City of Muskego, WI Chapter 182 Explosives

[HISTORY: Adopted by the Common Council of the City of Muskego 12-23-1964 by Ord. No. 1 as §§ 12.14 and 12.15 of the 1964 Code. Amendments noted where applicable.]

§ 182-1 Permit required.

No person shall keep, store or allow to be kept or stored, in any building owned or occupied by him within the City of Muskego, any bulk gunpowder, dynamite or other explosive material or device, nor shall such material be used for any purpose within the City, without first having obtained a permit therefor, except as provided herein.

§ 182-2 Applications. [1]

Applications shall first be submitted to the office of the Director of Finance and Administration on forms provided by the City and the applicant shall furnish the following information:

A. Name, address and occupation.

B. Location of building on premises where material is to be used or stored.

C. Estimated duration of storage.

D. Description of explosive material or device.

E. Purpose or use for which intended.

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

§ 182-3 Review of application; issuance of permit; fee.

[Amended 3-17-1988 by Ord. No. 598[1]]

Upon review by the Chief of Police and payment of the required fee, the Director of Finance and Administration or designee shall issue a permit. The Chief of Police shall have seven days to review the application. Upon issuance of a permit, the Director of Finance and Administration shall forward a copy to the Police Department and Fire Department. The fee shall be established by resolution of the Common Council.[2]

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

[2] Editor's Note: Original § 12.15(4), Bond, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 182-4 Adoption of state rules. [1]

The rules of the State Department of Safety and Professional Services with respect to the storage and handling of explosives and explosive devices as contained in the Ch. SPS 307, Wis. Adm. Code, are incorporated herein by reference and made a part hereof as if fully set forth herein.

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

§ 182-5 Conflicting provisions.

In the event of a conflict between the provisions of this chapter and the provisions of the Wisconsin Administrative Code, the stricter shall prevail.

§ 182-6 Exemptions.

The provisions of this chapter shall not apply in the following circumstances:

A. To the storage of flammable liquids or the use of fireworks as otherwise regulated in the Municipal Code.[1]

[1] Editor's Note: See Ch. 191, Fires and Fire Prevention.

B. To the use of blank cartridges for signal purposes in athletic contests or other sports or recreational events.

C. To the storage or use of explosives or explosive devices by militia, police or military organizations.

D. To the use or sale of flares or torpedoes for highway signal purposes.

E. To the storage of powders or explosive component parts when the same shall be used for the purpose of reloading shells for the personal use of the owner thereof for hunting or target shooting.

§ 182-7 Revocation of permit; review of permit denial. [1]

Any permit issued hereunder may be revoked by the Council for violation of this chapter. Any person to whom a permit is denied pursuant to this chapter or any permit holder whose permit has been suspended or revoked hereunder may seek remedy through procedures as provided in Chapter 6, Administrative Review, of this Code.

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

§ 182-8 Violations and penalties.

Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.