[HISTORY: Adopted by the City Council of the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as Title 7, Ch. 6 of the 2001 Code. Amendments noted where applicable.]
Fires and fire prevention — See Ch. 262.
This chapter shall regulate the possession, sale and use of fireworks within the City limits. It shall constitute a local regulation adopted pursuant to § 167.10(5), Wis. Stats.
The following definitions shall apply to the application of this chapter:
- CITY or CITY LIMITS
- All land located within the corporate limits of the City of Weyauwega.
- A place of residence for human inhabitants and shall include all single-family and multiple-family residences and all other structures used for human habitation.
- FIRE CHIEF
- The duly appointed Fire Chief of the City of Weyauwega.
- 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 or to produce audible and 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 audible or visible effects or audible and visible effects and that contains less than 1/4 gram 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.
- Any natural person or unincorporated or incorporated corporation, partnership or other association. Persons who otherwise are referred to as "sellers" under this chapter shall include, for purposes of § 266-8B and D, those sellers who are not required to obtain a seller's permit. It shall not include a natural person under the age of 18 years, otherwise referred to herein as a "minor."
- To have in one's possession, to own, hold on consignment or otherwise to be physically and/or legally in control of fireworks.
- Any of the permitted purposes for fireworks set forth at § 167.10(3)(b)2 to 6, Wis. Stats., together with all other types of use, including but not limited to explosions, emission of sparks or combustion.
Except as otherwise allowed by this chapter, no person may possess, sell or use fireworks in the City.
No person shall sell or possess with intent to sell fireworks, except:
To a person holding a permit under § 266-5 below or a similar municipal permit issued in accord with § 167.10(3)(a) and (c), Wis. Stats.;
To a city, village or town;
For a purpose specified at § 167.10(3)(b)2 to 6, Wis. Stats.; or
To out-of-state purchasers in accord with § 167.10(4), Wis. Stats.
No person shall possess with the intent to use or use fireworks in the City unless, prior to the purchase or other procurement of fireworks, a user's permit shall have been issued to such person by the Mayor or his/her designee. Sellers of fireworks shall obtain a fireworks seller's permit pursuant to §§ 266-8 and 266-9. Only the following persons shall be eligible for issuance of a possession/use permit:
Sellers as agents of sale of possession permits.
Persons procuring a possession permit from an authorized seller of fireworks may possess fireworks in the City but not for the purpose of use in the City. For purposes of this subsection the City shall designate licensed sellers as agents for the sale of possession permits.
In order to obtain a possession permit, a person seeking to purchase fireworks from a seller regulated under this chapter shall first obtain a permit under § 167.10(3), Wis. Stats., or pursuant to this chapter adopted in accord with § 167.10, Wis. Stats. A copy of said permit must be presented to the seller at the time of purchase. The seller shall, in turn, provide copies of all possession permits issued together with copies of the underlying municipal permits to the City Administrator within 24 hours of each such sale, exclusive of Saturdays, Sundays or legal holidays.
Prior to issuance of such a user's permit, the City shall, in accord with § 167.10(3)(e), Wis. Stats., require the filing of an indemnity bond or policy in such amount as the City deems to be adequate under the facts and circumstances of each application. The Mayor or designated official issuing a permit under this subsection 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 City Administrator.
Permits shall be on forms approved of by the City Council. All of the information required under § 167.10(3)(f), Wis. Stats., shall be specified on user's permits.
No person possessing fireworks with the intent to sell in the City may store or handle fireworks in premises which are not equipped with fire extinguishers approved by the Fire Chief or his/her designee. In addition, the following criteria shall govern storage and handling:
No person shall sell fireworks in the City without a permit issued for such purpose by the Mayor or by his/her designee. Applications shall be filed with the City a minimum of 15 days prior to the requested commencement date of fireworks sales. Proof of public liability insurance shall be filed with the City. Prior to the Mayor making a decision regarding the application, the City Council shall be asked to make an advisory recommendation.
In addition, no person shall sell fireworks, including but not limited to those devices specified at Subsections F, G, I, J, K, M and N of the definition of "fireworks" in § 266-2, to minors.
No fireworks, as that term is generally described at § 266-2, which fall outside of the federal classification of "Class C" common fireworks and/or those specified at Subsections F, G, I, J, K, M and N of the definition of "fireworks" in § 266-2 may be possessed with the intent to sell or be sold in the City.
The annual fee for a permit to sell fireworks under § 266-8 is the sum as set by the City Council. The entire permit fee shall be charged for every permit for the whole or fraction of a year and shall be paid when application is made for such permit.
The City Administrator shall provide appropriate permit forms, as approved by the Fire Chief, and shall maintain adequate records of the issuance thereof.
The applicant shall particularly describe the location 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 set by the City Council.
All sellers shall comply with all local ordinances and federal and state regulations and statutes regarding the sale, transport or storage of flammable, explosive or hazardous materials.
Any person violating any of the provisions of this chapter shall be subject to a forfeiture as prescribed by § 1-3 of this Code, together with the costs of prosecution.
Pursuant to § 167.10(8)(b), Wis. Stats., fireworks stored, handled, sold, possessed or used by a person in violation of this chapter may be seized by the Police Department, held as evidence and destroyed after conviction.
Upon request of the Police Department, the City Attorney may seek injunctive relief against present or future violations of this chapter.