[HISTORY: Adopted by the Common Council of the City of Manawa 10-18-1993
as Title 7, Ch. 7 of the 1989 Code of Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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:
Fuel or a lubricant.
A firearm cartridge or shotgun shell.
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.
A match, cigarette lighter, stove, furnace, candle, lantern or space
heater.
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.
A toy snake which contains no mercury.
A model rocket engine.
Tobacco and a tobacco product.
A sparkler on a wire or wood stick not exceeding 36 inches in length
or 0.25 inch in outside diameter which does not contain magnesium, chlorate
or perchlorate.
A device designed to spray out paper confetti or streamers and which
contains less than 1/4 grain of explosive mixture.
A device designed to produce an audible sound but not explode, spark,
move or emit an external flame after ignition and which does not exceed three
grams in total weight.
A device that emits smoke with no external flame and does not leave
the ground.
A cylindrical fountain not exceeding 100 grams in total weight with
an inside tube diameter not exceeding 0.75 inch designed to sit on the ground
and emit only sparks and smoke.
A cone fountain not exceeding 75 grams in total weight designed to sit
on the ground and emit only sparks and smoke.
No person may sell or possess with intent to sell fireworks, except:
A.Â
Permit required. No person may possess or use fireworks without a user's permit from the Mayor or from an official or employee of the city as designated by the Common Council. No person may use fireworks or a device listed under Subsections E through G and I through N in the definition of "fireworks" in § 155-1 while attending a fireworks display for which a permit has been issued to a person listed under Subsection D(1) through (5) or under Subsection D(7) if the display is open to the general public.
B.Â
Permit exceptions. Subsection A above does not apply to:
(1)Â
The city, except that city fire and law enforcement officials
shall be notified of the proposed use of fireworks at least two days in advance.
(2)Â
The possession or use of explosives in accordance with
rules or general orders of the Wisconsin Department of Commerce.
(3)Â
The disposal of hazardous substances in accordance with
rules adopted by the Wisconsin Department of Natural Resources.
(4)Â
The possession or use of explosive or combustible materials
in any manufacturing process.
(5)Â
The possession or use of explosive or combustible materials
in connection with classes conducted by educational institutions.
(6)Â
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.
C.Â
D.Â
Who may obtain permit. A permit under this section may
be issued only to the following:
E.Â
Crop protection signs. A person issued a permit for crop
protection shall erect appropriate warning signs disclosing the use of fireworks
for crop protection.
F.Â
Bond. The Mayor 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 city, 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 Clerk-Treasurer.
G.Â
Required information for permit. A permit under this
section shall specify all of the following:
H.Â
Copy of permit. A copy of a permit under this section
shall be given to the Fire Chief and Chief of Police at least two days before
the date of authorized use.
I.Â
Minors prohibited. A permit under this section may not
be issued to a minor.
A.Â
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.Â
Smoking prohibited. No person may smoke where fireworks
are stored or handled.
C.Â
Fire Chief to be notified. A person who stores or handles
fireworks shall notify the Fire Chief of the location of the fireworks.
D.Â
Storage distance. No wholesaler, dealer or jobber may
store fireworks within 500 feet of a dwelling.
E.Â
Restrictions on storage. No person may store fireworks
within 500 feet of a public assemblage or place where gasoline or volatile
liquid is sold in quantities exceeding one gallon.
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.
[State law reference: W.S.A. s. 167.10(7)]