[HISTORY: Adopted by the Village Board of the Village of Orfordville 3-31-1992
as Title 7, Ch. 6 of the 1992 Code. Amendments noted where applicable.]
In this chapter, the term "fireworks" shall be defined as provided in
§ 167.10(1), Wis. Stats.
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 President or from an official or employee of the Village as designated by the Village Board. No person may use fireworks or a device listed under § 167.10(1)(e) to (g) or (i) to (n), Wis. Stats., while attending a fireworks display for which a permit has been issued to a person listed under Subsection C(1) to (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.
(7)
The possession of fireworks in the Village while transporting
the fireworks to a city, town or village where the possession of the fireworks
is authorized by permit or ordinance. This subsection applies to a person
transporting fireworks 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.[1]
C.
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 President issuing a permit under this
subsection shall require an indemnity bond with good and sufficient sureties
or policy of liability insurance 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, together
with a copy of the permit, 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:
G.
Copy of permit. A copy of a permit under this section
shall be given to the Fire Chief and Police Department at least two days before
the date of authorized use.
H.
Minors prohibited. A permit under this section may not
be issued to a minor.
A.
Fire extinguishers required. No wholesaler, dealer or
jobber may store or handle fireworks on the premises unless the premises is
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.
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.