[HISTORY: Adopted by the Town Board of the Town of Holland 12-10-2007
by Ord. No. 1-2007. Amendments noted where applicable.]
In this chapter, the term "fireworks" shall be defined as provided in
§ 167.10(1), 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 Board or from an official or employee of the Town as 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.
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 Commerce.
(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 explosive or combustible materials
in connection with classes conducted by educational institutions.
(6)
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.
(7)
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 subsection 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.
C.
Whom permit may be issued to. A permit under this section
may be issued only to the following:
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 Board issuing a permit under this section
may 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, if required, 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, if required,
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 by the permit holder to the Fire Chief in the district where
fireworks will be used 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 in 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.
D.
Storage distance. No wholesaler, dealer or jobber may
store fireworks within 50 feet of a dwelling.
E.
Restrictions on storage. No person may store fireworks
within 50 feet of a public assemblage or place where gasoline or other flammable
or combustible liquid as defined in 29 CFR 1910.106 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.
The permit fee is provided in the fee schedule on file at the Town Clerk's
office.
