[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.]
GENERAL REFERENCES
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:
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.
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:
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 that is designed to produce audible or visible
effects or to produce audible and visible effects.
A device designed to spray out paper confetti
or streamers and which contains less than 1/4 grain of explosive mixture.
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.
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.[1]
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.
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.
A.
No person shall sell or possess with intent to sell
fireworks, except:
(1)
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.;
(2)
To a city, village or town;
(3)
For a purpose specified at § 167.10(3)(b)2
to 6, Wis. Stats.; or
(4)
To out-of-state purchasers in accord with § 167.10(4),
Wis. Stats.
A.
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:
B.
Sellers as agents of sale of possession permits.
(1)
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.
(2)
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.
D.
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.
E.
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:
A.
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.
B.
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.
C.
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.
A.
B.
The City Administrator shall provide appropriate permit
forms, as approved by the Fire Chief, and shall maintain adequate
records of the issuance thereof.
C.
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.
D.
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.
A.
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.
B.
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.
C.
Upon request of the Police Department, the City Attorney
may seek injunctive relief against present or future violations of
this chapter.
