Licenses and permits — See Ch. 347.
§ 289-2Sale of fireworks.
§ 289-3Use of fireworks.
§ 289-4Storage and handling of fireworks.
§ 289-5Parental liability.
§ 289-6Violations and penalties.
In this chapter, the term "fireworks" shall be defined as provided in § 167.10(1) (intro.) and (1)(e), (f), (i), (j), (k), (L), (m) and (n), Wis. Stats.
No person may sell or possess with intent to sell fireworks, except:
Permit required. No person may possess or use fireworks without a user's permit issued by the Village Board upon payment of a fee as set by the Village Board. No person may use fireworks or a device listed under § 167.10(1)(e) through (g) and (i) through (n), Wis. Stats., while attending a fireworks display for which a permit has been issued to a person listed under Subsection C(1) through (5) or under Subsection C(6) if the display is open to the general public.
Permit exceptions. Subsection A above does not apply to:
The Village, except that Village fire and law enforcement officials shall be notified of the proposed use of fireworks at least two days in advance.
The possession or use of explosives in accordance with rules or general orders of the Wisconsin Department of Safety and Professional Services (formerly the Department of Commerce).
The disposal of hazardous substances in accordance with rules adopted by the Wisconsin Department of Natural Resources.
The possession or use of explosive or combustible materials in any manufacturing process.
The possession or use of explosive or combustible materials in connection with classes conducted by educational institutions.
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.
The possession of fireworks in the Village 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 Village, the person remains in the Village for a period of at least 12 hours.
Who may obtain permit. A permit under this section may be issued only to the following:
A public authority.
A fair association.
An amusement park.
A park board.
Bond. The Village Board 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 Village, 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 Village Clerk-Treasurer.
Required information for permit. A permit under this section shall specify all of the following:
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.
Minors prohibited. A permit under this section may not be issued to a minor.
Fire extinguishers required. No wholesaler, dealer or jobber may store or handle fireworks on the premises unless the premises is equipped with fire extinguishers approved by the Fire Chief.
Smoking prohibited. No person may smoke where fireworks are stored or handled.
Fire Chief to be notified. A person who stores or handles fireworks shall notify the Fire Chief of the location of the fireworks.
Storage distance. No wholesaler, dealer or jobber may store fireworks within 500 feet of a dwelling.
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.
Pursuant to § 167.10(9)(b), Wis. Stats., a person who possesses or uses fireworks without a valid permit or who sells fireworks to a person who does not have a valid permit is subject to a forfeiture of up to $1,000 per violation. Each firework illegally possessed, used or sold may be a separate violation.
Pursuant to § 167.10(9)(c), Wis. Stats., a parent or guardian who allows a minor to possess or use fireworks (not including those for which no permits are required) is subject to a forfeiture of up to $1,000 per violation.
Pursuant to § 167.10(8)(a), Wis. Stats., the Village may petition the Circuit Court for an order enjoining violations of § 167.10(2), (3) or (6), Wis. Stats., or this chapter. A person who violates a court order is subject to the penalty provided in § 167.10(9)(a), Wis. Stats.