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TO: Mayor and City Council
FROM: The Mayor's Office
The Law Department
DATE: September 16, 2021
SUBJECT:
Fireworks Regulation
PURPOSE:
To consolidate, clarify, and revise the City Code's prohibitions on the unlawful sale, possession, or use of fireworks.
BACKGROUND:
Following a significant increase in the number of fireworks-related complaints received by the City in the summer of 2021, the Mayor requested staff in his office and in the Law Department to review the City Code's provisions pertaining to fireworks and, if appropriate, to propose revisions for consideration by the City Council.
Currently, the City Code contains general prohibitions on the unlawful use of fireworks in Section 17-109.1 (Fire Protection and Prevention) and in Section 29-30 ("Police Enforcement of Fireworks"). The prohibitions in Section 17-109.1 are also found in the Section 12-17.8 of the Fire Code. Further, Section 30-23.5 expressly prohibits the use of fireworks in parks maintained by the City. Additionally, given that the most frequent complaint associated with the use of fireworks involves the noise they produce, Article 29-VIII ("Noise Abatement") also provides a more generalized avenue of enforcement.
A person who unlawfully uses or possess fireworks is subject to a fine only under the City Code under one of more of these provisions. Noise violations begin at $250 per offense as do violations of Sec. 29-30 and escalate based on subsequent violations. Other local fireworks offenses are punishable by fines between $50 and $500, as determined by the court. As is the case with all violations of Chapter 29, the City may declare real property where a fireworks violation repeatedly occurs as a public nuisance in accordance with Article 29-VII.
In summary, the existing City Code provisions pertaining specifically to fireworks, or under which fireworks-related misconduct may be charged, expressly provide that the City may 1) prosecute fireworks offenders 2) impose appropriate fines for violations, 3) utilize nuisance abatement as a tool to prevent repeated violations, and 4) generally recover the costs associated with the collection of unpaid fines assessed for violations.
In addition to the above described provisions of City Code, the Pyrotechnic Use Act provides that a violation of any of its provisions, including those which generally prohibit the possession, sale, and use of fireworks, constitutes a Class A misdemeanor. Under Illinois law, Class A misdemeanors are punishable by fines up to $2,500 and not more than 364 days in jail.
DISCUSSION:
While State law and the City Code presently provide various mechanisms of enforcing fireworks violations, our own ordinances are somewhat dated and do not take full advantage City's home rule authority exercise all of its power to regulate for the protection of the public health, safety, morals and welfare.
To that end, staff recommends the following amendments to the City Code:
1.) An amendment to Section 17-109.1 providing for the express authority of the fire marshal to permit fireworks exhibitions consistent with the Pyrotechnic Use Act. While existing provisions of the code elude to this authority, an express grant of authority is appropriate in recognizing the role of the fire department in ensuring fire safety. Section 17-109.1's prohibitions on the unlawful sale, use, or possession of fireworks are removed entirely.
2) An amendment to Sec. 29-30, presently titled "Police Enforcement of Fireworks" that replaces its existing provisions with similar prohibitions that may be enforced by any code enforcing officer of the City. When the Council adopted Sec. 29-30 in 2008, it apparently wished to resolve any doubt as to whether the police department had the authority to enforce local regulations on fireworks displays. Since at least 1946, the City's prohibitions on the possession or use of fireworks were part of the code chapter pertaining to fire protection and prevention. For this reason, past enforcement of municipal fireworks regulations may have been understood to have been the responsibility of the fire department.
The proposed amendment provides that violations of Sec. 29-30 are punishable by fines between $250 and $1,000 and provides direction to the court or the administrative hearing officer to impose higher fines for repeat offenders, those who use particularly dangerous fireworks, and those who detonate fireworks between 10 PM and 8 AM. Additionally, the City may also cite the owner of the property where illegal firework use is occurring. Other additions to 29-30 include cost recovery for the City, broader authority to abate real property as a nuisance, and the ability to lien real property for violations. Existing language pertaining to the disposal of unlawful fireworks is modernized.
3. Sec. 29-205, which is part of what is informally known as the known as the "noise ordinance" is amended by adding an additional paragraph defining the unlawful use of fireworks as a per se violation. While it is obvious that fireworks make noise while exploding, specifically including those explosions as per se noise violations provides an additional means of enforcement.
IMPACT STATEMENT:
The proposed revisions to the City Code should eliminate any uncertainty as to what role various City departments have in the enforcement of local ordinances pertaining to fireworks. They provide clear guidance as to what options are available to code enforcing employees and what documentation is necessary to successfully prosecute violations.
RECOMMENDATIONS:
That the Council approve this Ordinance
cc: Rules, Administration, and Procedures Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance amending various provisions of the Code of Ordinances, City of Aurora, pertaining to the unlawful sale, possession, and use of fireworks.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City has long prohibited the unlawful sale, possession, and use of fireworks under its local ordinances; and
WHEREAS, the City has recently experienced a significant increase in the number of complaints related to individuals unlawful exploding fireworks in residential areas; and
WHEREAS, the unlawfully use of fireworks in residential areas unfairly deprives the community of the quiet enjoyment of their property, and creates an unreasonably dangerous situation for nearby persons, pets, and property; and
WHEREAS, the City Council finds it appropriate to revise and consolidate the provisions of the City's Code of Ordinances pertaining to the unlawful sale, possession, and use of fireworks; and
WHEREAS, the City Council finds the unlawful sale, use, or possession of fireworks endangers the public health, safety, and welfare of the community, and that real property used for such purpose constitutes a public nuisance; and
WHEREAS, in order to better protect and promote the public health, safety, and welfare of the community, the City Council finds it appropriate and in the best interests of the City to amend various provisions of its Code of Ordinances as set forth in Exhibit A.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that Sections 17-109.1, 29-30, and 29-205 of the Code of Ordinances, City of Aurora, shall be and hereby are amended as set forth in Exhibit A.