[HISTORY: Adopted by the Town Board of the Town of Greenville 4-24-2017 by Ord. No. 1-17. Amendments noted where applicable.]
For purposes of use in this chapter:
- 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, 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 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 or to produce audible and visible effects.
- J. A device designed to spray out paper confetti or streamers and which contains less than one-quarter grain of explosive mixture.
- K. 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.
- L. 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.
- 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.
- O. A novelty device that spins or moves on the ground.
No person may sell or possess within the Town of Greenville with the intent to sell fireworks, unless any one of the following apply:
The person sells the fireworks or possesses the fireworks with intent to sell them to a person holding a permit issued by the Town of Greenville or a designated representative of the Town.
The person sells the fireworks or possess the fireworks with intent to sell them to a person holding a permit issued by another Wisconsin municipality.
The person sells the fireworks or possesses the fireworks with intent to sell them to a city, village or town.
The person sells the fireworks or possesses the fireworks with intent to sell them to a person who is not a resident of this state.
Fireworks may only be used within the Town of Greenville by those who have been properly issued a user's permit or a special permit on the date, at the time and at the location specified therein.
User's permits may be issued only by the Town Board, Town Clerk, Town Administrator, or a vendor designated by the Town Board for use on or between June 15 and July 15 within the applicable calendar year at a cost of $5. User's permits must designate the time, date, and location of anticipated use, as well as a description of fireworks purchased for use.
Special Permits may be issued only by the Town Board, Town Clerk or Town Administrator for use on an authorized date within the applicable calendar year. Special permits must designate the time, date and location of anticipated use, as well as a description of fireworks purchased for use.
A vendor who has properly obtained a seasonal seller's permit as specified in Chapter 233 of this Code for the sale of fireworks may, at the Town Board's discretion, be designated to issue user's permits. Numbered user's applications and corresponding user's permits will be provided by the Town to such vendors for sale at the location specified in the seasonal seller's permit only. A copy of all user's applications which result in the issuance of a user's permit must be provided by the vendor to the Town of Greenville within at least one business day of issuance. All fees collected by the vendor in connection with the issuance of user's permits must be remitted to the Town on or before August 1 of each applicable calendar year. Failure to comply with the requirements set forth herein may result in revocation of the seller's seasonal seller's permit, as well as the imposition of penalties as set forth in § 150-7.
Any individual or entity who violates this chapter shall, upon conviction, be subject to a forfeiture of not less than $50 and not more than $1,000. Each day that a violation exists shall constitute a separate offense. The issuance of a citation shall not preclude proceedings under any other ordinance or law relating to the same or any other matter.