[HISTORY: Adopted by the Common Council of the City of Brodhead
as Title 7, Ch. 6, of the 1997 Code. Amendments noted where applicable.]
In this chapter, the following terms shall have the meanings
indicated:
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.[1]
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.[2]
A device that emits smoke with no external flame and does not
leave the ground.
A cylindrical fountain not exceeding 100 grams in total weight
with an inside tube diameter not exceeding 0.75 inch, designed to
sit on the ground and emit only sparks and smoke.
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.[3]
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 Mayor or from an official or employee of the City as designated by the Common Council. No person may use fireworks or a device listed in Subsections E through G and I through N of the definition of "fireworks" in § 256-1 while attending a fireworks display for which a permit has been issued to a person listed under Subsection C(1) through (5) or Subsection C(6) if the display is open to the general public.
B.
Permit exceptions. Subsection A above does not apply to:
(1)
The City, except that City fire and law enforcement officials shall
be notified of the proposed use of fireworks at least two days in
advance.
(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.
C.
Who may obtain permit. A permit under this section may be issued
only to the following:
D.
Bond. The Mayor 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 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 Clerk-Treasurer.
E.
Required information for permit. A permit under this section shall
specify all of the following:
F.
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.
G.
Juveniles prohibited. A permit under this section may not be issued
to a juvenile.
A.
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.
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.
A parent or legal guardian of a juvenile who consents to the
use of fireworks by the juvenile is liable for damages caused by the
juvenile's use of the fireworks.
No person shall sell or give away within the City of Brodhead any fireworks except those permitted in § 256-1.
