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A. Definitions.
"Public dance" as used in this section shall mean and include any dance or ball to which the public generally may gain admission with or without the payment of a fee, whether such dance or ball constitutes all or part of the program or entertainment.
"Public dance hall" as used in this section shall mean and include any room, place or space in which a public dance may be held, or any ball room or academy in which classes in dancing are held or instruction in dancing given for hire.
B. Dance Hall License Required.
1. It shall be unlawful to hold any public dance or classes in dancing or to give instruction in dancing for hire in any public dance hall within the limits of the Village of Rochester until the public dance hall in which the same may be given or held shall first have been duly licensed for such purposes. It shall also be unlawful for any person to permit any room or building owned or controlled by him, to be used for the purpose of a public dance hall unless the same shall be licensed as herein provided. Satisfactory performance under a probationary license is required prior to application for and approval of a regular license.
2. A Dance Hall License is required for the premises in which any public dance is held whether or not a charge is made for admission, whether or not admission is by means of a ticket or token, whether or not a dance is advertised; and whether or not dancing is incidental to another business conducted in the premises, where live and/or mechanical music is furnished as music for such dancing.
C. Application.
1. Any person desiring to obtain a license required under this section shall file a written application with the Village Clerk. The application shall contain the name, residence and age of the applicant if an individual, the names, residences and ages of the partners if a partnership, and the names of the principal officers, their residences and ages, if the applicant is an association or corporation. It shall also contain the name or names and addresses of one or more persons whom a partnership, corporation or association designates as the agent for purposes of accepting responsibility for conformance with the terms of the license. The application shall further state the following:
a. Length of time the applicant and agent have resided in the Village of Rochester, their places of previous employment, whether any applicant or agent has been convicted of violating any law or ordinance regulating the conduct of public dance halls or public dances and, if so, when and in what court.
b. The premises where the public dance or public dance hall is to be conducted or located, giving the street and number of all entrances, the location of the room or rooms to be occupied and the total amount of floor space to be used for dancing purposes.
c. Whether the applicant and/or agent have, either alone or with someone else, previously engaged as owner or employee in conducting a public dance or public dance hall, when, and where and for how long.
d. The name and address of the person owning the premises for which a license is sought.
e. Whether a hotel, rooming house or lodging house is connected to any part of the premises for which a license is sought.
f. Such other information as the Village Board may deem necessary.
2. The Village Board shall investigate or cause an investigation to be made to determine whether the public dance or public dance hall sought to be licensed complies with the regulations, ordinances and laws applicable thereto, and to determine whether the applicant qualifies for the license and whether the agent named therein qualifies for the such a position.
D. Village Board Determination.
1. No license or permit shall be issued unless and until it shall be found that all of the persons named in the application as applicants and agent have not been convicted, within the previous five years, of a violation of a felony, misdemeanor or ordinance directly related to the person’s fitness to engage in the operation of a dance hall (Wis. Stat. ss. 111.31-111.395, Wisconsin’s Fair Employment Law, shall apply), that the proposed public dance hall complies with and conforms to all ordinances, health and fire regulations applicable thereto, and that it is a safe and proper place for the purposes for which it shall be used. The applicant for a license or permit shall show by affidavit or otherwise that the applicant and the agent are capable of maintaining good order at all public dances. No license shall be granted unless these requirements are proven to the satisfaction of the Village Board. No license shall be granted any dance hall unless adequate modern toilet facilities are provided with the building and an adequate supply of drinking water is available. The room shall be properly lighted and ventilated and all parts of the premises shall be safe and sanitary.
2. A license or permit shall be refused by the Village Board to any applicant or agent who has been convicted within five years of the date of application of a second offense against any of the provisions of this section or an ordinance of similar purpose in this or any other community, or who has been convicted within five years of a felony or misdemeanor directly related to the person’s fitness to operate a dance hall. Wis. Stat. ss. 111.31-111.395, Wisconsin’s Fair Employment Law, shall apply.
3. No license shall be issued for any dance hall located within such distance of a building used wholly or partly for residence purposes as will cause improper disturbance to the residents thereof.
4. No license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare, including but not limited to unreasonable noise, crowd disturbances and parking problems.
5. No applicant to whom a license has been refused may make further application until a period of at least six months has elapsed since the last previous rejection, unless the applicant can show that the reason for the denial no longer exists.
6. No license shall be granted to a person under 21 years of age.
7. No license shall be granted or renewed without an inspection or re-inspection of the premises.
E. Issuance.
1. Probationary License.
a. In the event that the Village Board determines to issue a license, the first license issued shall be probationary, shall be effective for a period of six months, and shall be subject to revocation as provided in this section.
b. A probationary license shall include a written agreement of the applicant to comply with terms and conditions set forth by the Village Board. Conditions may only be imposed where findings of fact based upon evidence presented have been made and which address the safety, health and welfare of the general population, including, but not limited to, the potential for noise, crowd disturbances and parking problems.
c. The Village Clerk shall be responsible for drafting and issuing all probationary licenses. All such licenses shall specify the name of the holder of the license and the dates for which it is applicable as well as any conditions that may be imposed by the Village Board. All such licenses shall be posted at the licensed premises in plain view.
2. Regular License.
a. First Regular License.
(1) After an applicant has held a probationary license for period of six months, and upon proper application, the applicant shall be eligible for a regular license. Application for the first regular license following a probationary license shall be made no more than 60 days, and no less than 30 days, prior to the expiration of the probationary license.
(2) When an application for the first regular license is received, the Village Clerk shall refer the application to the Village law enforcement officer to report on whether any complaints have been received concerning the license during the term of the license. The Clerk shall include the information received from law enforcement in the application presented to the Village Board.
(3) The Village Board may approve, approve with conditions, or deny the application for the first regular license. If the application is denied, the Board shall specify the findings in support of the denial in writing.
b. Renewals of Regular Licenses.
(1) Applications for renewals of regular licenses shall be made no later than May 15th of each year.
(2) When an application for renewal of a regular license is received, the Village Clerk shall refer the application to the Village law enforcement officer to report on whether any complaints have been received concerning the license during the term of the license. The Clerk shall include the information received from law enforcement in the application presented to the Village Board.
(3) The Village Board may approve, approve subject to conditions, or deny the application for the renewal license. If the license is denied, the Board shall specify the reasons therefor and shall follow the procedures for notice and hearing in such case as set forth in Wis. Stat. s. 227.51.
3. Upon Village Board approval of a license and the payment to the Village of the license fee hereinafter provided, the Village Clerk is authorized to issue to the applicant a license as set forth in this section. All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the public dance hall, the dates of issuance and expiration of the license, the fee paid and the name of the licensee.
F. Special Exemption Permit. Notwithstanding the requirement for a Dance Hall License pursuant to this section, upon request and application of any party not licensed hereunder, the Village Board may issue a Special Exemption Permit allowing the applicant to afford his patrons and guests the music of one or more musicians and/or music with dancing privileges which would otherwise require the issuance of a license. The Special Exemption Permit shall be valid only within a specified 24-hour period. Any request for such a permit shall be in writing, shall specify the reason for the requested exemption, shall be filed with the Village Clerk at least 30 days prior to the date for which the permit is needed, and shall be accompanied by an application fee set forth by the Village Fee Schedule. No party may be granted more than two such permits within any calendar year.
G. Fees. The fees for Dance Hall Licenses and Special Exemption Permits required by this section shall be in an amount determined by the Village Board and set forth in the Fee Schedule, and a license shall not be delivered by the Clerk until the applicant pays the license fee to the Treasurer.
H. Transfer of License. No license or permit shall be transferred as to location of license or name of licensee. In the event that a new agent is to be named, the applicant shall apply for an amendment of the license to reflect the new agent’s name. The license shall be amended to reflect the new agent, who must be approved by the Village Board.
I. License to be Posted; Replacement License.
1. Posting. Every person licensed in accordance with the provisions of this section shall immediately post such license and keep the same posted while in force in a conspicuous place in the premises specified in the application for such license. It shall be unlawful for any person to post such license or to be permitted to post it upon premises other than the licensed premises, or to knowingly deface or destroy any such license.
2. Loss. Whenever a license is lost or destroyed without fault on the part of the licensee or the agent or employee of the licensee, a duplicate license in lieu thereof under the original application may be issued by the Village Board at its discretion.
J. Sanitary and Lighting Requirements. All public dance halls and facilities appurtenant thereto shall be kept at all times in a clean, healthful and sanitary condition, and all stairways and other passages and all rooms connected with a public dance hall shall be kept open and well lighted during the public use. Proper ventilation must be maintained at all times.
K. Power to Close. The Village Board shall have the power to cause the place, hall or room where any public dance is held or given to be vacated whenever any rules or regulation or any provision of any law or ordinance with regard to public dance halls or public dances is being violated or whenever any disorder or conduct of a violent character shall take place.
L. Hours. All public dance halls shall be closed on each day at or before the hour of 2:00 a.m. provided however, that upon the application of the person or organization holding a particular public dance, the Village Board may grant a permit to continue such dance beyond that time where the circumstances justify such permission. Such application shall be made at least five days before the date on which the dance is to be held. No public dance shall be held between the hours of 12:30 a.m. and 8:00 a.m. except as otherwise provided by this subsection. All dancing and music shall cease at 12:30 a.m.
M. Adult Oriented Entertainment Businesses. Any adult oriented entertainment business applying for a Dance Hall License shall be compliant with all provisions of Chapter 35 of this Municipal Code.
N. Supervision. The members of the Village Board shall have access at all times to any public dance halls and public dances, and may investigate all complaints and may supervise such public dance halls and public dances.
O. Regulations. Every licensee, personally and through his agents or employees shall comply with the following regulations:
1. Good order shall be maintained at all times. Without limitation due to enumeration, a lack of "good order" for purposes of this section shall be deemed to include persistent loud noises to the annoyance or detriment of the surrounding property owners and patrons, using profane language or fighting or disorderly conduct as defined in Village ordinances and/or state statutes.
2. The license holder, agent and employees shall comply with all state statutes and regulations and all village ordinances including building code ordinances and zoning ordinances.
3. The licensee, agent and employees shall obey all reasonable orders or directions of any law enforcement officer.
P. Suspension and Revocation of License.
1. The violation of any provision of this section or the failure of the licensee to comply with the conditions set forth in any license pertaining to noise, parking, orderly premises, or any other condition shall be grounds for the Village Board to suspend or revoke the issued license. In the event such license is revoked, the fee paid for such license shall be forfeited and not returned to the holder.
2. Notwithstanding any other grounds for revocation of a license, conviction for the violation of any provision of Wisconsin laws relative to intoxicating liquor and/or fermented malt beverage licenses, local zoning or building or sanitary codes or disorderly conduct ordinances or laws shall be sufficient for the Board to suspend or revoke such license. In the event such license is revoked, the fee paid for such license shall be forfeited and not returned to the holder.
3. Revocation Proceedings. A recorded hearing shall be held for the purpose of revoking a license under this section. This hearing shall be preceded by written notice to the holder of such license at least ten days prior to said hearing. All hearings for revocation shall be heard before the Village Board, and shall afford the holder of such license an opportunity to present evidence on his or her behalf, to cross-examine witnesses sworn under oath by the Village President, and all such other due process rights to which the licensee may be entitled. The Board, prior to revoking any such license, shall make specific findings of fact to support revocation of the license. In lieu of revoking said license, the license may be suspended, and/or conditions may be imposed by the Village Board to address specific nuisances, dangers or hazards.
4. No licensee whose license has been revoked shall be entitled to reapply for a new probationary license unless at least one year has elapsed from the date of such revocation.
A. License Required. No person shall transport passengers in a horse-drawn carriage in the Village of Rochester without first obtaining a Carriage License.
B. Application. Application for a carriage license shall be made in writing to the Village Clerk, stating the full name of the applicant, his or her address and date of birth, the name under which the applicant is doing business and the location of the business. The applicant shall specify the seating capacity of the carriage and identify the proposed hours of operation, and shall include with the application the route upon which he or she intends to operate, the route upon which he or she intends to travel to reach and leave that route, and the location where the horse and carriage will stand while waiting for fares. When applying for a license, the applicant shall consent to a background investigation.
C. Term of License; Fee. Licenses granted hereunder shall expire on June 30 of each year. The fee to be paid upon application for the license shall be determined by the Village Board and set forth in Fee Schedule for each year or any fractional part thereof for each carriage operated by the same licensee.
D. Approval of License.
1. The Village Clerk shall perform a background investigation of the applicant and the business. The application and the results of the investigation shall be presented to the Village Board for its review of the application and its decision as to the grant of the license. If the Village Board approves the license, the Clerk shall issue said license upon the applicant's fulfillment of section E.
2. If the Village Board refuses to approve the license, it shall state the reasons on the record, and no part of the application fee shall be refunded.
E. Insurance.
1. No license shall be issued until the applicant deposits with the Village Clerk a policy of liability insurance covering all carriages, horses and drivers to be included under the license. Said insurance policy shall be issued by an insurance company authorized and licensed to do business in this State. Coverage shall be provided in the minimum amounts of $500,000 for bodily injury or death to any one person, $1,000,000 for injuries or death in any one accident or occurrence caused by the operation of the horse-drawn carriage or by the driver, the horse(s) or the carriage(s) separately or in any combination, and $100,000 for property damage arising out of any accident or occurrence caused by the operation of the horse-drawn carriage or by the driver, the horse(s) or the carriage(s) separately or in any combination.
2. Each insurance policy shall provide that the same shall not be canceled before the expiration of its term except upon 30 days written notice to the Village Clerk of the Village of Rochester. The policy shall be approved by the Village Attorney.
3. The cancellation or other termination of any insurance policy issued in compliance with this section shall automatically revoke and terminate all licenses issued for the carriages covered under said insurance policy unless another policy shall have been filed, approved and effective prior to the time of said cancellation or termination.
F. Revocation. The Village Board may revoke a license issued hereunder for more than three violations of the Rules of Operation listed in section G., for operation of the licensed carriage in a manner which is harmful to the safety, health or welfare of the community, or for any violation of the provisions of s. 9-1 of this Chapter.
G. Rules of Operation.
1. Established Routes. Licensees must adhere to the routes specified in the license application. New or temporary routes must be applied for and approved by the Village Board and filed with the Clerk before a licensee may use the new or temporary route. Any deviation from the established route without said approval shall be a violation of this subsection.
2. Driving Time Limit; Weather Factors. No driver shall be allowed to drive a horse drawn carriage for more than a period of ten hours in any 24-hour day. No carriage shall be operated while the temperature exceeds 80 degrees Fahrenheit.
3. Sanitation Requirements. Licensees shall comply with the following sanitation requirements:
a. All horses shall be equipped with adequate devices to prevent manure from falling upon the streets of the Village. No driver shall allow manure or urine to remain on any street, alley, gutter, sidewalk, lawn, field, or any public or private property, and the driver of the animal shall immediately remove the same by the most effective means possible.
b. All animal waste shall be promptly transported to sites legally empowered to accept such waste for treatment and disposal.
4. Safety Requirements. The seating capacity of the carriage shall be specified in the carriage license. No driver shall permit more passengers than can be seated on the seats of the carriage, except children less than five years of age may be carried by an adult. No driver shall permit any passenger to sit alongside the driver while the driver is engaged in the operation of the horse and carriage.
5. Feeding and Care of the Horses. Licensees shall ensure adequate rest periods, feeding schedules, health and related animal performance and well-being for each horse under the licensee's ownership, care or control. This responsibility shall include carriage load limits, hours of operation and daily hours of animal usage, except that no animal shall be required to work more than ten hours per day. No animal shall be left unattended.
6. Certificate of Soundness Required. For each horse that will be pulling a carriage, licensees shall provide a certificate of soundness issued by a veterinarian licensed in this state, finding such animal to be free of infectious disease, in good health and fit for hack and carriage service under this section. Each horse shall be re-inspected at intervals of no more than six months. No horse shall be used to draw a carriage unless such a certificate of soundness, dated within the preceding six-month period, is on file with the Village Clerk.
H. Penalty. Any person who violates any provision of this Section or who shall transport passengers in a horse-drawn carriage within the Village of Rochester without first obtaining a license as required herein shall, upon conviction thereof, be subject to the penalties set forth in s. 9-50. Each day of continued violation of the provisions of this Section shall be considered a separate offense.
A. State Laws Adopted. The statutory provisions of Wis. Stat. s. 167.10, as may be amended from time to time, regulating the sale and use of fireworks, except in so far as this ordinance is more restrictive as to use, are hereby adopted by reference and made part of this Section as though fully set forth herein. This Section is adopted pursuant to Wis. Stat. s. 167.10(5).
B. Definitions. As used in this section, the following terms shall have the meanings indicated:
1. “Novelty Fireworks” means the following types of fireworks:
- 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 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 ¼ 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.
2. “Novelty Fireworks, Commercial” means the sale and storage of novelty fireworks for commercial purposes, for which a temporary use permit is required under s. 35-21.G.10.
3. “Statutory Fireworks” means anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use, inclusive of pyrotechnics, but not including 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 model rocket engine.
- Tobacco and a tobacco product.
- Anything defined herein as "novelty fireworks."
C. Sale and Storage of Fireworks.
1. The sale and storage of statutory fireworks is prohibited within the Village of Rochester unless such sale or storage is part of a permanent use of land duly authorized under Chapter 35, Planning and Zoning.
2. The sale and storage of novelty fireworks for commercial purposes is prohibited within the Village without a Temporary Use Permit under s. 35-21.G.10. unless such sale or storage is part of a permanent use of land duly authorized under Chapter 35, Planning and Zoning..
D. Use of Statutory Fireworks.
1. Use prohibited without a permit. The use of statutory fireworks is prohibited in the Village of Rochester unless the fireworks are used pursuant to a user permit issued by the Village of Rochester, according to the provisions of Wis. Stat. s. 167.10(3) and all of the requirements and limitations of this Section 9-8.
2. User permit. A user permit application for the discharge of statutory fireworks may be made by any owner or resident of real property in the Village of Rochester, for intended discharge on such applicant’s property in the Village. Such application may be made pursuant to Wis. Stat. s. 167.10(3)(c), and shall be subject to all applicable terms of this Section 9-8. Such use is restricted to the following dates: July 3, 4 or 5 each year, subject to the following. If the 4th of July falls on a Monday or Tuesday, the Saturday before will be allowed. If the 4th of July falls on a Wednesday or Thursday, the Saturday after will be allowed. The application must specify the name and address of the requested permit holder, the date on and after which fireworks may be purchased, the general kind and approximate quantity of fireworks which may be purchased, the date and location of the proposed use, and the name, address and telephone number for the individual responsible for the discharge of fireworks. All permit applications under this subsection must be filed between May 1 and June 30.
3. Restrictions and limitations. In addition to all other requirements of this Section 9-8 and applicable State laws, any use of statutory fireworks shall be subject to the following requirements:
a. Wind velocity. Wind velocity at the time of use shall not be more than 15 miles per hour as recorded or forecast by the National Weather Service Forecast Office, Milwaukee/Sullivan, Wisconsin.
b. Wind direction. Wind direction at the time of use shall be away from buildings or other combustible materials and structures and shall not carry fireworks onto any adjoining buildings or cause annoyance or danger to other persons or property.
c. The storage, use or display of permitted statutory fireworks shall conform to the standards set forth in NFPA 1, Chapter 65, Explosives, Fireworks and Model Rocketry, as may be amended from time to time. Every display shall be handled by a competent adult operator. After the permit is issued, possession, and use of fireworks shall be lawful for that purpose only. No permit granted hereunder is transferable.
d. Storage and handling of statutory fireworks.
(1) No person may store or handle statutory fireworks on any premises unless the premises are equipped with fire extinguishers.
(2) No person may smoke where statutory fireworks are stored or handled.
(3) A person who stores or handles statutory fireworks shall immediately notify the Fire Chief or Fire Inspector of the location, description and quantity of the fireworks.
(4) No person may store statutory fireworks closer than the separation distances required in NFPA 1 Chapter 65 to a dwelling.
(5) No person may store statutory fireworks closer than the separation distances required in NFPA 1 Chapter 65 to public assemblages or places where gasoline or volatile liquid is sold in quantities exceeding one gallon.
(6) No person may use statutory fireworks for which a permit was not issued while attending a fireworks display for which a permit has been issued under this section.
e. Parental liability. A parent, foster, or family-operated group home parent or legal guardian of a minor who consents to the use of any fireworks by the minor who is under the age of 18 years of age is liable for damages caused by the minor's use of the fireworks, and in addition shall be subject to the penalty provided in this Municipal Code.
f. Fire prevention. Sufficient firefighting implements and personnel shall be available at the scene to control any fire that may be caused by the statutory fireworks.
g. Hours. Statutory fireworks may only be used between 4:00 P.M. and 10:30 P.M
h. Responsibility on Permitted Property. For property that is subject to a statutory fireworks permit, only the individuals designated on the permit application may discharge fireworks. Such individual is responsible in case of a violation, jointly and severally with the permit holder and property owner, and any or all of these parties may be cited for the violation. Any damage or personal injury as a result of the ignition of fireworks shall be the responsibility of the permit holder.
i. Responsibility on non-permitted property. For property that is not permitted for the discharge of statutory fireworks, if fireworks are discharged the actual person that caused the illegal discharge is responsible for the violation if such person is identified to the Village’s satisfaction. If the Village cannot determine to its satisfaction the actual person that caused the illegal discharge, the owner or occupant of the property where the discharge occurred will be presumed to have caused the discharge, or to have aided or abetted the discharge, and shall be held responsible for the illegal discharge and may be cited for the violation. Such presumption may be rebutted only by credible evidence to show that the owner or occupant of the property had no knowledge of the fireworks being on the property at any time prior to the discharge, and that the owner or occupant of the property fully cooperated with the Village in trying to identify the actual person who caused the illegal discharge.
j. No sale. No person in the possession of statutory fireworks pursuant to this section may resell those fireworks in the Village of Rochester.
k. Permit availability. The permit issued for the use of fireworks must be made available upon request of a law enforcement officer
4. Fee. A fee for statutory fireworks permits shall be established by the Village Board and placed on the Fee Schedule, and must be submitted at the time of application and shall be non- refundable.
5. Acceptance of risk. All fireworks discharge permits issued in the Village are issued subject to the possibility that discharge may be prohibited, even if the permit is issued, due to the restrictions and limitations of this Section. All applicants accept this risk and shall be solely responsible for all consequences of the same, by their submittal of the application.
6. Statutory fireworks may be possessed and used by the Village without a permit, but Village fire and law enforcement officials must be notified of the proposed use of fireworks at least two days in advance.
E. Possession of statutory fireworks.
1. Statutory fireworks may be possessed while transporting the fireworks to a city, town, village or county where the possession of the fireworks is authorized by permit or ordinance, but the person doing the transporting may not remain in the Village for more than 12 hours.
2. Statutory fireworks may be sold or possessed by persons delivering the fireworks to a person granted a permit under this Section.
F. Use of Novelty Fireworks. Individuals may possess and use novelty fireworks on private property with the permission of the owner or person in charge thereof. Novelty fireworks may be used in Village rights-of-way, but not in the paved portion of streets. Novelty fireworks may not be used in Village parks or in or on other Village property.
G. Temporary ban on all fireworks. The Village President, upon recommendation of the Fire Chief because of extreme dryness or drought, may in the President’s discretion declare a temporary ban on fireworks, whether statutory or novelty. No fireworks of any kind may be discharged during a declared ban. Any permit which would otherwise allow discharge on a date during such ban is automatically revoked, subject to the following. Such permittee may apply for a new discharge date after the ban is lifted without incurring a new fee. If any of the possible discharge dates of Section 9-8.D.2. are during the ban, the Village Board shall have the authority, but not the obligation, to establish additional discharge dates which would apply only to those permittees who were not able to discharge fireworks on their permitted dates due to the ban.
H. Seizure and destruction of fireworks; Revocation of permit.
1. In addition to, and not to the prejudice or exclusion of such other penalties and remedies as may apply, any fireworks stored, handled, sold, possessed or used by a person who violates the terms of this Section may be seized and held as evidence of the violation. In the event a person is convicted of violating this section all fireworks seized shall be destroyed pursuant to the provisions of Wis. Stat. s. 167.10(8)(b), provided that, if storage after seizure but prior to resolution of the charges is deemed too dangerous, the seized fireworks may be destroyed pursuant to statute. Fireworks seized as evidence of a violation for which no conviction results shall be returned to the owner if they have not been destroyed pursuant to statute.
2. Any permit issued to the person under this Section shall be revoked upon conviction for a violation of this Section.
I. Application for and issuance of permit.
1. Application. The application for a permit hereunder for statutory fireworks be submitted to the Village Clerk and shall include the date of the display, and shall specify the name and address of the permit holder, the kind and quantity of fireworks that will be displayed, and the date and location of the display. The owner or person in authority of the site of the display shall consent in writing to the use of the site.
2. Review and issuance. The application shall be reviewed by the Village Clerk, who may seek the advice of the Fire Chief. The Clerk, under the authority of the Village President, shall issue the permit only if the requirements of this Section are met.
(a) No permits shall be issued to minors.
(b) No permit shall be issued unless the applicant acknowledges in writing that he or she understands and accepts that he or she is fully liable for all bodily injury and property damage that may result from the issuance of the permit, and the applicant indemnifies the Village for the same.
(c) No permit shall be issued for the storage of statutory fireworks, except as that storage may be necessary in preparation for a display permitted hereunder, and then only for the period set forth in this Section.
(d) No permit shall be issued for the indoor display or use of statutory fireworks.
3. In accordance with state statute, the Village Clerk shall provide copies of the permits issued to the municipal fire and law enforcement officials at least 2 days before the date of authorized use.
J. Penalties. See Wis. Stat. s. 167.10(9)(b), which provides that a penalty for violation of an ordinance adopted pursuant to Wis. Stat. s. 167.10(5) may not exceed $1,000. The penalties for violation of this Section shall be set forth in the Village Deposit Schedule and shall not exceed $1000 per violation.
Notes
| 2 | 2 Ordinance #2016-4 Adopted May 9, 2016 |
In addition to any penalty specifically set forth in this chapter, any person who violates any provision of this chapter or any regulation or rule, or order made hereunder shall be subject to a penalty as provided in Chapter 50 of this Municipal Code. Nothing in this section shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provision of this Chapter by injunction or other equitable relief.