HomeMy WebLinkAboutOrdinance # 1926ORDINANCE NO. 1926
AN ORDINANCE CREATING TITLE 5, CHAPTER 12 (FIREWORKS USE ACT)
OF THE CANTON MUNICIPAL CODE
WHEREAS, the Illinois Legislature amended the Fireworks Use Act (425 ILCS 35),
effective July 25, 2005 and the Pyrotechnic Distributor and Licensing Act (225 ILCS
227) effective January 1, 2006; and
WHEREAS, said Amendments allow pyrotechnic displays only in villages, counties and
municipalities that have passed ordinances allowing such displays and only in those
locations; and
WHEREAS, the Public Safety Committee has determined that it is necessary and in the
best interest of the citizens of Canton, Illinois to create Title 5, Chapter 12 (Fireworks
Use Act) of the Canton Municipal Code and to adopt reasonable regulations to grant
permits for pyrotechnic displays; and
WHEREAS, the City Council has made a similar determination.
NOW, THEREFORE, be it ordained by the City Council of the City of Canton, Fulton
County, Illinois as follows:
That Title 5, Chapter 12 (Fireworks Use Act) be hereinafter created and read as follows:
5-12-1 Title. This Ordinance may be cited as the Fireworks Use Act.
5-12-2 Definitions. As used in this Ordinance, the following words shall have
the following meanings:
1. "1.3G fireworks" means those fireworks used as professional outdoor displays and
classified as fireworks UN0333, UN 0334, or UN0335 by the United States Department
of Transportation under 49 CFR 172.101.
2. "City" means the City of Canton, Illinois.
3. "Display fireworks" means 1.3G or special effects fireworks or as further defined in
the Pyrotechnic Operator Licensing Act (225 ILCS 227).
4. "Fire Chief 'means the Chief of the Canton Fire Department.
5. "Flame effect" means the detonation, ignition, or deflagration of flammable gasses,
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, and as may be
further defined in the Pyrotechnic Operator Licensing Act (225 ILCS 227).
6. "Lead Pyrotechnic Operator" means an individual who is responsible for the safety,
setup, and discharge of the pyrotechnic display and who is licensed pursuant to the
Pyrotechnic Operator Licensing Act (225 ILCS 227).
7. "Person" means an individual, firm, corporation, association, partnership, company,
consortium, joint venture or commercial entity.
8. "Pyrotechnic Display" means the detonation, ignition, or deflagration of display
fireworks or flame effects to produce visible 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 Operator Licensing Act. (225 ILCS 227).
5-12-3 Permit Required. Except as hereinafter provided, it shall be unlawful for
any person, firm, co-partnership, or corporation to knowingly use or explode any display
fireworks without having obtained a Pyrotechnic Display Permit from the City.
5-12-4 Pyrotechnic Display Permit Requirement.
A. Minimum Requirements. On behalf of the City, the Canton Fire Department Fire
Chief may issue a Pyrotechnic Display Permit to any adult applicant who meets the
following minimum requirements:
1. State License. Any applicant must provide evidence that the proposed pyrotechnic
display services are provided by a licensed pyrotechnic distributor and that the individual
responsible for the setup and firing of the display is a licensed lead pyrotechnic operator.
Said licenses must be issued by the State of Illinois and be current and in good standing.
2. Proof of Insurance. The City shall require proof of liability insurance in the sum of
not less than $1,000,000.00. The insurance shall be carried with an insurer authorized to
do business in the state of Illinois and shall insure the applicant against liability,
judgments, costs, damage, and expenses that may accrue against and be charged to or be
recovered from the applicant by reason of damage to property or injury to or death of any
person arising from the pyrotechnic display or flame effect display. The insurance
coverage shall be an occurrence-based policy and 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.
3. Fee. An application for a Pyrotechnic Display Permit shall be accompanied by a non-
refundable application of one hundred fifty dollars ($150.00).
4. Fire Chief Approval. The Fire Chief of the City of Canton or his/her designee must
have inspected the site and determined that the display can be performed in full
compliance with all state and local rules and that the display shall not be hazardous to
property or endanger any person or persons.
B. Time Frame to Apply. The applicant must submit a written application for a permit
at least fifteen (15) days in advance of the date of the pyrotechnic display, unless agreed
to otherwise by the Fire Chief.
C. No Permit Required. No permit shall be required for supervised public displays by
state or county fair associations.
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D. Age of Assistants. The applicant must submit proof that all assistants will be at least
eighteen (18) years of age. Proof should be in the form of a birth certificate or a state-
issued driver's license or identification card.
E. Identification and Signature Required on the Permit. Each pyrotechnic display
permit must identify the lead pyrotechnic operator and must include the signature of the
Fire Chief.
E. Purpose. After a permit has been granted, sales, possession, use, and distribution of
display fireworks for the display shall be lawful for that purpose only.
F. Transferability. No permit shall be transferable.
5-12-5. Restricted Locations. No firework shall be discharged, ignited, or
exploded at any point within six hundred (600) feet of any hospital.
5-12-6. Transportation Use. 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.
5-12-7. Forms. All applications, permits, and site inspection records shall be on
forms approved by the City. Incomplete applications will be considered null and void.
5-12-8. Violations and Penalties. Any person, firm, co-partnership, or
corporation violating the provisions of this ordinance shall be guilty of an ordinance
violation and fined not less than seventy-five dollars ($75.00) nor more than five hundred
dollars ($500.00) per occurrence and/or revocation of license.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular
meeting this ~~lay of ~,pril , 2008, upon a roll call vote as follows:
AYES• Alderrnex~ mss, Strandberg, Meade, Nidiffer, West, Sarff, Berardi,
• Schenck .
NAYS: None .
ABSENT:
r
R ney W. Heinze, M r
,_
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ATTEST:
Nancy hites, City Clerk
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APPLICATION FOR PYROTECHNIC DISPLAY PERMIT
City of Canton
PART A -Operator Information (to be completed by Lead Pyrotechnic Operator)
Name of operator: _
Illinois License No:
Address:
Phone:
(Photocopy must be attached)
Name of Distributor:
Illinois License No: _
Address:
Phone:
(Photocopy must be attached)
Name of Insurance Company: _
Amount of Liability Insurance:
(May NOT be less than $1,000,000.00)
Is the insurance company authorized to do business in Illinois? ^ Yes ^ No
(A photocopy of the ACCORD/declarations page of the policy must be attached.)
PART B -Display Information (to be completed by Lead Pyrotechnic Operator)
Sponsor of Display: _
Location of Display:
Venue Contact Info:
Proximate Audience:
Date of Display:
Assistants' Names:
Time of Display: From
Date of Birth
to
License No. (If anvl
*Proof of assistant(s)' date of birth must be attached (i.e. valid driver's license or state issued
identification card, or birth certificate)
*I verify that the above information is true and accurate. I am aware that any false statement
constitutes fraud and may result in revocation of my license.
Operator Date
Assistant Date
Assistant Date
Assistant Date
PART C -Approval (to be completed by FIRE CHIEF or his/her designee ONLY)
1. Illinois license attached, examined, and in good standing? ^ Yes ^ No
2. Insurance certificate attached, examined, and meets all criteria? ^ Yes ^ No
3. Application submitted at least 15 days prior to event? ^ Yes ^ No
4. Proof of assistant(s)' age attached, examined and at least
18 years of age? ^ Yes ^ No
5. Display location inspected by Fire Chief or his/her designee? ^ Yes ^ No
Date of Inspection:
Name:
Title:
Comments:
(Attach additional forms, if necessary)
6. Display can be performed in compliance with all state and ^ Yes ^ No
local regulations?
7. Fee paid? ^ Yes ^ No
8. Application for permit approved? ^ Yes ^ No
9. Expiration date of permit:
Signed:
Date:
Canton Fire Chief