[Adopted 10-14-2008 by Ord. No. 08-054]
For the purposes of this article, the following words, terms and phrases, when used herein, shall have the meanings ascribed to them in this section:
FIREWORKS
Includes any explosive composition or a substance or combination of substances or any article prepared for the purpose of producing a visible or audible effect of a temporary exhibitional nature by explosion, combustion, deflagration, or detonation, and includes blank cartridges, toy cannons in which explosives are used, the type of balloons which require fire underneath to propel the balloons, firecrackers, M-80s, cherry bombs, torpedoes, skyrockets, Roman candles, bombs, or other fireworks of like construction and any fireworks containing any explosive compound or any tablet or other device containing any explosive substance or containing combustible substances producing visual effects. However, the term "fireworks" shall not include snake or glowworm pellets; smoke devices; trick noisemakers known as party poppers, booby traps, snappers, trick matches, cigarette loads, and auto burglar alarms; wire 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 is used, provided they are constructed so that the hand cannot come into contact with the cap when in place for the explosion; and toy pistol paper or plastic caps which contain less than 0.25 grain of explosive mixture.[1]
PYROTECHNIC DISPLAY
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 Use Act of the State of Illinois (425 ILCS 35/0.01 et seq.) and Pyrotechnic Distributor and Operator Licensing Act of the State of Illinois (225 ILCS 227/1 et seq.).
SMOKE DEVICE
A tube or sphere containing a pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
SNAKE or GLOWWORM
Pressed pellets of pyrotechnic composition that produce a large, snake-like ash which is designed to expand in length as the pellet burns. These devices may not contain mercuric thiocyanate.
TRICK NOISEMAKER
An item that produces a small report intended to surprise the user.
WIRE SPARKLER
Wire coated with a pyrotechnic composition that produces a shower of sparks upon ignition. These items may not contain magnesium and must not exceed 100 grams of composition per item. Devices containing any chlorate or perchlorate salts may not exceed five grams of composition per item. These items include the following:
A. 
AUTO BURGLAR ALARMA tube which contains a pyrotechnic composition that produces a loud whistle and/or smoke when ignited. A small quantity of explosive, not exceeding 50 milligrams, may be used to produce a small report. A squib is used to ignite the device.
B. 
BOOBY TRAPA small tube with a string protruding from both ends, similar to a party popper design. The ends of the string are pulled to ignite the friction-sensitive composition, producing a small report.
C. 
CIGARETTE LOADA small wooden peg that has been coated with a small quantity of explosive composition. Upon ignition of a cigarette containing one of the pegs, a small report is produced.
D. 
PARTY POPPERA small plastic or paper item containing not more than 16 milligrams of explosive composition that is friction-sensitive. A string protruding from the device is pulled to ignite it, expelling paper streams and producing a small report.
E. 
SNAPPERA small, paper-wrapped item containing a minute quantity of explosive composition coated on small bits of sand. When dropped, the devices explode, producing a small report.
F. 
TRICK MATCHA kitchen or book match that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition to the match, a small report or a shower of sparks is produced.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Except as hereinafter provided, it shall be unlawful to possess, sell, exhibit for sale, offer for sale, shoot, explode or otherwise use or exhibit fireworks, firecrackers, torpedoes, Roman candles, skyrockets, cherry bombs, M-80s, or other pyrotechnic displays within the corporate limits of the Village of Homer Glen.
B. 
Nothing contained in this article shall be construed as prohibiting the manufacture, storage, or use of signals or fuses necessary for the safe operation of railroads, trucks, aircraft, emergency vehicles or other instrumentalities of transportation.
A. 
Pyrotechnic displays shall only be conducted pursuant to a permit obtained from the Village.
B. 
All pyrotechnic displays require the services of a licensed lead pyrotechnic operator and a licensed pyrotechnic distributor. A licensed lead pyrotechnic operator shall be present during a pyrotechnic display and shall personally supervise all assistants, including all phases of the pyrotechnic display. The lead pyrotechnic operator must be in possession of and able to produce his or her license upon request at all times during the delivery, setup, and performance of the display.
C. 
All 1.3G fireworks displays and storage shall be conducted in accordance with National Fire Protection Association Standards 1123 (Fireworks Display) and 1124 (Storage) and the applicable provisions of the Homer Glen Building Ordinance.[1] Storage of display fireworks (1.3G and above) shall comply with the storage requirements set forth by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives at 27 CFR 555.1 et seq., and by the Illinois Department of Natural Resources pursuant to Article 3 of the Illinois Explosive Act (225 ILCS 210).
[1]
Editor's Note: See Ch. 75, Buildings, Art. I.
D. 
No pyrotechnic displays shall be conducted within 600 feet of any hospital, asylum, or infirmary.
E. 
Pyrotechnic displays shall not be conducted indoors.
A. 
Each applicant for a pyrotechnic display permit shall submit a completed application form and such information as required by the Village Manager and/or his or her designee at least 15 days in advance of the date of the pyrotechnic display. The application shall contain the following information:
(1) 
The name and address of the applicant.
(2) 
The date, location, beginning and ending times of the proposed display.
(3) 
The name and address of the lead pyrotechnic operator, along with proof that said operator possesses a valid license from the State of Illinois.
(4) 
The names and addresses of all assistants to the lead pyrotechnic operator, along with proof that said persons are at least 18 years of age.
(5) 
The name and address of the pyrotechnic distributor, along with proof that said distributor possesses a valid license from the State of Illinois.
(6) 
Proof of liability insurance in a sum not less than $1,000,000. Such insurance shall be carried with an insurer authorized to do business in the State of Illinois and insure the applicant against liabilities, judgments, costs, damages and expenses that may accrue against, be charged to or be recovered from the applicant on the reason of damage to property or injury to or death of any person arising from the pyrotechnic display or flame-effect display. Such insurance coverage shall be an occurrence-based policy, and it shall cover all periods of time when pyrotechnic materials, including flame-effect materials, are in the insured's actual or constructive possession, including those times when the materials are being stored, transported, handled, used, discharged, and displayed.
B. 
No permit shall be issued unless the Chief of the Fire Protection District, 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 that the display shall not be hazardous to property or endanger any person or persons. Permits must be signed by the Chief of the Fire Protection District, or his or her designee.
C. 
After a permit has been granted, sales, possession, use and distribution of display fireworks for the display shall be lawful for that purpose only.
D. 
No permit granted hereunder shall be transferable.
A. 
Permit holders shall notify the Village within 24 hours after any fire, injury to any person resulting from the display or damage to property in excess of $500, in the aggregate, resulting from the display. The Village shall notify the State Fire Marshal by telephone or in writing within three days after learning of the accident.
B. 
Licensed pyrotechnic distributors and licensed lead pyrotechnic operators shall report the theft or loss of fireworks to the Will County Sheriff's Department in accordance with Section 230.190 of the Pyrotechnic Distributor and Operator Licensing Rules (41 Ill. Adm. Code 230.190) and the applicable regulations of the Illinois Department of Natural Resources and the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Village shall maintain a copy of each display permit issued for a minimum of four years from the date of the display. Any reports of fire, injury, property damage, theft or loss of fireworks that are submitted to the Village shall be maintained with the copy of the display permit.
Any person violating this article shall be fined not less than $100 nor more than $1,000. Each day that a violation exists shall constitute a separate offense.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Original Section 9, Enforcement, of Ord. No. 08-054, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).