[HISTORY: Adopted by the Village Board of the Village of Denmark at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
The definitions and regulations set forth at § 167.10, Wis. Stats., are incorporated herein.
No person, firm, partnership, or corporation shall offer for sale, expose for sale, sell at retail, keep with the intent to sell at retail or use or explode any fireworks [as defined in § 167.10(1), Wis. Stats.] with the following exceptions:
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.
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.
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.
Notwithstanding the foregoing, the Village may grant special use permits ("use permits") for supervised displays of fireworks by fair associations, amusement parks, and other organizations or groups of individuals through the application process as set forth at § 151-3 below.
Nothing in this section shall be construed to prohibit the use of fireworks by railroads or their transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or the use of fireworks for agricultural purposes under conditions approved by the Fire Department.
The Fire Chief and/or designee in conjunction with the Police Department officers shall seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this section.
The Village Board shall consider all applications for use permits as described hereunder and shall approve or deny each application for a use permit.
Application for a use permit shall be made in writing 10 days in advance of the date of display on forms provided by the Clerk. A permit fee, as set from time to time by resolution of the Board, shall be charged for each application.
Such application shall require the following:
The name and address of the organization sponsoring the display together with the names of the group actually in charge of firing the display. For purposes of this section, a group is considered three or more persons all over the age of 18, all of whom own one or more residences within the Village. Permits for an individual or a group of two persons shall not be granted. Organizations are defined as entities which are incorporated or registered as an LLP or LLC within the United States of America.
Evidence of financial responsibility (if required).
The date fireworks may be purchased after.
The date and time of day at which the display is to be held.
The exact location planned for the display.
The number and kinds of fireworks to be discharged.
The manner and place of storage of such fireworks prior to the display.
Upon receipt of the application, the Fire Chief may inspect the site of the proposed display for the purpose of determining whether the provisions of these regulations are complied with in the case of the particular display.
All fireworks that fire a projectile shall be set up so that the projectile will go into the air as nearly as possible in a vertical direction, provided that where the fireworks are to be fired beside a lake or other large body of water, they may be directed in such a manner that the falling residue from the deflagration will fall into the body of water.
No fireworks display shall be held during any windstorm in which the wind reaches a velocity of more than 20 miles per hour.
All fireworks articles and items at places of display shall be stored in a manner and in a place secure from fire, accidental discharge, and theft and in a manner approved by the Fire Department.
The Fire Chief or his designee and/or Police Department officers shall have the right to revoke permits and/or stop activity for any violation of these regulations or where the holder's conduct or condition of sobriety is such as to imperil the public safety.
Fire protection and extinguishing equipment shall be provided as required by the Fire Chief of the Fire Department.
A nonrefundable permit application fee as set from time to time by resolution of the Board for each site shall accompany each application.
Discharging or firing of the fireworks in the supervised display shall not be hazardous to property or endanger any person or persons. After the permit shall have been granted by the Village, sales, possession, use and distribution of fireworks for the display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
Class B use permits. Notwithstanding any other provision herein to the contrary, when issuing a use permit for Class B fireworks as hereinafter defined, the following additional requirements must be met. For purposes of this subsection, Class B use permits are necessary for the use of fireworks defined as "Class B" 1.3 grams within the Code of Federal Regulations and/or for use of fireworks in professional displays as defined by the Code of Federal Regulations or otherwise.
Applications for Class B permits shall require the following additional information: a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and other lines of communication, the lines behind which the audience will be restrained, and the location of all nearby trees, telegraph or telephone lines or other overhead obstruction.
A representative demonstration of the pyrotechnic shall be provided if requested by the Fire Department.
All displays shall comply with the National Fire Protection Association standard(s).
The Fire Chief shall confer with the Police Department about the application and whether issuance of a permit would be consistent with public safety. Being satisfied that the display is properly lawful, the Fire Chief and Police Department shall together endorse the application stating that they approve the display as being in conformance with all parts of the law and with these regulations. Failure to approve the application by either the Police Department or the Fire Chief shall be sufficient cause to deny the application.
The person, firm, or corporation making the application shall file a signature bond which shall be personally guaranteed by the permittee, its agents or principals, which said signature bond shall hold the Village harmless from any and all damages to property or personal injuries arising out of any act or omission on the part of the permittee or any agent or employee thereof. In lieu of said signature bond, a permittee may file a certificate of liability insurance in the amount of not less than $300,000 per accident and $500,000 per occurrence to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of the permittee or any agent or employee thereof.
Following endorsement by the Fire Chief and the Police Department the application shall be sent to the President who shall then, upon receipt of the financial responsibility as required in Subsection O above, issue a nontransferable permit authorizing the display. In no case shall such a display be within 500 feet of a school, theater, church, hospital, or similar institution.
For all displays of fireworks all spectators shall be restrained behind lines or barriers as designated by local authorities but in no case less than 200 feet from the point at which the fireworks are to be discharged. Only authorized persons and those in actual charge of the display shall be allowed inside these lines or barriers during the unloading, preparation, or firing of fireworks.
No permit shall be issued under the provisions of this chapter to a nonresident person, firm, or corporation for conduct of a pyrotechnic display in this Village until the person, firm, or corporation shall have appointed in writing a member of the bar of this state and residing therein to be the attorney for permittee upon whom all process in any action or proceeding against him may be served.
Seller's permits shall be required for any person(s) selling or retailing any/all fireworks not exempt by § 151-2A. No seller's permit shall be issued to minors.
Applicants for a seller's permit shall make an application for each site in writing on forms provided by the Clerk. A permittee may possess and sell the enumerated fireworks at more than one site within the Village. A nonrefundable permit application fee as set from time to time by resolution of the Board for each site shall accompany each application.
The application for permit shall include, without limitation, the following information:
Name, address, and telephone number of the applicant.
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.
Itemization of which enumerated fireworks the applicant intends to sell.
A statement that the applicant shall not employ minors to sell or handle fireworks except under the immediate on-site supervision of an adult age 18 or older.
The Village Board shall consider the application for permit hereunder and shall approve or deny each application. The Clerk shall issue the permit upon the approval of the Village Board. Once approved, the Fire Department shall receive a listing of all permits and may inspect for occupancy and Village ordinance compliance.
Permits issued hereunder shall be for a term of one year, from May 1 through the following April 30. Application for annual permits shall be filed not later than April 1 each year.
The Village may condition the issuance of permits hereunder as it sees fit to protect the public interest and safety.
The Village shall have the right to suspend or revoke any permits in accordance with Subsection I of this section.
Permits issued hereunder may not be transferred or assigned without the consent of the Village, and no permittee may use a site other than the site permitted pursuant to the application of the permittee.
The Fire Chief, Police Department, or their designee may temporarily suspend and confiscate permits if violations occur and order the site closed pending corrective action or appeal to the Board.
Storage and handling of fireworks shall be pursuant to the provisions of § 167.10(6), Wis. Stats., and municipal ordinance of the Village of Denmark.
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., or under § 167.10(3)(c)6, Wis. Stats., if the display is open to the general public.
Any person who violates any provision of this chapter shall be subject to a forfeiture of not less than $50 nor more than $1,000. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this chapter shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provision of this chapter.