Village of Baldwin, WI Chapter 307 Fireworks

[Adopted by the Village Board of the Village of Baldwin 7-11-2012. Amendments noted where applicable.]

GENERAL REFERENCES

Fires and fire prevention — See Ch. 304.

§ 307-1 Regulation of fireworks.

Except as otherwise allowed by this chapter, no person may possess, sell or use fireworks in the Village of Baldwin. This chapter shall constitute a local regulation adopted pursuant to § 167.10(5), Wis. Stats.

§ 307-2 Definitions.

In this chapter, "fireworks" means 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.

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 an audible or visible effect or audible and visible effects and that contains less than 1/4 grain of explosive mixture.

L. A device that is designed primarily to burn pyrotechnic smoke-producing mixtures, at a controlled rate, and that produces an audible or visible effect 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.

O. A novelty device that spins or moves on the ground.[1]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 307-3 Use.

A. Permit required. No person may use fireworks without a user's permit from the Village President or from an official or employee of the Village as designated by the Village President. No person may use fireworks or a device listed under Subsections E to G and I to N of the definition of "fireworks" in § 307-2 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. A fee as prescribed the Village Fee Schedule shall be paid at the time of application.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Permit exceptions. Subsection A above does not apply to:

(1) 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.

(2) The possession or use of explosives in accordance with rules or general orders of the Wisconsin Department of Safety and Professional Services (or its successor).

(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) A possessor of fireworks within the Village while transporting the fireworks to a city, town or village where the possession of the fireworks is authorized by permit or ordinance, if such person does not remain within the Village for a period of more than 12 hours.

C. Who may obtain permit. A permit under this subsection may be issued only to the following:

(1) A public authority.

(2) A fair association.

(3) An amusement park.

(4) A park board.

(5) A civic organization.

(6) Any individual or group of individuals.

(7) An agricultural producer for the protection of crops from predatory birds or animals.

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 Village President or other authorized party 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 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.

F. Required information for permit. A permit under this section shall specify all of the following:

(1) The name and address of the permit holder.

(2) The date on and after which fireworks may be purchased.

(3) The kind and quantity of fireworks which may be purchased.

(4) The date and location of permitted use.

G. Copy of permit. A copy of a permit under this section shall be given to Village fire and law enforcement officials 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.

I. Out of state. This section does not prohibit a vendor (a seller licensed under this chapter) from selling fireworks to a nonresident person or to person or group granted a permit under this chapter. A vendor that ships the fireworks sold under this subsection shall package and ship the fireworks in accordance with all applicable state and federal laws.

§ 307-4 Possession of fireworks.

A. Limitations on possession. No person shall have within their possession, to own, hold on consignment or to otherwise be physically and/or legally in control of, fireworks without a permit under this chapter.

B. Possession permit. An authorized seller of fireworks shall issue a possession permit to a person to possess fireworks within the Village for purposes of possessing the fireworks while transporting them through the Village. A possessor's permit does not authorize the holder of such permit to use fireworks within the Village of Baldwin. The holder of a possession permit may not use fireworks within the Village without a valid user's permit issued under § 307-3 of this chapter.

C. Issuance of possession permits. The Village hereby designates licensed sellers of fireworks as agents for the Village for the sale of possession permits. The Village Clerk-Treasurer shall provide an appropriate permit form as approved by the Village Board, or alternately the Village Clerk-Treasurer may approve an alternate permit format proposed by an authorized seller.

D. Reporting requirements. The holder of a seller's permit who issues possessors' permits shall maintain a record of each permit issued, and a copy of each permit issued shall be given to the Village Clerk-Treasurer on a quarterly basis, and weekly during the month of June, and on July 10 (or the nearest workday to July 10), and at any time upon the request of the Village Clerk-Treasurer. As an alternative to providing copies of each permit, the Village Clerk-Treasurer may approve an alternate system for authorized sellers to report permits issued by said authorized sellers which provides the necessary permit information. Failure to provide a copy of each permit or an approved alternate report in a timely manner shall result in a suspension of the seller's permit issued under § 307-5 below until such copies or reports are provided.

E. Possessor's permit fee. The charge for each possession permit shall be as prescribed in Village's Fee Schedule.

§ 307-5 Sale of fireworks.

A. Limitations on sale. No person may sell or possess with intent to sell fireworks except:

(1) To a person holding a permit under § 307-3C;[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) To a municipality;

(3) To a person who is not a resident of this state; or[2]

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(4) For a purpose specified under § 307-3B(2) to (6).[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Seller's permit. No person may sell or possess with intent to sell fireworks without a seller's permit from the Village Clerk-Treasurer. The fee for a seller's permit shall be as prescribed in the Village Fee Schedule per calendar year.[4]

(1) The entire permit fee shall be charged for every seller's permit per calendar year, whether for the whole or fraction of a year, and shall be paid when application is made for such permit.

(2) The Village Clerk-Treasurer shall provide an appropriate permit form as approved by the Village Board and shall maintain adequate records of the permits issued.

(3) The applicant shall particularly describe the address and structure 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 prescribed in the Village Fee Schedule.

(4) All holders of seller's permits shall comply with all local ordinances and federal and state regulations and statutes regarding the sale, transport or storage of flammable or explosive materials.

(5) Failure to pay the applicable fees shall result in a suspension of a seller's permit until such fees are paid.

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 307-6 Storage and handling.

A. 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. 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 volatile liquid is sold in quantities exceeding one gallon.

§ 307-7 Suspension, revocation or nonrenewal of permit; appeals.

A. Suspension for failure to pay amounts due Village. Any permit issued hereunder may be suspended for the permit holder's failure to timely pay any outstanding moneys owed to the Village, for example but not by limitation, assessments, taxes, fees, or penalties owed to the Village. Such suspension shall become effective 72 hours after written notice of the pending suspension is personally served on the permit holder or any employee of said permit holder during regular business hours. Any such suspension shall be lifted upon payment of such amounts.

B. Immediate suspension to protect health and safety. After conferring with the Village Police Chief or Fire Chief, in order to protect the health and safety of persons and property, the Village President may temporarily suspend any permit issued hereunder. As time permits, the Village President shall cause notice of such suspension to be personally served on the permit holder or, if the permit holder is a business, any employee of said permit holder who is on the premises of the business. The Village President shall lift any such suspension as soon as the condition(s) causing the health and safety endangerment is alleviated. Any such suspension shall be reported by the President to the Village Clerk-Treasurer who shall place the item on the agenda of the next regularly scheduled Village Board meeting for the Board to be apprised of the situation.

C. Suspension for ordinance violation. The Village President, upon reasonable evidence furnished to him or her, may issue a written order revoking any permit issued hereunder for the repeated or continued violation of any Village ordinance. The order shall give the permit holder a minimum of 14 days to remedy the violation(s) or to request a public hearing before the Village Board. If the permit holder timely requests such a public hearing, the suspension shall be stayed until after the public hearing and a subsequent decision on the suspension is made by the Village Board. If the permit holder does not timely remedy the violations or request such a public hearing, the temporary suspension shall become permanent.

D. Revocation or nonrenewal. The Village Board, upon reasonable evidence furnished to it, may revoke or non-renew any permit issued hereunder for the repeated or continued violation of any Village ordinance. Prior to any revocation or nonrenewal, the Village Clerk-Treasurer shall cause written notice of such pending revocation or nonrenewal to be personally served on the permit holder or any employee of said permit holder who is on the premises of the business. The permit holder shall have 14 days to remedy the violation(s) or to request a public hearing before the Village Board. If the permit holder timely requests such a public hearing, the suspension shall be stayed until after the public hearing and a subsequent decision on the suspension is made by the Village Board. If the permit holder does not timely remedy the violations or request such a public hearing, the temporary suspension shall become permanent.

E. Appeal.

(1) Any person aggrieved by a suspension under Subsection A or B may appeal that suspension to the Circuit Court of St. Croix County within 30 days.

(2) Any person aggrieved by a suspension, revocation or nonrenewal under Subsection C or D by the Village Board who has timely requested a public hearing pursuant to Subsection C or D may appeal that suspension, revocation or nonrenewal to the Circuit Court of St. Croix County within 30 days.

F. Continued violations. In this chapter, a continued violation is one that lasts seven consecutive days or occurs daily for seven consecutive days; a repeated violation is one that is repeated more than five times within a fourteen-day period.