Fireworks Already Exploding in Residential Neighborhoods

Fireworks Already Exploding in Residential Neighborhoods

Every year, a score of Kane County residents are injured through the use of illegal fireworks.

There’s evidence that this year’s activities are ratcheting up sooner than usual, and the Kane County Sheriff’s Office and police departments throughout Kane County already are issuing warnings and public service messages about safety and noise.

“We have started to receive complaints about fireworks being set off in our residential neighborhoods,” Kane County Director of Administration Pat Gengler said on the Sheriff’s Office Facebook page. “Not only are fireworks illegal, they are dangerous. Please leave the firework displays to the professionals. Your neighbors will appreciate it.”

fireworks-crackersKane County’s Fireworks Laws

Per ordinance Chapter 10:

FIREWORKS, Sec. 10-16, (a) Consumer displays are hereby prohibited unless performed by a lead pyrotechnic operator as part of a pyrotechnic display …” According to 425 ILCS 35/2 Unlawful Possession, Sale, and Use of Fireworks, it is a Class A Misdemeanor for any person to knowingly possess, use, or explode any display fireworks, flame effects, or consumer fireworks.”

Federal and State Law

By way of background, both federal and state law significantly restrict the ability to possess fireworks. Federal law prohibits one from possessing “banned hazardous substances,”and specifically, prohibits the possession of M-80s, cherry bombs, are firecrackers with more than 50 milligrams of “pyrotechnic composition.”

Illinois law expands upon this, and the Pyrotechnic Use Act (“PUA”) and Illinois Fireworks Use Act bans all “consumer fireworks,” which includes firecrackers, bottle rockets, and roman candles. [225 ILCS 227/, 425 ILCS 35/]. Under Illinois law, possession of these articles can result in up to one year in prison and a fine of $2,500. While Illinois law does not prohibit “non-consumer fireworks,” it does allow municipalities to ban any such items under local ordinance (which is the case for the Village of Montgomery).

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About the Kane County Sheriff’s Office

It is the mission of the Kane County Sheriff’s Office to maintain peace in Kane County communities and protect the Constitutional rights of all citizens. Sheriff’s Office employees will accomplish this mission by providing effective and efficient services with moral and ethical integrity. All citizens can be expected to be treated with equal justice and compassion for their needs. For more information, visit the Kane County Sheriff’s Office website and KaneSheriff’s Facebook page.


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