[HISTORY: Adopted by the Village Board of
the Village of Johnson Creek at time of adoption of Code (see Ch.
1, General Provisions, Art. II). Amendments noted where applicable.]
As used 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 or 0.25 inch in outside diameter which does not
contain magnesium, chlorate or perchlorate.
A device designed to spray out paper confetti
or streamers and which contains less than 1/4 grain of explosive
mixture.
A device designed to produce an audible sound
but not explode, spark, move or emit an external flame after ignition
and which does not exceed three grams in total weight.
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 not exceeding 75 grams in total
weight, designed to sit on the ground and emit only sparks and smoke.
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 Clerk-Treasurer. No person may use fireworks or a device listed under § 138-1E through G and I through N 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.
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 Commerce.
(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.
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 Clerk-Treasurer issuing a permit
under this section shall require an indemnity bond with a general
aggregate minimum of $1,000,000, personal and advertising injury $1,000,000,
each occurrence $1,000,000, 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 shall be filed
in the office of the Village Clerk-Treasurer.
F.
Required information for permit. A permit under this
section shall specify all of the following:
H.
Copy of permit. A copy of a permit under this section
shall be given to the Fire Chief and Police Chief at least two days
before the date of authorized use.
I.
Minors prohibited. A permit under this section may
not be issued to a minor.
J.
Suspension of permit. The Fire Chief, Police Chief or their designee
may temporarily suspend and confiscate any permit issued under this
chapter in the event the Fire Chief, Police Chief or their designee
determines that there is probable cause to believe that the permit
holder has violated any requirement of this chapter as it relates
to the possession, sale or use of fireworks.
[Added 6-25-2018 by Ord.
No. 3-18]
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.
[Amended 6-25-2018 by Ord. No. 3-18]
