(a) Regulation of Fireworks. Except as otherwise allowed by this Chapter, no person may possess, sell or use fireworks in the Village of Edgar. This Chapter shall constitute a local regulation adopted pursuant to Sec. 167.10(5), Wis. Stats.
(b) Definitions. In this Section, "fireworks" means anything manufactured, processed or packaged for exploding, flying, jumping, emitting sparks or combustion. Common regulated fireworks include, but are not limited to:
(1) Firecrackers; M-60 or M-80 explosive devices; sky rockets or mortars; display wheels; torpedoes; bottle rockets; Roman candles; aerial salutes; or any fireworks of like construction or function; or
(2) Any devices commonly sold as fireworks containing nitrates, chlorates, oxalates, sulfides of lead, barium, antimony, mercury, arsenic, nitroglycerine phosphorus, or any of the same.
(c) Exclusions. The general prohibition against fireworks in this Chapter shall not include any of the following (referred to as "Allowable Devices"). These are the only types of devices which may be possessed or used without a fireworks display permit or that may be sold to a person who does not have a permit by a party holding a non-temporary sales permit or a temporary stand permit:
(1) Fuel or a lubricant.
(2) A firearm cartridge, shotgun shell, ammunition, and/or blasting agents utilized or handled as provided by law or ordinance.
(3) The use, possession or sale of blank cartridges for theatrical purposes, for signal purposes at authorized athletic/sporting events, or use by law enforcement or military authorities.
(4) A flare used, possessed or sold for use as a signal in an emergency or in the operation of a railway, aircraft, watercraft or motor vehicle.
(5) A match, cigarette lighter, stove, furnace, candle, lantern or space heater.
(6) Tobacco or a tobacco product.
(7) A cap containing not more than one-quarter (1/4) grain of explosive mixture, if the cap is used, possessed or sold for use in a device which prevents direct bodily contact with a cap when it is in place for explosion.
(8) A toy snake which contains no mercury.
(9) A model rocket engine.
(10) A sparkler on a wire or wood stick not exceeding thirty-six (36) inches in length or 0.25 inches in outside diameter that is designed to produce visible effects and which does not contain chlorate, perchlorate or magnesium.
(11) A device designed to spray out paper confetti or streamers and which contains less than one-quarter (1/4) grain of explosive mixture.
(12) A device designed to produce an audible sound but which does not explode, spark, move, fly or emit an external flame after ignition and which does not exceed three (3) grams in total weight.
(13) A fuseless device that is designed to produce an audible and visible effect(s), and that contains less than one-quarter (1/4) grain of explosive mixture.
(14) A stationary device that is designed primarily to bum pyrotechnic smoke-producing mixtures, at a controlled rate, and that produces an audible or visible effects.
(15) A stationary 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.
(16) A stationary cone fountain that is classified by the federal Department of Transportation as a Division 1.4 explosive as defined in 49 CFR 173.50.
(d) Fireworks Display Permits.
(1) Fireworks Display Permit Required.
a. No person may use, ignite or display fireworks in the Village of Edgar without a fireworks display permit issued under this Subsection.
b. Fireworks display permits are issued, pursuant to state law, by the Village President or from the Fire Chief of the Village of Edgar as designated by the Village President to perform such function. Applications shall be made to the Village Administrator.
c. The Fire Department and law enforcement authorities shall be requested to provide recommendations regarding permit issuance, including possible permit conditions. A site inspection may be required before issuance of a permit.
(2) Fireworks Display Permit Exceptions.
Subparagraph (d)(l) above does not apply to:
a. The possession or use of explosives in accordance with rules or general orders of the Wisconsin Department of Safety and Professional Services (SPS).
b. The disposal of hazardous substances in accordance with rules adopted by the Wisconsin Department of Natural Resources.
c. The possession or lawful use of explosive or combustible materials in any manufacturing process.
d. The possession or use of explosive or combustible materials in connection with
classes conducted by educational institutions.
e. 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.
(3) Who May Obtain Permit.
A permit under this Subsection may be issued only to the following:
a. A public authority.
b. A fair association.
c. An amusement park.
d. A park board.
e. A civic organization.
f. Any individual or group of group of individuals.
g. An agricultural producer for the protection of crops from predatory birds or animals.
(4) Fireworks Display Permit Applications.
a. Applications for fireworks display permits shall be made in writing to the Village Administrator at least fifteen (15) days in advance of the date of the display, unless good cause can be shown for the necessity for a shorter time period. Such application shall provide the following information:
1. Name, address, telephone number (landline and cellphone), and email address of the permit holder.
2. The name of the permit holder organization.
3. Proposed date and location of the display. A permit shall not be issued for multiple locations.
4. Location and address where the fireworks will be stored, and the type of storage building.
5. An adequate description of the kind and quantity of fireworks to be purchased and displayed.
6. A site plan describing the premises.
7. Payment of the fee for a fireworks display permit as prescribed in the Village's fee schedule in Section 1-3-1.
8. Proof of liability insurance shall be filed with the Village at the time of application. Every permittee shall have and maintain adequate liability insurance with minimum limits of $1,000,000.00 bodily injury and property damage, combined single limit coverage. The insurance policy shall name the Village of Edgar, its officers, employees and agents as additional named insureds. Said policy shall indemnify and defend the Village of Edgar, its officers, employees and agents against all claims, liability, damages, losses or expenses, whether caused by or contributed to by any alleged negligence of the Village, its officers, employees, or agents. Said policy shall specify that the Village of Edgar shall receive written notice thirty (30) days prior to any cancellation, non-renewal, or material changes in the policy.
9. Such other information as the Village may require to adequately review the application.
b. The Village may issue fireworks display permits allowing for the use and discharge of fireworks with a permit during the period from to only.
c. After a fireworks display permit has been issued, the sale, possession, use, and distribution of fireworks under such permit shall only be for that lawful purpose and event, and is non-transferable. A fireworks display permit shall not be issued for multiple dates, times and/or locations.
d. A fireworks display permit is only valid in the Village of Edgar.
e. A fireworks display permit may be rescinded after issuance by the Village should weather conditions become unfavorable.
(5) Fireworks Display Permit Application Provisions.
A fireworks display permit issued under this Chapter shall specify the following:
a. The name and address of the permit holder.
b. The date, time and location of permitted fireworks use.
c. The date after which fireworks may be purchased.
d. The kind and quantity of fireworks which may be purchased.
e. Other requirements which the Village may impose as conditions of permit issuance (for example: times and manner of use; distances from spectators or buildings, etc.).
(6) Copy of Permit.
A copy of a fireworks display permit under this Subsection shall be given by the Village to fire and law enforcement officials at least two (2) days before the date of authorized use, per Sec. 167.10(3)(g), Wis. Stats. [Note: This requirement does not apply to small consumer fireworks which require a permit, such as those classified as Division 1.4 explosives under CFR 173.50, or those fireworks listed under Subsection (c) above. Display fireworks are those classified as Division 1.3 explosives under CFR 173.50).
(7) Minors Prohibited.
A fireworks display permit under this Subsection shall not be issued to a minor.
(8) Fireworks Display Permit Use Restrictions.
a. Every such display shall be handled and supervised by a competent adult operator.
b. The permitee group may authorize an individual to make purchases on its behalf. The authorized buyer for a permittee organization may only purchase the types and quantities of fireworks specified in the organization's permit. A permittee organization may not issue a blanket authorization to all of its members to purchase on behalf of the group. A person purchasing fireworks on behalf of the permittee organization shall possess a copy of the group's permit and the written authorization of the organization.
c. The fireworks display permit shall specify the date on and after which fireworks can be purchased.
d. The fireworks to be displayed shall be of such composition, size, character, and so located, discharged or fired as to not be hazardous to property or unduly endanger any persons, as in the opinion of the Fire Chief and law enforcement authorities.
e. Fireworks used may only be discharged and displayed if such use is a minimum of twenty-five (25) feet away from any structure.
f. Use of fireworks under a display permit or devices exempt from permit requirements under Subsection (c) above are prohibited after 12:00 midnight.
g. A person issued a fireworks display permit for crop protection shall erect appropriate warning signs disclosing the use of fireworks for crop protection.
h. Any fireworks which remain unfired after the display shall be immediately disposed of in a safe manner in accordance with any applicable regulations of the State of Wisconsin. The permittee shall be responsible for inspecting the display site after the fireworks display for any undischarged fireworks.
(9) Limits on Use of All Classes of Fireworks at Public Display Sites.
No unauthorized person may use any type of fireworks described in Subsections (b) and (c) above at a site authorized under a fireworks display permit if the site and display is open to the general public.
(e) Possession of Fireworks - Fireworks Possession Permit.
(1) Limitations on Possession.
No person shall have within their possession, own, hold on consignment, or otherwise be physically and/or legally in control of fireworks without a fireworks possession permit under this Subsection or a fireworks display permit or appropriate sales permit under this Chapter.
(2) Fireworks Possession Permit.
a. An authorized seller of fireworks may issue a possession permit to a person to possess fireworks within the Village of Edgar for purposes of possessing the fireworks while transporting them through the Village. A fireworks possession permit does not authorize the holder of such permit to use or resell fireworks within the Village of Edgar. The Village designates licensed sellers of fireworks as agents for the Village for the sale of possession permits. The Village Administrator shall approve the form of fireworks possession permits. The holder of a. fireworks seller's permit who issues a fireworks possession permit shall maintain adequate records of the permits issued.
b. Resident fireworks wholesalers or jobbers may sell fireworks to non-residents pursuant to Sec. 167.10(4), Wis. Stats., but a non-resident may not use or possess fireworks within the Village without a proper permit.
c. No wholesaler, jobber or dealer may store or handle fireworks in premises unless the premises are equipped with fire extinguishers approved by the Fire Department.
d. "No Smoking" signs shall be clearly displayed on the premises and the prohibition against smoking on the premises shall be enforced.
e. No wholesaler, jobber or dealer may store fireworks within fifty (50) feet of a dwelling, a public assemblage location, or a place where gasoline or other flammable liquids are stored or sold in quanities of more than one (1) gallon.
(3) Fireworks Possession Permit Fee.
The charge for each fireworks possession permit shall be as prescribed in the Village's schedule of fees in Section 1-3-1.
(f) Limitations on Sale of Fireworks - Generally. No person may sell or possess with intent to sell fireworks except:
(1) To a person holding a permit under Subsections (d) or (e)(2);
(2) To a municipality; or
(3) For a purpose specified under this Chapter.
(g) Fireworks Sales Permit - Non-Temporary Location.
(1) Permit Requirement.
No person may sell or possess with intent to sell fireworks from a non-temporary permanent location without a non-temporary fireworks sales permit from the Village Administrator. A non-temporary fireworks sales permit is required for a permittee, and his/her premises where fireworks sales are conducted from a non-temporary permanent structure for three (3) months or more per calendar year. A non-temporary fireworks sales permit shall not be issued to a minor.
(2) Permit Fee.
The annual fee for a non-temporary fireworks sales permit shall be as prescribed in the Village's schedule of fees. The entire permit fee shall be charged for every non-temporary fireworks sales permit for the whole or fraction of a year, and shall be paid when application is made for such permit.
(3) Application Information.
The applicant shall provide with the application:
a. The address and structure description where the permit will be used;
b. The applicant's name, address, telephone number (landline and cellphone) and email address;
c. A description of the allowable devices to be stored and sold; and
d. The same application information for the owner of the property if not the same as the applicant operating the business enterprise.
(4) Display of Permit.
The permittee shall at all times publicly and continuously display such non-temporary fireworks sales permit at such location. Such permit may only be transferred to a new location upon approval by the Village Board and payment of a transfer fee as prescribed in the Village's schedule of fees in Section 1-3-1.
(5) Permissible Types of Fireworks for Sale.
Holders of non-temporary fireworks sales permits are permitted to sell or offer to sell fireworks devices defined in Subsections (b) and (c) above.
(6) Compliance With Regulations.
All holders of a non-temporary fireworks sales permit shall comply with all local ordinances and federal and state regulations and statutes regarding the sale, transport or storage of flammable or explosive materials.
(h) Fireworks Sales Permit - Temporary Stands.
(1) Permit Requirement.
No person shall sell or offer to sell in the Village of Edgar allowable fireworks devices, as defined in Subsection (c) above, from a temporary sales stand without the issuance of a temporary fireworks sales stand permit from the Village Administrator. A temporary fireworks sales stand permit is required for a permittee and his/her premises where fireworks sales are conducted from a temporary structure, such as a tent, or location for three (3) months or less per calendar year. As a condition of permit application, the Village is authorized to conduct an investigation of the applicant to determine whether the applicant possesses the qualifications necessary for issuance of a permit under this Subsection. The investigating officials shall have five (5) business days from the time of application in which to report to the Village Administrator their findings and recommendations. A temporary fireworks sales stand permit shall not be issued to a minor.
(2) Permit Fee.
The fee for a temporary fireworks sales stand permit shall be as prescribed in the Village's schedule of fees in Section 1-3-1. The entire permit fee shall be charged and the fee shall not be pro-rated for period of less than three (3) months.
(3) Application Information.
The applicant shall provide with the application:
a. The address and stand description where the permit will be used;
b. The applicant's name, address, telephone number (landline and cellphone) and email address;
c. A description of the allowable devices to be stored and sold; and
d. The same application information for the owner of the property if not the same as the applicant operating the temporary sales stand. If the parties are different, written permission from the property owner to engage in such sales shall be filed with the application.
(4) Permissible Temporary Sales Locations.
Sales from temporary stands shall only be permitted from properties zoned commercial or industrial under the Village Zoning Code. Sales are prohibited from properties in other zoning classifications or from public properties or right-of-ways.
(5) Display of Permit.
The permittee shall at all times publicly and continuously display such temporary fireworks sales stand permit at such permitted location. Such temporary fireworks sales stand permit cannot be transferred to another party or location.
(6) Permissible Types of Fireworks for Sale.
All holders of a temporary fireworks sales stand permit are permitted to sell or offer to sell fireworks devices as defined in Subsections (b) and (c) above.
(7) Compliance With Regulations.
All holders of a temporary fireworks sales stand permit shall comply with all local ordinances and federal and state regulations and statutes regarding the sale, transport or storage of flammable or explosive materials.
(8) Additional Requirements.
a. All signs associated with sales activities shall be located only on the premises for which the permit has been issued and shall comply with the Village's sign regulations. Such signs shall not be attached to any traffic control device or utility pole and shall not be located in a public right-of-way or encroach on the vision clearance triangle of any intersection.
b. Each sales tent is required to have a Certificate of Flame Resistance" (most tents rented from commercial renters will meet this requirement). A copy of this Certificate shall be available for inspection. Tents that do not meet such flame resistance requirements cannot be used as a retail fireworks stand.
c. Sales tents/stands shall be located a minimum of fifty (50) feet from any place of public assemblage or place where gasoline or other flammable materials are being sold.
d. Each temporary stand shall be equipped with at least one five (5) pound ABC fire extinguisher. Based on the size of the tent, additional fire extinguishers may be required. Each fire extinguisher shall meet NFPA 10 service standards, shall be located in a visible location, and shall have an attached certified inspection tag.
e. A "No Smoking" sign shall be posted inside the tent and another such sign on the outside of the tent at the main entrance. Such signs shall be easily visible. The smoking prohibition shall be strictly enforced by all employees.
f. Each tent is required to provide at least one main aisle of five (5) feet unobstructed width maintained at all times. Main aisles shall be clearly marked with an "Exit" sign.
g. Fireworks for sale shall be unpacked and displayed on tables.
h. Any electric extension cords located where vehicles may drive over them or customers can walk over them shall be protected to prevent abrasion or breakage from traffic and minimize tripping hazards. Any extension cord shall be a commercial-grade heavy-duty cord approved for outdoor use.
i. If a portable generator is to be used with the stand, the generator shall be located a minimum of twenty (20) feet away from the fireworks stand. A barricade shall be constructed around the generator to prevent the public from coming into contact with the generator. Fuel for gasoline-powered generators shall be stored a minimum of fifty (50) feet away from the tent/stand.
(i) Seizure of Violating Materials. The Fire Inspector or law enforcement authorities may seize, at the expense of the owner of the materials, all fireworks stored, handled, sold, offered for sale, possessed, or used by any person who violates this Chapter.
(j) Fireworks Sales to Non-State Residents. Per Sec. 167.10(2)(bg), Wis. Stats., fireworks vendors may sell fireworks to a person who is not a Wisconsin resident, but the nonresident person may not possess or use fireworks without a valid Village permit. A nonresident who lawfully purchases fireworks under a Village permit can possess and use those permitted fireworks in the Village pursuant to the terms of the permit or may transport the fireworks out of state.
(k) Parental Liability. A parent or legal guardian of any minor who knowingly permits such minor to have in his/her possession or to discharge fireworks prohibited by this Chapter shall be liable for any damage caused by such possession or discharge of fireworks.
(I) Penalties.
(1) Permit Violations.
A person who possesses or uses fireworks without a valid permit, or who sells fireworks to a person who does not have a valid permit, is subject to a forfeiture pursuant to Section 1-1-6. Such forfeiture may not exceed One Thousand Dollars ($1,000.00) per Sec. 167.10(9)(b), Wis. Stats. Each firework illegally possessed, used, or sold may be a separate violation.
(2) Parents and Legal Guardians.
A parent or legal guardian who allows a minor to possess or use fireworks, excluding allowable devices under Subsection (c) above, is subject to a forfeiture pursuant to Section 1-1-6. Such forfeiture may not exceed One Thousand Dollars ($1,000.00) per Sec. 167.10(9)(c), Wis. Stats.
(3) Injunctive Relief.
The Village of Edgar may obtain an injunction prohibiting a person from violating offenses under Sec. 167.10(8)(a), Wis. Stats.
State Law Reference:
Sec. 167.10, Wis. Stats.