[HISTORY: Adopted by the Town Board of the Town of Genesee 5-8-2006 by Ord. No. 06-8. Amendments noted where applicable.]
[Amended 9-29-2008 by Ord. No. 08-1]
Incorporation of state law. Section 167.10, Wis. Stats., excluding the penalties described in § 167.10(9), is incorporated herein by reference, including such amendments as may be made thereto from time to time in the future. The terms and requirements of this chapter are intended to be, and shall be interpreted to be, more restrictive than the otherwise applicable requirements of § 167.10, Wis. Stats., as allowed by § 167.10(5)(b), Wis. Stats.
Definition of "fireworks." Pursuant to § 167.10(5)(a)(1), Wis. Stats., as used in this chapter, the term "fireworks" shall include all items included in § 167.10(1)(intro.), (e), (f), (i), (j), (k), (L), (m) and (n), Wis. Stats.
Fireworks sales permitted. Only the following types of fireworks may be sold in the Town of Genesee pursuant to a fireworks sale license issued under § 334-2 of this chapter:
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 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 grain 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;
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; and
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.
No fireworks shall be sold or possessed for sale in the Town of Genesee except by persons holding a fireworks sale license issued hereunder.
Applicants for a fireworks sale license shall apply for each site in writing on forms provided by the Town Clerk. A nonrefundable license application fee for each site shall accompany each application, in an amount which shall be determined from time to time by separate Town Board resolution.
The application for license shall include, without limitation, the following information:
Name, address, and telephone number of the applicant.
Itemization of the specific fireworks the applicant intends to sell.
Address(es) at which the applicant intends to sell the enumerated fireworks.
Name(s), address(es), and consent(s) of the owner(s) of the real estate upon which the enumerated fireworks will be sold.
The Town Board shall consider the applications for licenses hereunder and shall approve or deny each application. The Town Clerk shall issue a license upon approval of the Town Board.
Licenses issued hereunder shall be for a term of one year from May 1 through the following April 30. Application for annual licenses shall be filed not later than April 1 each year.
The Town Board may condition the issuance of any licenses hereunder as it deems appropriate to protect the public interest and safety.
The Town Board shall have the right to suspend or revoke any licenses hereunder as it deems necessary to protect the public interest and safety after notifying the licensee and providing the licensee an opportunity to be heard.
Licenses issued hereunder shall not be transferred or assigned without the consent of the Town Board, and no licensee may use a site other than the site licensed.
In considering applications for licenses hereunder, without limitation by reason of enumeration, the following shall be deemed to be sufficient cause for denial of the license:
The applicant previously held a license issued hereunder or operated in the Town in the 2006 calendar year and violated the terms of the license or violated the terms of this chapter or other applicable laws.
The property where the sale operation would be conducted was previously the location of a licensed fireworks sale operation and the prior operation was conducted in violation of the requirements of the license or the requirements of this chapter or other applicable laws.
The applicant is:
Delinquent in the payment of any real property taxes, assessments, special assessments, sanitary sewer assessments, personal property taxes, special charges, professional fee reimbursements, or other claim(s) owed to the Town of Genesee.
Delinquent in the payment of a forfeiture resulting from the violation of any ordinance of the Town of Genesee.
The premises or property where the fireworks sale license operation would be located has delinquent and unpaid real property taxes, assessments, special assessments, sanitary sewer assessments, personal property taxes, special charges, professional fee reimbursements or other claims of the Town of Genesee.
Use of fireworks restricted.
[Amended 9-29-2008 by Ord. No. 08-1]
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 § 167.10(3)(c)(1) to (5), Wis. Stats., if such display is open to the general public.
No person shall sell fireworks in the Town of Genesee to any person who does not provide proof of holding a use permit issued pursuant to § 167.10(3), Wis. Stats.
As provided in § 167.10(3), Wis. Stats., the Town Chairman or designee may issue fireworks use permits in compliance with the requirements of this chapter.
The Town Chairman or designee shall require a certificate of liability insurance or similar proof of insurance coverage in an amount the Town Chairman deems necessary. A copy of the permit and proof of insurance shall be filed with the Town Clerk.
A use permit may be cancelled by the Town Chairman, or by the Fire Chief if the Town Chairman is unavailable, if weather or other situations make it unsafe for the use to be conducted.
Pursuant to § 167.10(3)(c), Wis. Stats., use permits shall only be issued to the officers or directors of a public authority, a fair association, an amusement park, a park board, a civic organization, an individual or group of individuals, or to an agricultural producer for the protection of crops from predatory birds or animals.
[Amended 9-29-2008 by Ord. No. 08-1]
The use permit requirements of this chapter, and the fireworks sale license prohibition on selling only to holders of use permits, are subject to the following exceptions:
A use permit is not required for possession of fireworks in the Town of Genesee while the fireworks are being transported through the Town of Genesee to a city, town or village or county where the possession of the fireworks has been authorized by permit or ordinance. This exception is intended to exclude only those uses that are described in § 167.10(5)(e), Wis. Stats.
A use permit is not required in order to possess or use explosives in accordance with rules or general orders of the Department of Safety and Professional Services. This exception is intended to exclude only those uses described in § 167.10(3)(b)2, Wis. Stats.
A use permit is not required for the disposal of hazardous substances in accordance with rules adopted by the Department of Natural Resources. This exception is intended to exclude only those uses described in § 167.10(3)(b)3, Wis. Stats.
A use permit is not required for the possession or use of explosive or combustible materials in any manufacturing process. This exception is intended to exclude only those uses described in § 167.10(3)(b)4, Wis. Stats.
A use permit is not required for the possession or use of explosives or combustible materials in connection with classes conducted by educational institutions. This exception is intended to exclude only those uses described in § 167.10(3)(b)5, Wis. Stats.
A use permit is not required for 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. This exception is intended to only exclude those uses described in § 167.10(3)(b)6, Wis. Stats.
Parties requesting a use permit and/or a fireworks sale license have the ultimate responsibility for their own safety and for the safety of all persons who may be affected by their activity. The issuance of a use permit or a fireworks sale license shall not be interpreted as endorsing or condoning the activity or as ensuring that the activity will be safe. An applicant for a use permit and/or a fireworks sale license individually and on behalf of any entity for which the applicant submits the application, and also on behalf of the property owner where the activity will be conducted, accepts all risks and agrees to indemnify, defend and hold harmless the Town of Genesee, its officers and agents from any and all claims arising out of the use, sale or possession of the fireworks.