CHAPTER 92:
Fire Prevention
Section
General Provisions
92.01 Fire code adopted by reference
Burning
92.15 Regulations for burning of garbage, refuse and other materials
92.17 Strict liability offense; settlements
Fireworks
92.31 Possession, sale and use of fireworks
92.34 Consumer distributors and retailers
92.35 Violations; searches and seizures
Cross-reference:
Burning of leaves and rubbish on streets and sidewalks, see § 94.08
GENERAL PROVISIONS
92.01 FIRE CODE ADOPTED BY REFERENCE.
The city of hereby adopts by reference the rules and regulations of the Fire Safety Code of the state, as now written and as hereinafter amended by the office of the State Fire Marshall. Responsibilities for the enforcement of these rules and regulations are hereby delegated to the Lewistown Fire Protection District. Responsibilities for the prosecution of all violation of these rules and regulations shall be retained by the city.
(’81 Code, § 24.01) Penalty, see § 92.99
92.02 FALSE ALARM.
No person shall knowingly turn in a fire alarm unless there is a fire or immediate danger of a fire that may injure or destroy property, and in no case shall anyone wilfully turn in a false fire alarm in the city.
(’81 Code, § 22.07) Penalty, see § 92.99
BURNING
92.15 REGULATIONS FOR BURNING OF GARBAGE, REFUSE AND OTHER MATERIALS.
No person shall burn or attempt to burn any garbage, refuse, or material of any kind anywhere, indoors or outdoors, within the city limits, except:
(A) This section shall not prohibit the use of constantly attended outdoor fires for cooking or recreational purposes if participants are present.
(B) This section shall not prohibit burning by a commercial operator, provided:
(1) The business is in an area properly zoned for business and the burning does not otherwise create a fire hazard or nuisance, and
(2) Burning is done in an incinerator complying with all applicable laws and ordinances.
(C) This section shall not be deemed to prohibit the burning of wood, logs, or commercial fireplace logs in the following:
(1) Stoves used for cooking,
(2) Fireplaces for decorative fire, or
(3) Fireplaces or stoves designed for heating.
(D) This section shall not prohibit the burning of leaves, branches two inches in diameter or less, or other organic yard waste burned outdoors, provided that all such burning:
(1) Must be done on the ground and not within a barrel or other container, and
(2) Must be attended and maintained by a competent adult at all times, and
(3) Must take place between the hours of 8:00 a.m. and 5:00 p.m., and
(4) Must take place within ten feet of a connected garden hose or other fire-extinguishing equipment, and
(5) Must not take place within 20 feet of any structure, and
(6) Must not be done in any manner which creates a fire hazard or nuisance, and
(7) May be prohibited to such extent that is reasonable under the circumstances by issuance of a notice by the Mayor. Such notice shall be for a specific duration not to exceed one month and shall be disseminated to the public by radio and newsprint.
(E) This section shall not prohibit the burning of paper on private property, provided that:
(1) No other materials are intermixed with such paper, but paper may be mixed with materials governed by division (D) of this section, subject to the conditions of that provision, and
(2) All burning of paper may be prohibited by issuance of notice in accordance with division (D)(7) of this section.
(F) This section shall not prohibit the setting and using of fires for training purposes by the Lewistown Fire Protection District or any other similar entity, including, but not limited to, an industrial fire brigade, provided that such fires are carefully monitored by official personnel.
(Ord. 95-7, passed - -95) Penalty, see § 92.99
92.16 BURNING PROHIBITED.
Independent of the exceptions denoted in § 92.15 of this chapter, no person shall burn or attempt to burn garbage, refuse, or materials of any kind, including paper and organic yard waste, as follows:
(A) On public property, including streets and alleys, or
(B) Within five feet of any street or alley, or
(C) In any location which allows the smoke emitted from such burning to inhibit the flow of smooth and safe vehicular or pedestrian traffic.
(Ord. 95-7, passed - -95) Penalty, see § 92.99
92.17 STRICT LIABILITY OFFENSE; SETTLEMENTS.
(A) Violation of this subchapter is a strict-liability offense and no defenses relating to mental state shall apply.
(B) To avoid prosecution for an offense under § 92.15 of this chapter, a violator may, within ten days of receiving a citation, settle the citation by payment of one-half of the specified fine at the City Building. The Chief of Police is hereby authorized and directed to cease prosecution of any citation so settled.
(C) After ten days but prior to the court date stated in the citation, a violator may settle the citation by payment of the full amount of the specified fine at the City Building. The Chief of Police is hereby authorized and directed to cease prosecution of any citation so settled.
(Ord. 95-7, passed - -95)
FIREWORKS
92.30 DEFINITION.
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
1.3G FIREWORKS. Those fireworks used for professional outdoor displays and classified as fireworks UN0333, UN0334, or UN0335 by the United States Department of Transportation under 49 C.F.R. 172.101.
CONSUMER DISTRIBUTOR. Any person who distributed, offers for sale, sells, or exchanges for consideration consumer fireworks in Illinois to another distributor or directly to any retailer or person for resale.
CONSUMER FIREWORKS. Those fireworks that must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Products Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and classified as fireworks UN0336 or UN0337 by the United States Department of Transportation under 49 C.F.R. 172.101. CONSUMER FIREWORKS shall not include 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, provided they are so constructed that the hand cannot come in contact with the cap which in place for the explosion; and toy pistol paper or plastic caps that contain less than twenty hundredths grains of explosive mixture; the sale and use of which shall be permitted at all times.
CONSUMER FIREWORKS DISPLAY or CONSUMER DISPLAY. The detonation, ignition, or deflagration of consumer fireworks to produce a visual or audible effect.
CONSUMER OPERATOR. An adult individual who is responsible for the safety, setup, and discharge of the consumer fireworks display and who has completed the training required in ILCS 425, Act 35, § 2.
CONSUMER RETAILER. Any person who offers for sale, sells, or exchanges for consideration consumer fireworks in Illinois directly to any person with a consumer display permit.
DISPLAY FIREWORKS. 1.3G or special effects fireworks or as further defined in the Pyrotechnic Operator Licensing Act (ILCS Ch. 225, Act 227, §§ 1 et seq.).
FLAME EFFECT. The detonation, ignition, or deflagration of flammable gases, 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 Nation Fire Protection Association 160 guidelines, and as may be further defined in the Pyrotechnic Operator Licensing Act (ILCS Ch. 225, Act 227, §§ 1 et seq.).
LEAD PYROTECHNIC OPERATOR. 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 (ILCS Ch. 225, Act 227, §§ 1 et seq.).
PERSON. An individual, firm, corporation, association, partnership, company, consortium, joint venture, or commercial entity.
PYROTECHNIC DISPLAY. The detonation, ignition, or deflagration of display fireworks or flame effects to produce visual 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 (ILCS Ch. 225, Act 227, §§ 1 et seq.).
SPECIAL EFFECTS FIREWORKS. Pyrotechnic devices used for special effects by professionals in the performing arts in conjunction with theatrical, musical, or other productions that are similar to consumer fireworks in chemical compositions and construction, but are not intended for consumer use and are not labeled as such or identified as “intended for indoor use.” SPECIAL EFFECTS FIREWORKS are classified as fireworks UN0431 or UN0432 by the United States Department of Transportation under 49 C.F.R. 172.101.
92.31 POSSESSION, SALE AND USE OF FIREWORKS.
(A) Possession, sale, and use of fireworks. Except as hereinafter provided it shall be unlawful for any person, firm, co-partnership, or corporation to knowingly possess, offer for sale, expose for sale, sell at retail, or use or explode any display fireworks, flame effects, or consumer fireworks; provided that the Mayor and City Council shall have power to adopt reasonable rules and regulations for the granting of permits for pyrotechnic and consumer displays.
(B) The Mayor shall consult with local fire protection authorities before issuing such permit.
(ILCS Ch. 425, Act 35, § 2) Penalty, see § 93.99
Statutory reference:
Power of city to regulate fireworks, see ILCS Ch. 65, Act 5, § 11-8-4
92.32 PYROTECHNIC DISPLAYS.
(A) Each pyrotechnic display shall be conducted by a licensed lead pyrotechnic operator. Applications for a pyrotechnic display permit shall be made in writing at least 15 days in advance of the date of the pyrotechnic display, unless agreed to otherwise by the local jurisdiction issuing the permit and the Fire Chief of the jurisdiction in which the display will occur. After a permit has been granted, sales, possession, use, and distribution of display fireworks for the display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
(B) Pyrotechnic display permits may be granted hereunder to any adult individual applying therefor. No permit shall be required under the provisions of this subchapter for supervised public displays by state or county fair associations.
(C) The applicant seeking the pyrotechnic display permit must provide proof of liability insurance in a sum not less than $1,000,000 to the local governmental entity issuing the permit.
(D) A permit shall be issued only after the chief of the fire department providing fire protection coverage to the area of display, or his or her designee, has inspected the site and determined that the display can be performed in full compliance with the rules adopted by the State Fire Marshal and that the display shall not be hazardous to property or endanger any person or persons. Nothing in this section shall prohibit the issuer of a permit from adopting more stringent rules.
(E) All indoor pyrotechnic displays shall be conducted in buildings protected by automatic sprinkler systems and meeting the requirements of rules adopted by the State Fire Marshal pursuant to this subchapter.
(F) Permits shall be signed by the Chief of the Fire Department providing fire protection to the area of display, or his or her designee, and must identify the lead pyrotechnic operator.
92.33 CONSUMER DISPLAYS.
(A) Each consumer display shall be handled by a competent individual who has received training from a consumer fireworks training class approved by the Office of the State Fire Marshal. Applications for consumer display permits shall be made in writing at least 15 days in advance of the date of the display, unless agreed to otherwise by the local jurisdiction issuing the permit and the Fire Chief of the jurisdiction in which the display will occur. After a permit has been granted, sales, possession, use, and distribution of consumer fireworks for display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
(B) Permits may be granted hereunder to any adult individual applying for a permit who provides proof that he or she has received the requisite training. The local jurisdiction issuing the permit is authorized to conduct a criminal background check of the applicant as a condition of issuing a permit.
(C) A permit shall be issued only after inspection of the display site by the Fire Chief providing fire protection coverage to the area of display, or his or her designee, to determine that the display is in full compliance with the rules adopted by the State Fire Marshal. Nothing in this section shall prohibit the issuer of a permit from adopting more stringent rules.
92.34 CONSUMER DISTRIBUTORS AND RETAILERS.
No person may act as a consumer distributor or retailer or advertise or use any title implying that the person is a consumer distributor or retailer unless registered with the Office of the State Fire Marshal. No consumer fireworks may be distributed, sold, transferred, or provided free of charge to an individual who has not been issued a permit in accordance with ILCS Ch. 425, Act 35, § 2.2 or has not registered with the Office of the State Fire Marshal in accordance with this section. No person may sell to a single individual a quantity of consumer fireworks exceeding 499 pounds without prior approval by the Office of the State Fire Marshal. The State Fire Marshal, in the name of the People, through the Attorney General, the state’s Attorney of any county, any resident of the state, or any legal entity within the state may apply for injunctive relief in any court to enjoin any person who has not registered from distributing or selling consumer fireworks. Upon filing a verified petition in court, the court, if satisfied by affidavit, or otherwise, that the person is or has been distributing in violation of this subchapter, may enter a temporary restraining order or preliminary injunction, without bond, enjoining the defendant from further activity. A copy of the verified complaint shall be served upon the defendant and the proceedings are to be conducted as in other civil cases. The court may enter a judgment permanently enjoining a defendant from further unregistered activity if it is established that the defendant has been or is distributing in violation of this subchapter. In case of violation of any injunctive order or judgment entered under this section, the court may summarily try and punish the offender for contempt of court. Injunctive proceedings are in addition to all penalties and other remedies in this subchapter.
92.35 VIOLATIONS; SEARCHES AND SEIZURES.
Whenever the Mayor or any member of the City Council has reason to believe that any violation of this subchapter has occurred within the city and that the person so violating this subchapter has in his possession fireworks or combustibles, the Mayor or the member of the Council may file a complaint in writing, verified by affidavit, with any circuit court within whose jurisdiction the premises to be searched are situated, stating the facts upon which such belief is founded, the premises to be searched, and the property to be seized, and procure a search warrant and execute the same. Upon the execution of such search warrant, the person executing the same shall make due return thereof to the court issuing the same, together with an inventory of the property taken thereunder. The court shall thereupon issue process against the owner of such property if he be known, otherwise against the party in whose possession the property so taken was found, if known. In case of inability to serve such process upon the owner or the person in possession of the property at the time of its seizure, as hereinbefore provided, notice of the proceedings before the court shall be given as required by the statutes of the state governing cases of attachment. Upon the return of the process duly served or upon the posting or publishing of notice made, as hereinabove provided, the court or jury, if a jury shall be demanded, shall proceed to determine whether or not such property so seized was held or possessed in violation of this subchapter. In case of a finding that the fireworks or combustibles seized were possessed in violation of this subchapter, judgment shall be entered confiscating and forfeiting the property and ordering its destruction.
92.36 EXEMPTION.
Nothing in this subchapter shall be construed as applying to the transportation of any article or thing shipped in conformity with the regulations prescribed by the Interstate Commerce Commission, nor as applying to the military or naval forces of the United States, nor to the duly authorized militia of the state, nor to the use of signals necessary for the safe operation of railroads, steamboats, trucks, or aircraft.
92.99 PENALTY.
(A) Whoever violates any provision in this chapter for which another penalty is not specifically provided, shall be fined in accordance with § 10.99, and every day the violation continues shall constitute a separate offense.
(B) Violation of any of the rules and regulations set forth in § 92.01 shall result in a fine of not less than $25 nor more than $750. Each day of violation shall constitute a separate offense. (’81 Code, § 24.02)
(C) Any person violating any provision of § 92.03 shall be fined not less than $25 nor more than $750. (’81 Code, § 22.01(d))
(D) Penalty for violation of §§ 92.15 and 92.16.
(1) Whoever violates any provision of §§ 92.15 and 92.16 shall be deemed guilty of a misdemeanor and fined not more than $750 for each offense. Each day’s violation constitutes a separate offense.
(2) Violation of §§ 92.15 and 92.16 shall be punishable by a fine as follows:
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(a) |
First offense $30 |
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(b) |
Second offense $50 |
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(c) |
Third offense $100 |
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(d) |
Fourth and |
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Subsequent |
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Offenses $100 plus $50 |
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per prior offense |
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up to $500 |
(3) In determining the number of prior offenses, only violations of this chapter within the three years preceding the pending offense shall be considered.
(4) Violations settled under § 92.17(B) and (C) are considered prior offenses.
(Ord. 95-7, passed - -95)