Ordinance 2009-19 Ordinance No. 2009- - 1
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
PROVIDING FOR THE REGULATION OF FIREWORKS
WHEREAS, the United City of Yorkville (the "City ") is a duly organized and validly existing
non - home -rule municipality created in accordance with Article VII, Section 7 of the Constitution of the
State of Illinois of 1970; and,
WHEREAS, the Mayor and City Council deem it necessary to provide for the regulation of
fireworks in order to promote the health, safety, and welfare of the City's residents.
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1. Title 5, Chapter 3 of the United City of Yorkville Code of Ordinances is hereby
amended by adding the following new Section 11:
5 -3 -11: FIREWORKS:
A. DEFINTIONS:
1.3G fireworks: Those fireworks used for professional outdoor displays and
classified as fireworks UNO333, UNO334, or UNO335 by the United States
Department of Transportation under 49 C.F.R. 172.101.
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
UNO336 or UNO337 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 when in place for the
explosion; and toy pistol paper or plastic caps that contain less than twenty
hundredths grains of explosive mixture.
Display fireworks: 1.3G or special effects fireworks or as further defined in the
Pyrotechnic Distributor and Operator Licensing Act (225 ILCS 227/1, et seq.).
B. It shall be unlawful for any person to sell, keep, expose for sale, loan or give away
any 1.3G fireworks, consumer fireworks, or display fireworks, anywhere in the city.
C. It shall be unlawful for any person to possess or to discharge anywhere in the city any
1.3G fireworks, consumer fireworks, or display fireworks; provided, however, that
pursuant to a resolution the mayor and city council may issue a permit for the
discharge of such fireworks and for pyrotechnical displays.
D. The sale and use of 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 when in place for the explosion; and toy pistol
paper or plastic caps that contain less than twenty hundredths grains of explosive
mixture, shall be permitted at all times.
Section 2. If any Section, subsection, sentence, clause, phrase or portion of this Chapter 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.
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Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this 14
day of 2009.
ROBYN SUTCLIFF JOSEPH BESCO
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS ^ _
ROSE ANN SPEARS BOB ALLEN
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of JPR I I_ 2009.
MAYOR
ATTEST:
RK
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