§ 38-3. Sale and discharge of fireworks prohibited.

(a)

Adoption of state law. Wis. Stats. § 167.1 regulating the sale and use of fireworks, exclusive of any penalty imposed thereby, is adopted by reference and made a part of this section as though set forth in full.

(b)

Fireworks defined. Fireworks means anything manufactured, processed, or packaged for exploding, emitting sparks or combustion that does not have another common use.

(1)

Pursuant to the provisions of Wis. Stats. § 167.10(5), for purposes of this section, the term "fireworks" includes, but is not limited to the following:

a.

A toy snake that contains no mercury;

b.

A device designed to spray out paper confetti or streamers and which contains less than one-quarter grain of explosive mixture;

c.

A fuseless device that is designed to produce audible or visible effects or audible and visible effects, and that contains less than one-quarter grain of explosive mixture;

d.

A device that is designed primarily to burn pyrotechnic smoke-producing mixtures, at a controlled rate, and that produces audible or visible effects, or audible and visible effects;

e.

A cylindrical fountain that consists of one or more tubes and that is classified by the federal department of transportation as a division 1.4 explosive, as defined in 49 CFR 173.50; or

f.

A cone fountain that is classified by the federal department of transportation as a division 1.4 explosive, as defined in 49 CFR 173.50.

(2)

For purposes of this section, the term "fireworks" does not include any of the following:

a.

Fuel or a lubricant;

b.

A firearm cartridge or shotgun shell;

c.

A flare used or possessed or sold for use as a signal in an emergency or in the operation of a railway, aircraft, watercraft or motor vehicle;

d.

A match, cigarette lighter, stove, furnace, candle, lantern or space heater;

e.

A cap containing not more than one-quarter grain of explosive mixture, if the cap is used or possessed or sold for use in a device which prevents direct bodily contact with a cap when it is in place for explosion;

f.

A model rocket engine;

g.

Tobacco and a tobacco product; or

h.

A sparkler on a wire or wood stick not exceeding 36 inches in length that is designed to produce audible or visible effects or to produce audible and visible effects.

(c)

Sale. No person may sell or possess with intent to sell fireworks, except:

(1)

To a person holding a permit under Wis. Stats. § 167.10(3)(c);

(2)

To a city, village or town; or

(3)

For a purpose specified under sub. (4)(b) 2 to 6 of this section.

(d)

Use.

(1)

No person may possess or use fireworks in the village without a user's permit from the village president. No person may use fireworks or any of the following devices while attending a fireworks display for which a permit has been issued to a person listed under subsection (d)(3)a-e of this section, or under subsection (d)(3)f of this section, if the display is open to the general public.

a.

A cap containing not more than one-quarter grain of explosive mixture, if the cap is used or possessed or sold for use in a device which prevents direct bodily contact with a cap when it is in place for explosion;

b.

A toy snake which contains no mercury;

c.

A model rocket engine;

d.

A sparkler on a wire or wood stick not exceeding 36 inches in length that is designed to produce audible or visible effects or to produce audible and visible effects;

e.

A device designed to spray out paper confetti or streamers and which contains less than one-quarter grain of explosive mixture;

f.

A fuseless device that is designed to produce audible or visible effects or audible and visible effects, and that contains less than one-quarter grain of explosive mixture;

g.

A device that is designed primarily to burn pyrotechnic smoke-producing mixtures, at a controlled rate, and that produces audible or visible effects, or audible and visible effects; or

h.

A cylindrical fountain that consists of one or more tubes and that is classified by the federal department of transportation as a division 1.4 explosive, as defined in 49 CFR 173.50.

(2)

Paragraph (a) does not apply to:

a.

The village, but municipal fire and law enforcement officials shall be notified of the proposed use of fireworks at least two days in advance;

b.

The possession or use of explosives in accordance with rules or general orders of the department of commerce;

c.

The disposal of hazardous substances in accordance with rules adopted by the department of natural resources;

d.

The possession or use of explosive or combustible materials in any manufacturing process;

e.

The possession or use of explosive or combustible materials in connection with classes conducted by educational institutions;

f.

Forefiture. A possessor or manufacturer of explosives in possession of a license or permit under 18 U.S.C. § 841 to 848 if the possession of the fireworks is authorized under the license or permit; or

g.

The possession of fireworks in the village while transporting the fireworks to a city, town or village where the possession of the fireworks is authorized by permit or ordinance unless, in the course of transporting the fireworks through a city, town or village, the person remains in the village for a period of at least 12 hours.

(3)

A permit under this subsection may be issued only to the following:

a.

A public authority;

b.

A fair association;

c.

An amusement park;

d.

A park board;

e.

A civic organization;

f.

A group of resident or nonresident individuals; or

g.

An agricultural producer for the protection of crops from predatory birds or animals.

(4)

A person issued a permit for crop protection shall erect appropriate warning signs disclosing the use of fireworks for crop protection.

(5)

No permit shall be issued unless an indemnity bond with good and sufficient sureties or policy of liability insurance for the payment of all claims that may arise by reason of injuries to person or property from the handling, use or discharge of fireworks under the permit have been provided in a form reasonably satisfactory to the village attorney. The bond or policy, if required, shall be taken in the name of the village in an amount equal to $1,000,000.00, and any person injured thereby may bring an action on the bond or policy in the person's own name to recover the damage the person has sustained, but the aggregate liability of the surety or insurer to all persons shall not exceed the amount of the bond or policy. The bond or policy, if required, together with a copy of the permit shall be filed in the office of the clerk of the city, village or town.

(6)

A permit under this subsection shall specify all of the following:

a.

The name, age, telephone number(s), and address of the permit holder;

b.

The date on and after which fireworks may be purchased;

c.

The kind and quantity of fireworks that may be purchased;

d.

The date and location of permitted use; and

e.

The time periods during which the fireworks may be used.

(7)

A copy of a permit under this subsection shall be given to the municipal fire or law enforcement official at least two days before the date of authorized use.

(8)

A permit under this subsection may not be issued to a minor.

(e)

Parental Liability. Pursuant to Wis. Stats. § 167.10(7), a parent, foster parent, treatment foster parent, family operated group home parent or legal guardian of a minor who consents to the use of fireworks by the minor is liable for damages caused by the minor's use of the fireworks.

(f)

Pursuant to Wis. Stats. § 167.10(9)(c), any parent or legal guardian of a minor who consents to the use of fireworks by the minor shall, upon conviction, be subject to a forfeiture of not more than $1,000.

(Code 1991, § 9.03; Ord. No 646-00, § 1, 6-12-2000)

Cross reference

Discharge of firearms, § 66-3.