HomeMy WebLinkAboutOrd 2438 06/19/1973
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ORDINANCE NO. 2438
AN ORDINANCE REGULATING THE USE
OF FIREWORKS AND OTHER EXPLOSTVES
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That Article I of Chapter 24 of the Municipal Code of Mount Prospect
of 1957, as amended, be and the same is hereby further amended in its entirety by
subshtuting for the aforesaid Article I an entirely new Article I regulating fireworks
and other explosives, which regulations include standards to be followed by the Fire
Chief and his Department in issuing permits for pyrotechnical displays; so that here-
after the said Article I shall be and read as follows:
ARTICLE I. Fireworks; Explosives
Section 24.101 Definitions
A. The term lifireworksf! shall mean and include any combustible or explosive
composition, or any substance or combination of substances, or article pre-
pared for the purpose of producing a visible or an audible €:ffect by combus-
tion, explosion, deflagration or detonation. and shall include toy guns
in which explosives arc used, the type of unmanned balloons which require
fire underneath to propel the same, firecrackers. torpedoes, skyrockets,
Roman candles, Daygo bombs, sparklers, or other fireworks of like construction
and any fireworks containing any explosive or flammable compound. or any
tablets or other device containing any explosive substance, except that the
term !!fireworks" shall not incJude model rockets an.d model roc1;;:et engine~:;,
designed. sold and used for the pln'pOS(~ of propelling recoverable aer'o modele
and shall not include toy pistols, toy canes, toy guns or other devices in
which paper caps manufactured in accordance with the United States Department
of Transportation regulations for packing and shipping of toy paper caps
are used; and toy paper caps manufactured as provided aforesaid. the sale
and use of which toys and caps shall be permitted at all times.
B.
The term II Chi ef'l or "Fire Chiefll shall mean the Chief of the Mount Prospect
Fire Department or his duly authorized representative.
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C. The term IIFire Department" shall mean the Mount Prospect Fire Department.
D. The term "permitee" shall mean and include any person, firm. or corporation
and/or agent or employee of such person, firm, or corporation who has been
issued a permit for supervised displays of fireworks in the Village of Mount
Prospect under the terms of this Article.
Section 24.102 Discharge of Fireworks - Permits
A. Except as hereinafter provided, no person, firm, copartnership, or corporation
shall offer for sale. expose for sale, sell at retail, keep with intent to sell at re-
tail, use, or explode any fireworks, provided that the Fire Chief may issue per-
mits for supervised displays of fireworks in the Village of Mount Prospect by
fair associations, shopping centers, and other organizations or groups of
individuals.
1. Such permits may be granted upon application to said Fire Chief after
his approval based upon regulations contained herein, and the filing
of a bond by the applicant as provided hereinafter.
2. Every such display shall be handled by a competent operator, and shall
be of such composition, character, and so located. discharged or fired
as in the opinion of the Fire Chief shall not constitute a hazard to pro-
perty or endanger any person or persons.
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3. The applicant shall post with the Treasurer of the Village of Mount
Prospect a cash bond in the sum of One Thousand Dollars ($1,000.00),
conditioned on compliance with the provisions of the regulations
adopted hereunder.
4. Before any permit for a pyrotechnic display shall be issued, the per-
son, firm, or corporation making application therefor shall furnish a
Certificate of Insurance, which will include coverage the Village of
Mount Prospect and the Fire Chief and his agents, in :m amount of
One Hundred Thousand Dollars ($100,000.00) for anyone person,
and One Million Dollars ($1,000,000.00) for anyone accident and
Twenty--Five Thousand Dollars ($25,000,00) for property damage
which Certificate shaH be fUed with the Treasurer of the Village of
Nfount Prospect.
B. Pursuant to such permit having been granted, possession. use. and distribu-
tion of firCv'iGIks for such display shaH be lawfu.l for that purpose only; and
no permit g"ioflnted hereunder shall be transferable,
C. The Fire Chief shaH seize, take, remove. or cause to be removed at the
expense of the owner all stocks of firevvorks or combl1.stihles offered or
;8xposed for sale, str)red, or held in violation of this Article,
Section 24..103 - Application - Form
A. Application for permit to operate a display of fireworks in conformance with the
terms of this Article shall be made in (writing on forms provided by the Chief
of the Mount Prospect Fire Department.
B. Such application shall set forth:
1. The name of the organization sponsoring the display, together
with the names of persons actually in charge of the firing of
the display.
2. Evidence of financial responsibility.
3. The date and time of day at which the display is to be held,
4. The exact location planned for the display.
5. A description setting forth the age, experience, and physical
characteristics of the persons who are to do the actual dis-
charging of the fireworks.
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6. The number and kinds of fireworks to be discharged.
7 . The manner and place of storage of such fireworks prior to
the display.
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8. A diagram of the grounds on which the display is to be held showing
the point at which the fireworks are to be discharged, the location of
all buildings, highways and other lines of communication, the lines
behind which the audience will be restrained, and the location of all
nearby trees, telegraph or telephone lines or other overhead obstructions.
Section 24.104 Conduct o~ Display
A. No permit shall be granted for any display of fireworks where the discharge,
failure to fire, faulty firing, or fallout of any fireworks or other objects 'viouId
endanger persons, buildings, structures. forests. or brush. nor in any case
where the point at which th(~ fireworks are to be fired is less than 200 feet
from the nearest permanent building, public highway, railroad, or other means
of travel or 50 feet from the nearest abovegrou:n,d telephone or telegra,ph Une.
tree, or other overhead obstruction.
1, All physical arrangements for firing and storage must be approved
by the Fire Chief.
2. In no case shall a display be fired within 500 feet of a school, church ~
hospital, or similar institution.
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Spectators at a display of fireworks shall be restrained behind lines or barriers
as designated by the Fire Department, but in no case less than 200 feet from the
point at which the fireworks are to be discharged. Only authorized persons and
those in actual charge of the display shall be allowed inside these lines or barriers
during the unloading, preparation, or firing of fireworks.
C. All fireworks that fire a projectile shall be so set up that the projectile will go into
the air as nearly as possible in a vertical direction, provided that they may be
directed in such a manner that the falling residue from the def1agration will fall
into a lake or other large body of water where such fireworks are to be fired
beside the said body of water. Furthermore, no firing tube or tubes shall be
utilized in rapid succession or in any other manner so as to cause overheating
or instability of such tube or tubes.
D. No fireworks display shall be held during any windstorm in which the wind
reaches a velocity of more than 20 miles per hour.
E. All fireworks articles and items at places of display shall be stored in a manner
and in a place secure from fire, accidental discharge, and theft and in a manner
approved by the Fire Chief,
F . Fire protection and extinguishing equipment shall be provided as required by
the Fire Chief.
G. The person to whom a permit has been issued shall arrange for the detailing of
a fire guard consisting of one member of the Fire Department or such larger
number of members as may be deemed necessary by the Fire Chief.
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1. The Fire Chief may require such fire guard to be at the site
as soon as the fireworks are delivered to the site and such
fire guard may be required to remain at such site by the
said Fire Chief until after the conclusion of the display and
removal of all remaining fireworks and/or debris from the
said site.
2. The expense for such fire guard shall be paid by the permittee.
H. There shaH be at all times no fewer than two operators of the display
constantly on duty dur5.ng the discharge.
J. Any fireworks that remain unfired after the display is concluded shall be imme-
diately disposed of or removed in a ffinnner which is safe for the particular
type of fire,vor-ks.
1. The debris from the cUscharged fireworks shall be properly disposed
of by the operator before he leaves the premises"
2.. The operator, upon the conclusion of the display, shall make a complete
and thorough search for any unfired fireworks or pieces which have
failed to fire or function and shall dispose of them in a safe manner.
3. Such search shall be instituted at the earliest possible time following the
conclusion of the display, but in no event later than the first two hours
of daylight which follow.
K. Upon failure of a permitee to comply with any regulation contained in this
Section 24.104, the Fire Chief and/or the fire guard at the scene are hereby
authorized to seize, take, remove, or cause to be removed all or any stock
of fireworks or combustibles and/or to terminate any display upon observing
such violation.
Section 24.105 Qualifications of Operators The person in actual charge of firing
of the fireworks in a display, as well as his assistant, shall be able-bodied, at
least 21 years of age, capable of reading, writing. speaking, understanding the
English language, and otherwise competent for the task
Section 24.106 Nitroglycerine -- T.N. T. It shall be unlawful to keep or store any
nitroglycerine or the explosive commonly known as T. N . T. in the Village of Mount
Prospect in any quantities. excepting for medicinal or laboratory purposes and for
such purpose no more than one-quarter Or) of a pound shall be stored in anyone
building or premises.
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Section 24.107 Penalty Any person, firm, copartn~rship, or corporation violating the
provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine not less than $100.00, nor more than $500.00, and each day'
such violation continues or occurs shall be deemed a separate violation.
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SECTION TWO: That this Ordinance shall be in full force and effect from and after
its passage and approval in the manner provided by law.
AYES: 6
NA YS: 0
PASSED and APPROVED this 19th day of
June
, 1973.
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, illage President
ATTE:lST: .
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Village Clerk