[HISTORY: Adopted by the Board of Trustees of the Village of Westville as Ch. 7, Art. VIII, of the 2015 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
- COMMON FIREWORKS
- Any fireworks designed primarily to produce visual or audible effects by combustion.
- A. The term includes:
- (1) Ground and hand-held sparkling devices, including items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, and flitter sparklers;
- (2) Smoke devices;
- (3) Fireworks commonly known as helicopters, aerials, spinners, roman candles, mines and shells;
- (4) Class C explosives classified as common fireworks by the United States Department of Transportation, by regulations found in the Code of Federal Regulations.
- B. The term does not include fireworks commonly known as firecrackers, salutes, chasers, skyrockets, and missile-type rockets.
- DANGEROUS FIREWORKS
- Any fireworks not defined as a "common firework."
- Any composition or device, in a finished state, containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and classified as common or special fireworks.
It is unlawful for any person to sell any fireworks within the Village other than those fireworks designated in § 195-5 of this chapter, provided that this prohibition shall not apply to duly authorized public displays.
It is unlawful for any person to sell, possess, use, transfer, discharge or explode any dangerous firework within the Village; provided that this prohibition shall not apply to duly authorized public displays.
It is unlawful for any person to engage in the retail sale of or to sell fireworks or to hold, conduct, or engage in a public display of fireworks within the Village without first having obtained a valid permit issued pursuant to the provisions of this chapter.
No permit holder shall offer for retail sale or sell any fireworks within the Village except from 12:00 noon on the 28th of June to 12:00 noon on the 6th of July of each year. No fireworks may be sold or discharged between the hours of 11:00 p.m. and 9:00 a.m.; provided the sale and use of fireworks as provided in this section shall be limited to the following: dipped sticks, sparklers and smoke devices.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The annual fee for a seller's permit for the sale of fireworks as may be authorized under this chapter shall be set from time to time by the Board of Trustees by resolution, payable in advance. The fee for a public display permit for the public display of fireworks shall be set from time to time by the Board of Trustees by resolution, payable in advance, unless waived by the Village Board.
Sellers. Each seller's permit issued under this chapter shall be for only one retail outlet. The number of seller's permits shall not be limited as long as all conditions are met as stated in § 195-11 of this chapter. Each seller's permit issued pursuant to this chapter shall be valid only for the current year, shall be used only by the designated permittee and shall be nontransferable.
Public display permit. Each public display permit issued pursuant to this chapter shall be valid for the specific authorized public display event only, shall be used only by the designated permittee and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit granted in addition to all other sanctions provided in this chapter.
Applications for a permit to conduct a public display of fireworks shall be made to the Fire Chief at least 14 days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public display, and as set forth in § 195-12 of this chapter.
Applications for seller's permits shall be made to the Village Clerk annually on or after April 1 of the year for which the permit is issued and the filing period shall close on April 15 of such year unless extended by action of the Village Board. Applications shall be signed by the retail seller, if an individual, or by the duly authorized officer, if an association or corporation. It is unlawful for a fireworks manufacturer, wholesaler or supplier to make application for or to obtain a retail sales permit on behalf of any retailer. Seller's permits for the sale of those fireworks allowed pursuant to § 195-4 of this chapter shall be issued only to applicants meeting the following conditions:
The retailer or person in charge and responsible for the retail operation shall be 21 years of age or older, of good moral character and of demonstrated responsibility.
The applicant shall have a valid and current license issued by the State of Illinois authorizing the holder to engage in the retail sale of fireworks. (425 ILCS 35)
The applicant shall own or have the right to possess a temporary fireworks stand complying with the requirements of this chapter.
The applicant shall procure and maintain a policy or policies of public liability and property damage insurance issued by a company or companies authorized to do business in the State of Illinois in the following minimum amounts: $500,000 for injuries to any one person in one accident or occurrence; $1,000,000 for injuries to two or more persons in any one accident or occurrence; $500,000 for damage to property in any one accident or occurrence; $1,000,000 combined single limit for any one accident or occurrence. In addition, the Village is to be an additional named insured and the policy shall provide for the immediate notification of the Village by the insurer of any cancellation of any policy.
The permit holder's location or place of business shall be only in those areas or zones within the Village where commercial activities are authorized under applicable zoning law; provided that the sale of those fireworks authorized by § 195-5 of this chapter shall not be deemed an enlargement of an existing nonconforming use.
The applicant shall post with the Village a performance bond or a cash deposit in an amount not less than $200, conditioned upon the prompt removal of the temporary fireworks stand and the cleaning up of all debris from the site of the stand, which deposit shall be returned to the applicant only in the event that the applicant removes the temporary stand and cleans up all debris to the satisfaction of the Village. In the event the applicant fails to do so, the performance bond or cash deposit shall be forfeited. In no event shall the applicant be entitled to the return of the performance bond or cash deposit if he or she has failed to remove the stand and clean up all debris by the 10th of July following the sales period.
No seller's permit shall be issued for a location which fails to meet the criteria set forth in § 195-11 of this chapter, including the minimum stand separation requirement. When necessary, in order to determine priority as to a proposed location, the earliest date and time of filing of an application for a seller's permit with the Village Clerk shall be controlling.
All approved fireworks as set forth in § 195-5 of this chapter, except toy paper caps containing not more than 0.25 grain of explosive compound for each cap and trick or novelty devices not classified as common fireworks, shall be sold and distributed only from temporary stands.
The temporary stands of all seller's permit holders shall conform to the following minimum standards and conditions:
Temporary fireworks stands need not comply with all provisions of the Building Code; provided, however, that all such stands shall be erected under the supervision of the Village Building Inspector, who shall require all stands to be constructed in a safe manner, ensuring the safety of attendants and patrons. In the event any temporary stand is wired for electricity, the wiring shall conform to the electrical code.
No temporary fireworks stand shall be located within 50 feet of any other building or structure, nor within 250 feet of any gasoline station, oil storage tank or premises where flammable liquids or gases are kept or stored.
Each temporary fireworks stand must have at least two exits, which shall be unobstructed at all times.
Each temporary fireworks stand shall have, in a readily accessible place, at least two 2 1/2 gallon pressurized water fire extinguishers which are in good working order.
All weeds, grass, and combustible material shall be cleared from the location of the temporary fireworks stand and the surrounding area to a distance of not less than 25 feet, measured from the exterior walls of the temporary fireworks stand.
No smoking shall be permitted in or near a temporary fireworks stand for a distance of not less than 50 feet measured from the exterior walls of the temporary fireworks stand. Signs stating: "No Smoking Within 50 Feet" shall be posted on the exterior of each wall of the temporary fireworks stand.
Each temporary fireworks stand shall have a person who is 18 years old or older in attendance at all times the stand is stocked. Stock from the stand shall not be removed and stored in any other building during the sales period without the express approval of the Fire Chief.
All unsold stock and accompanying litter shall be removed from the temporary fireworks stand by 12:00 noon on the 7th day of July of each year.
No temporary fireworks stand shall be located within 500 feet of any other temporary fireworks stand.
Each temporary fireworks stand shall have provisions for sufficient off-street parking, at least 15 spaces, to avoid impeding a continuous flow of traffic at entrances and exits from the premises.
No person shall discharge any fireworks within 250 feet of the exterior walls of any temporary fireworks stand. Signs stating: "No discharge of fireworks within 250 feet." shall be posted on the exterior of all walls of the temporary fireworks stand.
All public fireworks displays shall conform to the following minimum standards and conditions:
All public fireworks displays shall be planned, organized and discharged by pyrotechnician. "Pyrotechnician" means an individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging displays of special fireworks. All individuals shall have a license under the provisions of the Pyrotechnic Distributor and Operator Licensing Act (225 ILCS 227).
A permit must be obtained from the Village and approved by the Fire Chief or designee prior to any display of public fireworks. The permit shall include the name of the applicant and his or her address, the name of the pyrotechnician and his or her address; the exact location, date and time of the proposed display; the number, type and class of fireworks to be displayed; the manner in which the fireworks are being stored prior to the public fireworks display; and shall include the name and address of the insurance company providing the bond required.
A drawing shall be submitted to the Fire Chief showing a plan view of the fireworks discharge site and the surrounding area within a five-hundred-foot radius. The drawing shall include all structures, fences, barricades, street fields, streams and any other significant factors that may be subjected to ignition or that may inhibit fire-fighting capabilities.
When, in the opinion of the Fire Chief, such requirement is necessary to preserve the public health, safety and welfare, the permit may require that a Fire Department pumper and a minimum of two trained firefighters shall be on site 30 minutes prior to and after the shooting of the event. The exhibitor shall repay the Village for all costs to firefighters for such time.
All combustible debris and trash shall be removed from the area of discharge for a distance of 300 feet in all directions.
All unfired or "dud" fireworks shall be disposed of in a safe manner.
A minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket shall be required to be at the fireworks discharge site.
The permit shall be immediately revoked at any time the Fire Chief or a designee deems such revocation is necessary due to noncompliance, weather conditions such as, but not limited to, extremely low humidity or high winds. The display shall also be cancelled by accidental ignition of any form of combustible or flammable material in the vicinity due to falling debris from the display.
Areas of public access shall be determined by the Fire Chief or designer and maintained in an approved manner.
It shall be unlawful for any person to discharge or possess any fireworks upon public land or in any public park, owned by the Village; provided, however, that such use shall be permitted under the following circumstances:
This provision shall not apply to possession of fireworks in the otherwise lawful use of public rights-of-way such as sidewalks and planting strips. This subsection shall not be a defense to a charge of obstructing traffic or otherwise obstructing a public right-of-way.
The Fire Chief shall designate limited areas for use during the hours permitted by this chapter for the discharge of fireworks as allowed by § 195-5 of this chapter. Otherwise, lawful discharge and possession of fireworks as allowed by § 195-5 in such areas shall not be a violation of this section. In doing so, the Fire Chief shall consider:
The sensitivity of the area's environment, wildlife and wildlife habitat;
The inconvenience and nuisance to abutting property owners;
The safety and suitability of the area as a place for the discharge of fireworks; and
Danger of fire or other destruction of public property and improvements from the use of the fireworks.
Upon designation of any area, it shall be signed and posted by July 1 of each year for use on July 4 between the hours of 9:00 a.m. and 11:00 p.m. Designation of any area may be appealed in writing to the Village Board by any citizen of the Village. The decision of the Village Board shall be final.
Nothing in this chapter shall be deemed to limit the authority of the Village Board to allow event display of special fireworks under a permit issued in accordance with the provisions of this chapter and state statutes.
This chapter does not prohibit the assembling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio, or television productions, theatricals or operas when such use and display are a necessary part of the production and such person possesses a valid permit issued by the Village in accordance with § 195-7 and § 195-8 of this chapter.
This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The provisions of this chapter shall not be applicable to toy paper caps containing not more than 0.25 grain of explosive compound for each cap and trick nor to novelty devices not classified as common fireworks.
This chapter is intended to implement applicable state law, to wit, 225 ILCS 227 and 425 ILCS 35, and shall be construed in connection with that law and any and all rules or regulations issued pursuant to that law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Fire Chief or designee is authorized to enforce all provisions of this chapter and, in addition to criminal sanctions or civil remedies, may revoke any permit issued pursuant to this chapter upon any failure or refusal of the permittee to comply with the lawful orders and directives of the Fire Chief or designee, or to comply with any provisions of this chapter or the requirements of Chapter 360, Zoning, relating to temporary structures.
It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another.