[HISTORY: Adopted by the Common Council of the City of New
Lisbon 3-20-2006 by Ord. No. 2006-1 (Title 7, Ch. 8, of the 2001 Code).
Amendments noted where applicable.]
The City of New Lisbon has determined that the public health,
safety and welfare will be promoted by adopting the following chapter
regulating the safe and orderly use of fireworks.
In this chapter, "fireworks" means those items defined as such
in § 167.10(1), Wis. Stats., as amended from time to time,
which is incorporated herein by reference.
A.
Permit required. No person may sell or possess with intent to sell fireworks without a seller's permit from the City of New Lisbon issued after application in accordance with the provisions under § 293-5 of this chapter. Sellers' permits are issued on an annual basis with an annual fee charged by the City in the amount as set by the Common Council.[1]
A.
Permit required. No person may possess or use fireworks without a
seller's or user's permit from the City of New Lisbon obtained
in accordance with the provisions of this section or from another
governmental body.
B.
Possessor's permit. A holder of a possessor's permit issued
under this section is authorized to possess fireworks.
(1)
The form of the permit shall be determined by the City of New Lisbon
and printed and provided to the City by each seller intending to issue
permits to recipients; each form shall have printed thereon the identity
of the seller providing the same.
(2)
Forms shall be issued by the City to the seller in multiples of 100
without limit and shall be signed and/or validated by a City official
in blank to the seller. The seller shall pay in advance for such forms
at a fee as set by the Common Council.[1]
(3)
The seller shall issue permits to purchasers of fireworks at a cost
as set by the Common Council. Copies of each permit issued shall be
maintained by the seller and provided periodically to the City. Each
permit shall expire at the end of the calendar year in which the permit
is dated.[2]
(4)
A possessor's permit does not allow use of fireworks within
the City of New Lisbon.
C.
Use prohibited. No person may use fireworks or a device listed under § 293-2 without a permit as provided for in this section or while attending a fireworks display for which a permit has been issued to a person listed under Subsection D(1) to (5) or under Subsection D(6) if the display is open to the general public.
D.
Permit exceptions. Subsection C above does not apply to:
(1)
The City, except that City fire and law enforcement officials shall
be notified of the proposed use of fireworks at least two days in
advance.
(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.
(7)
The possession of fireworks in the City while transporting the fireworks to a city, town or village where the possession of the fireworks is authorized by permit or ordinance. Subsection C applies to a person transporting fireworks under this subsection if, in the course of transporting the fireworks through the City, the person remains in the City for a period of at least 12 hours.[4]
F.
Crop protection signs. A person issued a permit for crop protection
shall erect appropriate warning signs approved by the City Plan Commission
disclosing the use of fireworks for crop protection.
A.
Required information for seller's permit. A permit under this
section shall specify the following:
B.
Permit fee. At the time of filing the permit application for sale
of fireworks, a nonrefundable annual fee as set by the Common Council
shall be paid to the City Clerk-Treasurer to cover the costs of processing
and investigation of said application.[1]
C.
Revocation of permit. Any permit issued may be revoked in writing
by the City Clerk-Treasurer for any of the following reasons:
(1)
Fraud, misrepresentation or a false statement contained in the application
for permit.
(2)
Any violation of this chapter.
(3)
Conviction of a crime or misdemeanor involving the illegal use of
fireworks.
(4)
Conducting the business of fireworks sales in an unlawful manner
or in such a manner as to constitute a breach of the peace or general
health, safety and welfare of the public.
D.
Expiration of permit. No permit shall be issued for a longer period
than one year. All annual permits issued under the provisions of this
chapter shall expire at 12:00 midnight on the 31st day of December
in the year when issued. All "event only" permits issued under this
chapter shall expire as specifically set forth in the application
for the day(s) allowed in the permit.
E.
Appeal. Any applicant aggrieved by the action of the City in the
denial or revocation of a permit may appeal to the City. Such appeal
shall be taken by filing with the City Clerk-Treasurer, within 14
days after notice of the action complained of, a written statement
setting forth fully the grounds of the appeal. The Common Council
shall set a time and place for a hearing on such an appeal, and notice
shall be mailed by the City Clerk-Treasurer to the appellant at the
last known address at least five days prior to the date set for hearing
or shall be delivered by a police officer in the same manner as a
summons at least three days prior to the date set for hearing.[2]
F.
Liability limitation. Per § 167.10(7m), Wis. Stats., no
city, village, or town, or committee, official, or employee of a city,
village, or town, is civilly liable for damage to any person or property
caused by fireworks for the sole reason that the city, village, or
town issued a permit in accordance with the requirements of § 167.10(3),
Wis. Stats., and any applicable requirements authorized under § 167.10(5),
Wis. Stats., that authorized the purchase, possession, or use of the
fireworks.
A.
Fire extinguishers required. No wholesaler, dealer or jobber may
store or handle fireworks in 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 notified. A person who stores or handles fireworks shall
notify the City Fire Chief of the location of fireworks stored.
D.
Storage distance. No wholesaler, dealer or jobber may store fireworks
within 50 feet of a residential dwelling.
E.
Restriction on storage. No person may store fireworks within 50 feet
of a public assemblage or place where gasoline or volatile liquid
is sold in quantities exceeding one gallon.
A parent, foster parent, family-operated group home 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.
A person holding a seller's permit under this chapter may not
sell fireworks unless a warning substantially similar to the language
set forth below is clearly displayed at the point of sale and any
public entry/exit doors:
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WARNING
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Even if you obtain a possessor's permit, it is a violation of the laws of the City of New Lisbon to discharge or explode any unauthorized fireworks within the City. Violations are punishable by citation and substantial forfeiture. (New Lisbon Code of Ordinances § 293-9)
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Any person, firm, or corporation violating any provision of
this chapter shall be subject to a forfeiture of not more than $1,000
for each offense, and each day or fraction of a day on which any provision
of this chapter is violated shall be deemed a separate offense.
