[HISTORY: Adopted by the Village Board of
the Village of Mazomanie 6-28-1988 as Title 7, Ch. 7 of the 1988 Code. Amendments noted where
applicable.]
[Amended 12-8-2006 by Ord. No. 2006-2]
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 that has been approved by the Village 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.
[Amended 8-9-2016 by Ord.
No. 2016-3]
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. Subsection A applies to a person transporting fireworks under this subsection 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.
[Amended 12-8-2006 by Ord. No. 2006-2]
C.
Who permit may be issued to. 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 Village President issuing a permit under
this section may 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, 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-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 Chief of Police and Fire Chief 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 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 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 50 feet of a dwelling.
E.
Restrictions 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 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.