Ordinance 2005-001 i
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
ORDINANCE NO.
I
AN ORDINANCE AMENDING TITLE 8 OF THE
UNITED CITY OF YORKVILLE CITY CODE TO PROHIBIT THE SALE OF
FIREWORKS WITHIN THE UNITED CITY OF YORKVILLE
i
BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS:
WHEREAS, the Mayor and City council of the United City of Yorkville, upon the
recommendation and request of various members of the community, have considered the health
and safety effects of the sale of any type of fireworks within the corporate limits of the UNITED
CITY OF YORKVILLE: and
WHEREAS, the Mayor and City Council have found that the sale of any type of
fireworks creates a substantial safety hazard for the risk of injury to the persons living in the City,
and real and personal property located within the City, as well as a degradation of air quality, and
generally promotes an unhealthy discharge of smoke throughout the City; and
WHEREAS, sale of fireworks of any type has a direct damaging impact on the safety and
health of the people of the UNITED CITY OF YORKVILLE;
NOW THEREFORE, the Mayor and the City Council of the UNITED CITY OF
YORKVILLE, upon motion duly made, seconded and approved, hereby amend Title 8 of the
United City of Yorkville City Code to prohibit the Sale of Fireworks, as defined below, within
the City boundaries:
1. It shall be unlawful for any person as defined in Chapter 3, Section 1 -3 -2 of the
United City of Yorkville Code, including but not limited to any individual,
business, corporation or manufacture to distribute or offer for sale any
composition or device for the purpose of producing a visible or an audible effect
for entertainment purposes by combustion, deflagration, or detonation that meets
the definition of 1 AG firework or 1.3G firework as set forth herein and defined by
the International Fire Code Section 3302.
a. A 1 AG firework is defined as a small firework device containing restrictive
amounts of pyrotechnic composition designed primarily to produce visible or
audible effects by combustion. I AG fireworks which comply with the
construction, chemical composition, and labeling regulations of the DOTn for
Fireworks, UNO336, and the U.S. Consumer Product Safety Commission as
set forth in CPSC 16 CFR: Parts 1500 and 1507, and not explosive materials
for the purposes of this code.
b. A 1.3 firework is defined as a large firework devise, which are explosive
materials, intended for use in fireworks displays and designed to produce
audible or visible effects by combustion, deflagration, or detonation. Such
1.3G fireworks include, but are not limited to, firecrackers containing more
than 130 milligrams (2 grains) of explosive composition, aerial shells
containing more than 40 grams of pyrotechnic composition, and other display
pieces which exceed the limits for classification as 1 AG firework.
2. Penalty: If a violation of any of the provisions of this subsection occurs, the City
shall issue.a citation to the offender and the charging officer shall immediately confiscate
the fireworks for evidentiary purposes. The City must then file a complaint against the
offender requesting the imposition of a fine against the violator in the amount of one
hundred dollars ($100.00). If any person is found in violation of the subsequent for a
second or subsequent time the City may seek to have the Court fine the violator five
hundred dollars ($500.00) and the City shall again be entitled to confiscate the fireworks
for evidentiary purposes and file a complaint against the offender.
REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions
of this ordinance shall be and the same are hereby repealed.
SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions hereof.
EFFECTIVE DATE: This ordinance shall be in effect from and after its passage, approval
and publication in pamphlet form as provided by law.
IN WITNESS WHEREOF, this Ordinance has been enacted this < (��j day of
t, t. &hU ( , 200,
PAUL JAMES. MARTY MUNNS L
RICHARD STICKA W WANDA OHARE
VALERIE BURD 4— ROSE SPEARS
LARRY KOT JOSEPH BESCO
2
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this < <
day of /� A.D. 20
MAYOR O
I
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
thi day of : c CC - , A.D. 200A
Attest:
CIrLERK
R r'at'e
e
SEA
.ALLCI�••
This Document Prepared by:
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630 -553 -9500
3