[HISTORY: Adopted by the Town Board of the Town of Vinland
as Title 7, Ch. 6, of the 2004 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 217.
The term "fireworks" as used in this chapter shall be defined
as stated in § 167.10, Wis. Stats.
No person may sell or possess with intent to sell fireworks
except:
A.
Permit required. No person may possess or use fireworks without a user's permit from the Town Chairperson or from an official or employee of the Town designated by the Town Board. No person may use fireworks or a device listed under § 167.10(1)(e) to (g) or (i) to (n), Wis. Stats., 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.[1]
B.
Permit exceptions. Subsection A above does not apply to:
(1)
The Town, except that Town 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.
(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 explosives or combustible materials in connection
with classes conducted by educational institutions.
(6)
The possession of fireworks in the Town while transporting the fireworks to a city, town or village where the possession of the fireworks is authorized by permit or ordinance. Subsection A applies to a person transporting fireworks under this section if, in the course of transporting the fireworks through the Town, the person remains in the Town for a period of at least 12 hours.[2]
C.
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 Town Chairperson issuing a permit under this section shall
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 Town, 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 Town Clerk.
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 the Fire Chief 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.
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.
A 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.
A.
Temporary fireworks sales locations are permitted in the Town of
Vinland, provided the following conditions are satisfied:
(1)
Payment of a fee as prescribed in the current Town Fee Schedule.
(2)
The applicant shall file with the Town Clerk proof of having in effect
$1,000,000 in liability insurance. A lapse in such coverage shall
result in immediate termination of the sales authorization.
(3)
Any authorization for temporary sales of fireworks is conditional
upon a satisfactory inspection report from the Fire Inspector.
B.
Applications for a permit for temporary fireworks sales shall be
made to the Town Clerk, with review and authorization from the Town
Chairperson.