ORDINANCE 2019-02: Regulating Fireworks Within The Village of Glasford
ORDINANCE NO. 2019-02
WHEREAS, pursuant to Section 11-8-4 of the Illinois Municipal Code, the Village may regulate and prevent the use of fireworks;
WHEREAS, pursuant to Section 1-2-4 of the Illinois Municipal Code, an ordinance containing a statement of its urgency in the preamble or body thereof may take effect immediately upon its passage provided that the corporate authorities by a vote of 2/3 of all the members then holding office so direct;
WHEREAS, the corporate authorities of the Village of Glasford hereby find, due among other things to a recent upsurge in the sale and use of fireworks within the corporate limits of the Village of Glasford, that passage of this Ordinance is urgent;
WHEREAS, it is in the best interest of the public health and safety of the citizens of the Village of Glasford that an Ordinance prohibiting the discharge of certain consumer fireworks;
NOW THEREFORE, BE IT ORDAINED, by the Mayor and Village Board of Trustees of the Village of Glasford, Peoria County, Illinois:
SECTION 1: Definitions. As used herein, the term "fireworks" shall mean and include any explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect of a temporary exhibitional nature by explosion, combustion, deflagration or detonation, and shall include black cartridges, toy cannons, in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, bombs or other fireworks of like construction and any fireworks containing any explosive compound; or any tablets or other device containing any explosive substances producing visual effects. "Fireworks" shall not include Approved Consumer Fireworks as provided herein, 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 twenty-five hundredths grains or less of explosive compound are used, providing 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 which contain less than twenty hundredths grains of explosive mixture the sale and use of which shall be permitted at all times.
SECTION 2. Approved Consumer Fireworks are as follows: Cones including Showers of Sparks, Fountains and Repeaters (also known as Cakes), Mines, Comets, Tubes, Shells, Fancy Florals and Parachutes.
SECTION 3. The offering for sale, exposing for sale and selling at retail of fireworks or giving or providing fireworks to persons under the age of 18 within corporate limits of the
Village of Glasford, Illinois, is prohibited.
SECTION 4. The possession, use and explosion of fireworks within the corporate limits of the Village of Glasford are prohibited.
SECTION 5. Any person convicted of a violation of Section 3 of this Ordinance shall be subject to a fine of $225.00. A separate offense shall be deemed to be committed for each such violation which occurs or continues.
SECTION 6. Any person convicted of any provision of this Ordinance by possessing, using, discharging, firing or exploding any fireworks within corporate limits shall upon conviction be fined not less than $50.00 nor more than $225.00. A separate offense shall be deemed to be committed for each such violation which occurs or continues.
The provisions of this chapter shall not apply to: (A) The use of fireworks by railroads, public utilities, public and private carriers or other transportation agencies for signal purposes or illumination; or (B) The sale or use of blank cartridges for show or theater, or for signal or ceremonial purposes in athletic or sports events, or for animal training; or (C) Use by the armed forces of the United States or the State of Illinois.
SECTION 8. This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law.
Passed by the Board of Trustees of the Village of Glasford and approved by the President thereof, this 18TH day of APRIL, 2019.
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