[HISTORY: Adopted by the Village Board of the Village of
Brandon 12-14-1998 as Title 7, Ch. 6, of the 1998 Code. Amendments noted where applicable.]
In this chapter, "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 Village President or from an official or employee of the Village as designated 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.[1]
B.
Permit exceptions. Subsection A above does not apply to:
(1)
The Village, except that Village fire 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.
(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 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.[2]
C.
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 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 officer of the Village.
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
to the Fire Chief 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 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 500 feet of a dwelling.
E.
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.
