State of Illinois evidencing a minimum of $100,000 per occurrence
for bodily injury and property damage.
D.
The application shall also be accompanied by a current
and valid copy of written proof that the consumer operator handling
the display has received training from a consumer fireworks training
class approved by the Office of the State Fire Marshal.
E.
The application shall also be accompanied by a written
approval letter or permit issued by the fire chief providing fire
protection coverage to the area of the display, or his or her designee,
in accordance with state law.
F.
The applicant shall also be subject to a criminal
background check as a condition of issuing a permit.
G.
After the permit has been granted, the possession,
use and display of display fireworks shall be lawful for that purpose
only. No permit granted hereunder shall be transferable.
I.
Provided that the application requirements have been
met by the applicant, a consumer fireworks display permit shall be
issued by the McLean County Clerk.
The rules and regulations, as may from time
to time be amended, for the administration of the Fireworks Use Act
(425 ILCS 35/0.01 et seq.), by the State Fire Marshal, including,
but not limited to, National Fire Protection Association (NFPA) 1123
guidelines for outdoor displays, NFPA 1126 guidelines for proximate
audience displays, audience proximity distances for consumer display
fireworks, and the list of approved consumer fireworks, are adopted
herein by reference.
Any person violating any provision of this chapter
shall be guilty of a petty offense punishable by a fine not to exceed
$500.
