§ 10-155. Public exhibitions.

(a)

Permit required. No public exhibition of fireworks shall be given unless a consumer fireworks display permit or pyrotechnic display permit therefore is first secured as provided in this section. No consumer fireworks display permit or pyrotechnic display permit shall be required for public exhibitions by county fair associations.

(b)

Application for consumer fireworks display permit required. Any person desiring to conduct a public exhibition of consumer fireworks within the corporate boundaries of the city shall first apply for a consumer fireworks display permit with the chief by filing the consumer fireworks display permit application, a true and accurate copy of which is attached hereto as Ord. No. 29-2006, Exhibit A and hereby incorporated by reference as though fully stated.

(c)

Application for pyrotechnic display permit required. Any person desiring to conduct a public exhibition of a pyrotechnic display within the corporate boundaries of the city shall first apply for a pyrotechnic display permit with the chief by filing the pyrotechnic display permit application, a true and accurate copy of which is attached hereto as Ord. No. 29-2006, Exhibit B and hereby incorporated by reference as though fully stated.

(d)

State fire marshall permit, insurance and bond required. Any person desiring to conduct a public exhibition within the corporate boundaries of the city shall be required to: 1) provide a one thousand dollars ($1,000.00) public liability bond or cash bond with the city in connection with the consumer fireworks display permit application or pyrotechnic display application; 2) provide proof of public liability insurance in the amount of not less than one million dollars ($1,000,000.00), naming the City of Effingham as an additional insured on a primary, noncontributory basis; and 3) be properly licensed and/or trained by the Illinois State Fire Marshall as required pursuant to the Fireworks Use Act, 425 ILCS 35/0.01, et seq.

(e)

Investigation and approval of application. The consumer fireworks display permit application and/or pyrotechnic display permit application shall be filed with the chief not less than thirty (30) days before the date of the proposed public exhibition unless agreed to otherwise by the city and the chief. The chief shall make, or cause to be made, an investigation of the site of the proposed public exhibition for the purpose of determining whether the provisions of this article are complied with. He shall confer with the police chief for the purpose of determining the competence of the actual operators of the public exhibition as set forth in the consumer fireworks display permit application or pyrotechnic display permit application. The chief shall issue a consumer fireworks display permit and/or pyrotechnic display permit if the applicant(s) and the public exhibition comply with this article and applicable Illinois and federal law.

(f)

Possession of permit. The permittee shall have in their possession at all times while participating in a public exhibition, a copy of the consumer fireworks display permit and/or pyrotechnic display permit issued to them by the city and shall show it to any person who requests to see it.

(g)

Nontransferability. Consumer fireworks display permits and/or pyrotechnic display permits shall not be transferable, or assignable. The transfer or assignment of a consumer fireworks display permit or a pyrotechnic display permit to any person, corporation, firm, association, or partnership shall terminate the consumer fireworks display permit and/or pyrotechnic display permit.

(h)

Permit fee. Upon filing an application for a consumer fireworks display permit or pyrotechnic display permit, the permitee shall pay to the chief a nonrefundable fireworks display permit fee in the amount of one hundred fifty dollars ($150.00).

(i)

Denial of permit. The chief shall have the authority to deny any application for a consumer fireworks display permit or pyrotechnic display permit if the applicant or the public exhibition site fails to comply with this article or applicable Illinois law.

(j)

Location. A public exhibition shall be permitted only when the actual point at which the consumer fireworks, display fireworks, and/or flame effects are to be fired is at least two hundred (200) feet from the nearest permanent building, public highway or railroad or other means of travel, and one hundred (100) feet from the nearest above ground telephone line, electric line, tree or other overhead obstruction.

(k)

Proximity of audiences. The audience at any public exhibition shall be restrained behind lines of a perimeter at least one hundred fifty (150) feet from the point at which the consumer fireworks, display fireworks, and/or flame effects are discharged and only persons identified in the application shall be allowed inside said perimeter.

(l)

Falling residue. All consumer fireworks, display fireworks, and/or flame effects that fire a projectile shall be so set up so that the projectile will go into the air as nearly as possible in a vertical direction, provided that where such consumer fireworks, display fireworks, and/or flame effects are to be fired beside a lake or other large body of water they may be directed in such a manner that the falling residue from the detonation will fall into such body of water.

(m)

Disposal of undetonated fireworks. Any consumer fireworks, display fireworks, and/or flame effects that remain undetonated after the public exhibition is concluded shall be immediately disposed of outside of the corporate boundaries of the city in accordance with applicable law in a safe manner.

(n)

Wind. No public exhibition shall be held during any windstorm in which the wind reaches a velocity of more than thirty (30) miles per hour. In such cases, the chief may authorize the public exhibition at a future date suitable to the group holding the public exhibition.

(o)

Qualifications of operators of pyrotechnic displays. The persons in actual charge of a public exhibition of a pyrotechnic display shall be able-bodied and at least twenty-one (21) years of age and competent for the task. Not less than two (2) licensed lead pyrotechnic operators shall conduct and supervise each public exhibition of a pyrotechnic display and they shall be constantly on duty during the public exhibition. All operators shall be prohibited from drinking alcoholic beverages or being under the influence of any controlled substance at least five (5) hours immediately prior to and during the public exhibition. The fire chief may waive the requirement of not less than two (2) licensed lead pyrotechnic operators to one licensed lead pyrotechnic operator based on the specific display (i.e. private weddings, local school events) when in his opinion the specific display does not warrant two (2) licensed lead pyrotechnic operators to be on site. In such cases, the decision of the fire chief shall be final.

(p)

Assistants to operators of pyrotechnic displays. There shall be at all times not less than two (2) persons assisting the licensed lead pyrotechnic operators on duty during a public exhibition of a pyrotechnic display. All persons assisting at a public exhibition of a pyrotechnic display shall be prohibited from drinking alcoholic beverages or being under the influence of any controlled substances at least five (5) hours immediately prior to and during the public exhibition. The fire chief may waive the requirement of not less than two (2) persons assisting the licensed lead pyrotechnic operator(s) on duty during a public exhibition of a pyrotechnic display to one person assisting the licensed lead pyrotechnic operator based on the specific display (i.e. private weddings, local school events) when in his opinion the specific display does not warrant two (2) persons assisting the lead pyrotechnic operator(s) to be on site In such cases, the decision of the fire chief shall be final. Any person involved in and assisting in any function related to the actual set up of a pyrotechnic display shall meet all of the following minimum requirements:

(1)

Must be at least twenty-one (21) years of age; and

(2)

Must be registered to assist a licensed lead pyrotechnics operator with the Office of the Illinois State Fire Marshal; and

(3)

Has not been declared incompetent by any competent court by reasons of mental or physical defect or disease unless a court has since declared the person competent; and

(4)

Has not willfully violated any provision of the Pyrotechnic Distributor and Operator Licensing Act, 227 ILCS 21/1 et seq.; and

(5)

Does not have an addiction to or dependency on alcohol or drugs that is likely to endanger the public at a pyrotechnic display; and

(6)

Has not been convicted in any jurisdiction of any felony within the five (5) years prior to the public exhibition of a pyrotechnic display; and

(7)

Must not be a fugitive from justice.

(q)

Qualifications of operators and assistants of consumer fireworks displays. The persons in actual charge of a public exhibition of a consumer fireworks display shall be able-bodied and at least twenty-one (21) years of age and competent for the task. Each public exhibition of a consumer fireworks display shall be conducted and supervised by a consumer operator and they shall be constantly on duty during the public exhibition. There shall be at all times not less than one person assisting the consumer operator during a public exhibition of a consumer fireworks display. All consumer operators and any person involved and/or assisting in any function related to actual set up and firing of a consumer fireworks display shall be prohibited from drinking alcoholic beverages or being under the influence of any controlled substance at least five (5) hours immediately prior to and during the public exhibition. Additionally, consumer operators and any person involved in and assisting in any function related to the actual set up of a consumer fireworks display shall meet all of the following minimum requirements:

(1)

Must be at least twenty-one (21) years of age; and

(2)

Has not been declared incompetent by any competent court by reasons of mental or physical defect or disease unless a court has since declared the person competent; and

(3)

Does not have an addiction to or dependency on alcohol or drugs that is likely to endanger the public at a consumer fireworks display; and

(4)

Has not been convicted in any jurisdiction of any felony within the five (5) years prior to the public exhibition of a consumer fireworks display; and

(5)

Must not be a fugitive from justice.

(r)

Fire extinguishers. At least two (2) fire extinguishers approved by the chief shall be kept by the permittee at such locations designated by the chief.

(s)

Transportation. All consumer fireworks, display fireworks, and/or flame effects shall be transported and stored in a metal fire resistant container with an automatic self-closing cover, as approved by the chief and also complying with this article and applicable illinois and federal law.

(t)

Launching tubes. All launching tubes shall be set in the ground and/or securely fastened to the ground, as approved by the chief.

(Ord. No. 29-2006, § V, 5-17-2006; Ord. No. 46-2011, 8-2-2011)