[HISTORY: Adopted by the Village Board of the Village of
Fredonia as Title 7, Ch. 7, and Sec. 11-2-4 of the 1995 Code. Amendments
noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In this chapter "fireworks" shall be defined as provided in
§ 167.10, 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) 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 Subsection C(1) through (5) or under Subsection C(6) if the display is open to the general public.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Permit exceptions. Subsection A above does not apply to:
(1)
The Village, except that Village fire and law enforcement 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 or 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.
Application. A permit under this section may be issued only to the
following:
(1)
A public authority.
(2)
A fair association.
(3)
An amusement park.
(4)
A park board.
(5)
A civic organization.
(6)
Any individual or group of individuals.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
(7)
An agricultural producer for the protection of crops from predatory
birds or animals.
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 office 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 and Village Marshal 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.
Storage. No person may store fireworks within 50 feet of a public
assemblage or place where gasoline or volatile liquid is dispensed
in quantities exceeding one gallon.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
No person shall sell, expose or offer for sale, use, keep, possess,
discharge or explode any fireworks except toy pistol paper caps, sparklers
and toy snakes within the limits of the Village unless he shall be
authorized by a fireworks permit as provided in this chapter. The
term "fireworks" as used in this section shall be defined as provided
in § 167.10(1), Wis. Stats., and shall be deemed to include
all fireworks, rockets or similar missiles containing explosive fuel.