[HISTORY: Adopted by the Town Board of the
Town of Cedarburg 1-2-1991 as Title 7, Ch. 7 of the 1991 Code. Amendments noted where
applicable.]
[Amended 10-4-2006 by Ord. No. 2006-11]
In this section, "fireworks" shall be defined
as provided in § 167.10, 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 Town Chairperson or from an official or employee of the Town as designated by the Town Board. No person may use fireworks or a device listed under § 167.10(1)(e) to (g) and (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 Town, except that Town 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.
[Added 10-4-2006 by Ord. No. 2006-11]
(7)
The possession of fireworks in the Town while transporting the fireworks to a city, town or village where the possession of the fireworks is authorized by permit or ordinance. Subsection A applies to a person transporting fireworks under this subsection if, in the course of transporting the fireworks through the Town, the person remains in the Town for a period of at least 12 hours.
[Added 10-4-2006 by Ord. No. 2006-11]
C.
Who may obtain permit. A permit under this section
may be issued only to the following:
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 Town Chairperson or Town Administrator issuing
a permit under this section 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 Town, 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 Town Clerk.
[Amended 6-3-2009 by Ord. No. 2009-11]
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 Town Constable 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 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 to be notified. A person who stores or
handles fireworks shall notify the Fire Chief of the location of the
fireworks.
D.
Storage distance. No wholesaler, dealer or jobber
may store fireworks within 500 feet of a dwelling.
E.
Restrictions on storage. No person may store fireworks
within 500 feet of a public assemblage or place where gasoline or
volatile liquid is sold in quantities exceeding one gallon.
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.