(A) Definition. In this section, FIREWORKS means 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:
(1) Fuel or a lubricant.
(2) A firearm cartridge or shotgun shell.
(3) 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.
(4) A match, cigarette lighter, stove, furnace, candle, lantern or space heater.
(5) A cap containing not more than one-quarter grain of explosive mixture, if the cap is used or possessed or sold for use in a device which prevents direct bodily contract with a cap when it is in place for explosion.
(6) A toy snake which contains no mercury.
(7) A model rocket engine.
(8) Tobacco and a tobacco products.
(9) 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.
(10) A device designed to spray out paper confetti or streamers and which contains less than one-quarter grain of explosive mixture.
(11) A fuseless device that is designed to produce audible or visible effects or audible and visible effects, and that contains less than one-quarter grain of explosive
(12) 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.
(13) 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.
(14) 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.
(B) Sale. No person may sell any fireworks, as that term is defined in division (A) above, within the village limits without an appropriate permit.
(C) Possession or use.
(1) No person may possess or use fireworks without a user's permit from the Village President, who shall first consult with the Village Board prior to issuance of a permit. No person may use fireworks or a device listed under divisions (A)(5) or (A)(6) or (A)(8) to (A)(13) while attending a fireworks display for which a permit has been issued to a person listed under division (C)(3)(a) to (e) or under division (C)(3)(f) if the display is open to the general public.
(2) (a) Division (C)(1) above does not apply to:
1. The village, but municipal 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 Department of Commerce.
3. The disposal of hazardous substances in accordance with rules adopted by the 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 USC 841 to 848 if the possession of the fireworks is authorized under the license or permit.
7. Except as provided in division (2)(b) below, the possession of fireworks in any village or town while transporting the fireworks to a village or town where the possession of the fireworks is authorized by permit or ordinance.
(b) Division (C)(1) applies to a person transporting fireworks under division (C)(2)(a)7. if, in the course of transporting the fireworks through the village, the person remains in the village for a period of at least 12 hours.
(3) A permit under this division (C) 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 individuals.
(g) An agricultural producer for the protection of crops from predatory birds or animals.
(4) A person issued a permit for crop protection shall erect appropriate warning signs disclosing the use of fireworks for crop protection.
(5) The Village President may require an indemnity bond with good and sufficient sureties or policy of liability insurance with policy limits as recommended by the village’s liability insurer 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, if required, 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, if required, together with a copy of the permit shall be filed in the office of the Village Clerk.
(6) A permit under this division (C) shall specify all of the following:
(a) The name and address of the permit holder.
(b) The date on and after which fireworks may be purchased.
(c) The kind and quantity of fireworks which may be purchased.
(d) The date and location of permitted use.
(e) Other special conditions prescribed by ordinance.
(7) A copy of a permit under this division (C) shall be given to village fire and law enforcement officials at least two days before the date of authorized use.
(8) A permit under this division (C) may not be issued to a minor.
(D) Enforcement.
(1) The village may petition the Circuit Court for Iowa County for an order enjoining violations of divisions (B) or (C).
(2) Fireworks stored, handled, sold, possessed or used by a person who violates this section or a court order under division (D)(1) may be seized and held as evidence of the violation. Except as provided in Wis Stats. § 968.20(4), only the fireworks that are the subject of a violation of this section or a court order under division (D)(1) may be destroyed after conviction for a violation. Except as provided in Wis. Stats. § 968.20(4), fireworks that are seized as evidence of a violation for which no conviction results shall be returned to the owner in the same condition as they were when seized to the extent practicable.
(E) Penalties.
(1) A person who violates division (B) or (C) of this section shall forfeit not more than $1,000.
(2) A parent or legal guardian of a minor who consents to the use of fireworks by the minor shall forfeit not more than $1,000.
(Ord. 2014-5, passed 2-6-14)