[Adopted by the Village Board of the Village of Baldwin 7-11-2012. Amendments
noted where applicable.]
GENERAL REFERENCES
Fires and fire prevention — See Ch. 304.
Except as otherwise allowed by this chapter, no person may possess,
sell or use fireworks in the Village of Baldwin. This chapter shall
constitute a local regulation adopted pursuant to § 167.10(5),
Wis. Stats.
In this chapter, "fireworks" means anything manufactured, processed
or packaged for exploding, emitting sparks or combustion which does
not have another common use, but 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 1/4 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 toy snake which contains no mercury.
G.
A model rocket engine.
H.
Tobacco and a tobacco product.
I.
A sparkler on a wire or wood stick not exceeding 36 inches in length
that is designed to produce audible or visible effects.
J.
A device designed to spray out paper confetti or streamers and which
contains less than 1/4 grain of explosive mixture.
K.
A fuseless device that is designed to produce an audible or visible
effect or audible and visible effects and that contains less than
1/4 grain of explosive mixture.
L.
A device that is designed primarily to burn pyrotechnic smoke-producing
mixtures, at a controlled rate, and that produces an audible or visible
effect or audible and visible effects.
M.
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.
N.
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.
A.
Permit required. No person may use fireworks without a user's permit from the Village President or from an official or employee of the Village as designated by the Village President. No person may use fireworks or a device listed under Subsections E to G and I to N of the definition of "fireworks" in § 307-2 while attending a fireworks display for which a permit has been issued to a person listed under Subsection C(1) to (5) or under Subsection C(6) if the display is open to the general public. A fee as prescribed the Village Fee Schedule shall be paid at the time of application.[1]
B.
Permit exceptions. Subsection A above does not apply to:
(1)
The Village, except that Village fire and law enforcement officials
shall be notified of the proposed use of fireworks at least two days
in advance.
(2)
The possession or use of explosives in accordance with rules or general
orders of the Wisconsin Department of Safety and Professional Services
(or its successor).
(3)
The disposal of hazardous substances in accordance with rules adopted
by the Wisconsin Department of Natural Resources.
(4)
The possession or use of explosive or combustible materials in any
manufacturing process.
(5)
The possession or use of explosive or combustible materials in connection
with classes conducted by educational institutions.
(6)
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.
(7)
A possessor of fireworks within the Village while transporting the
fireworks to a city, town or village where the possession of the fireworks
is authorized by permit or ordinance, if such person does not remain
within the Village for a period of more than 12 hours.
C.
Who may obtain permit. A permit under this subsection may be issued
only to the following:
D.
Crop protection signs. A person issued a permit for crop protection
shall erect appropriate warning signs disclosing the use of fireworks
for crop protection.
E.
Bond. The Village President or other authorized party issuing a permit
under this section may require 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. The bond
or policy shall be taken in the name of the Village, 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, together with
a copy of the permit, shall be filed in the office of the Village
Clerk-Treasurer.
F.
Required information for permit. A permit under this section shall
specify all of the following:
G.
Copy of permit. A copy of a permit under this section shall be given
to Village fire and law enforcement officials at least two days before
the date of authorized use.
H.
Minors prohibited. A permit under this section may not be issued
to a minor.
I.
Out of state. This section does not prohibit a vendor (a seller licensed
under this chapter) from selling fireworks to a nonresident person
or to person or group granted a permit under this chapter. A vendor
that ships the fireworks sold under this subsection shall package
and ship the fireworks in accordance with all applicable state and
federal laws.
A.
Limitations on possession. No person shall have within their possession,
to own, hold on consignment or to otherwise be physically and/or legally
in control of, fireworks without a permit under this chapter.
B.
Possession permit. An authorized seller of fireworks shall issue a possession permit to a person to possess fireworks within the Village for purposes of possessing the fireworks while transporting them through the Village. A possessor's permit does not authorize the holder of such permit to use fireworks within the Village of Baldwin. The holder of a possession permit may not use fireworks within the Village without a valid user's permit issued under § 307-3 of this chapter.
C.
Issuance of possession permits. The Village hereby designates licensed
sellers of fireworks as agents for the Village for the sale of possession
permits. The Village Clerk-Treasurer shall provide an appropriate
permit form as approved by the Village Board, or alternately the Village
Clerk-Treasurer may approve an alternate permit format proposed by
an authorized seller.
D.
Reporting requirements. The holder of a seller's permit who issues possessors' permits shall maintain a record of each permit issued, and a copy of each permit issued shall be given to the Village Clerk-Treasurer on a quarterly basis, and weekly during the month of June, and on July 10 (or the nearest workday to July 10), and at any time upon the request of the Village Clerk-Treasurer. As an alternative to providing copies of each permit, the Village Clerk-Treasurer may approve an alternate system for authorized sellers to report permits issued by said authorized sellers which provides the necessary permit information. Failure to provide a copy of each permit or an approved alternate report in a timely manner shall result in a suspension of the seller's permit issued under § 307-5 below until such copies or reports are provided.
E.
Possessor's permit fee. The charge for each possession permit
shall be as prescribed in Village's Fee Schedule.
A.
B.
Seller's permit. No person may sell or possess with intent to
sell fireworks without a seller's permit from the Village Clerk-Treasurer.
The fee for a seller's permit shall be as prescribed in the Village
Fee Schedule per calendar year.[4]
(1)
The entire permit fee shall be charged for every seller's permit
per calendar year, whether for the whole or fraction of a year, and
shall be paid when application is made for such permit.
(2)
The Village Clerk-Treasurer shall provide an appropriate permit form
as approved by the Village Board and shall maintain adequate records
of the permits issued.
(3)
The applicant shall particularly describe the address and structure
where the permit will be used and shall at all times publicly and
continuously display such permit at such location. Such permit may
be transferred to a new location upon payment of a transfer fee as
prescribed in the Village Fee Schedule.
(4)
All holders of seller's permits shall comply with all local
ordinances and federal and state regulations and statutes regarding
the sale, transport or storage of flammable or explosive materials.
(5)
Failure to pay the applicable fees shall result in a suspension of
a seller's permit until such fees are paid.
A.
Fire extinguishers required. No wholesaler, dealer or jobber may
store or handle fireworks on the premises unless the premises are
equipped with fire extinguishers approved by the Fire Chief.
B.
Smoking prohibited. No person may smoke where fireworks are stored
or handled.
C.
Fire Chief to be notified. A person who stores or handles fireworks
shall notify the Fire Chief of the location of the fireworks.
D.
Storage distance. No wholesaler, dealer or jobber may store fireworks
within 50 feet of a dwelling.
E.
Restrictions on storage. No person may store fireworks within 50
feet of a public assemblage or place where gasoline or volatile liquid
is sold in quantities exceeding one gallon.
A.
Suspension for failure to pay amounts due Village. Any permit issued
hereunder may be suspended for the permit holder's failure to
timely pay any outstanding moneys owed to the Village, for example
but not by limitation, assessments, taxes, fees, or penalties owed
to the Village. Such suspension shall become effective 72 hours after
written notice of the pending suspension is personally served on the
permit holder or any employee of said permit holder during regular
business hours. Any such suspension shall be lifted upon payment of
such amounts.
B.
Immediate suspension to protect health and safety. After conferring
with the Village Police Chief or Fire Chief, in order to protect the
health and safety of persons and property, the Village President may
temporarily suspend any permit issued hereunder. As time permits,
the Village President shall cause notice of such suspension to be
personally served on the permit holder or, if the permit holder is
a business, any employee of said permit holder who is on the premises
of the business. The Village President shall lift any such suspension
as soon as the condition(s) causing the health and safety endangerment
is alleviated. Any such suspension shall be reported by the President
to the Village Clerk-Treasurer who shall place the item on the agenda
of the next regularly scheduled Village Board meeting for the Board
to be apprised of the situation.
C.
Suspension for ordinance violation. The Village President, upon reasonable
evidence furnished to him or her, may issue a written order revoking
any permit issued hereunder for the repeated or continued violation
of any Village ordinance. The order shall give the permit holder a
minimum of 14 days to remedy the violation(s) or to request a public
hearing before the Village Board. If the permit holder timely requests
such a public hearing, the suspension shall be stayed until after
the public hearing and a subsequent decision on the suspension is
made by the Village Board. If the permit holder does not timely remedy
the violations or request such a public hearing, the temporary suspension
shall become permanent.
D.
Revocation or nonrenewal. The Village Board, upon reasonable evidence
furnished to it, may revoke or non-renew any permit issued hereunder
for the repeated or continued violation of any Village ordinance.
Prior to any revocation or nonrenewal, the Village Clerk-Treasurer
shall cause written notice of such pending revocation or nonrenewal
to be personally served on the permit holder or any employee of said
permit holder who is on the premises of the business. The permit holder
shall have 14 days to remedy the violation(s) or to request a public
hearing before the Village Board. If the permit holder timely requests
such a public hearing, the suspension shall be stayed until after
the public hearing and a subsequent decision on the suspension is
made by the Village Board. If the permit holder does not timely remedy
the violations or request such a public hearing, the temporary suspension
shall become permanent.
F.
Continued violations. In this chapter, a continued violation is one
that lasts seven consecutive days or occurs daily for seven consecutive
days; a repeated violation is one that is repeated more than five
times within a fourteen-day period.