[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe 6-2-1983 by Ord. No. 83-8; amended in its entirety 11-15-2012 by Ord. No.
12-17. Subsequent amendments noted where applicable.]
This chapter shall be titled "Fireworks Control and Regulation."
This chapter shall apply to all persons within the exterior
boundaries of the Menominee Indian Reservation.
The sale of fireworks shall be subject to the following conditions:
A.Â
Adult tribal members only shall engage in the sale of fireworks.
B.Â
Sales to minors shall be limited to toy paper caps; gold-star-producing
sparklers which contain no magnesium, chlorate or perchlorate; toy
snakes which contain no mercury; and smoke/party novelties which contain
less than 1/4 grain of explosive matter.
[Amended 11-21-2013 by Ord. No. 13-43]
A.Â
A tribal license shall be required for the sale of fireworks and
shall be issued under the following conditions:
B.Â
Licenses shall be in effect for the entire period of sales and shall
not be prorated for fractions of periods.
C.Â
License fees shall be established by the Licensing and Permit Department
and approved by a motion of the Tribal Legislature. License fees shall
be posted for five business days before they shall become effective.
D.Â
In order to obtain a license under this chapter, a person must provide
proof of appropriate liability insurance. The insurance must indemnify
the Tribe in the event that tribal property is damaged by the fireworks
while those fireworks remain on the premises of the licensee. This
includes, but is not limited to, explosions or fires caused by said
fireworks.
A.Â
A tribal tax is hereby levied in the amount of $2 for each licensed
day of fireworks sales from June 1 through July 15. The tribal tax
for the entire forty-five-day period shall be due and payable, in
advance, at the Tribal Offices under the following schedule:
B.Â
Failure of any licensee to pay the tribal tax as outlined above shall
result in immediate cancellation of license.
Sales of fireworks from roadside stands will be allowed.
At least one 2A water (or better rating) fire extinguisher shall
be required when fireworks are sold, and the Fire Chief shall be notified,
as soon as practicable upon bringing fireworks for resale onto the
Reservation, of the places where such fireworks are stored. No smoking
shall be permitted within 50 feet of any place where fireworks are
sold or stored. Furthermore, no person shall use fireworks of any
kind during a declared burn ban.
With the exception of tribally approved displays, the explosion
of fireworks shall be limited to the following period: between the
hours of 8:00 a.m. and 10:00 p.m., except for the period from July
1 to July 7, when the evening hours shall be extended to midnight.
Violation of this section shall, upon conviction, result in a fine
of $25.
A.Â
No entity shall advertise or undertake to engage in a display of
fireworks open to members of the public without obtaining prior thereto,
and at a minimum of five working days, a fireworks display permit.
B.Â
The application for permit will, at a minimum, contain the following
information:
(1)Â
Name, address, and telephone number of individual making application.
(2)Â
The name of the tribal organization requesting the permit.
(3)Â
The name and address of employees, agents, representatives, or vendors
who shall engage in the sale activities under the applicant's
permit.
(4)Â
The location of the display.
(5)Â
The type and class of fireworks to be displayed.
(6)Â
The permit processing fee of $25.
(7)Â
The amount, if any, of an admission charge to the display.
(8)Â
Proof of appropriate liability insurance.
C.Â
The permit holder must provide notice to the Menominee Tribal Police
Department as well as the Menominee Tribal Conservation Department,
including the date, time and approximate attendance of the display.
The following section applies only to those persons required
to obtain a permit under this chapter.
A.Â
A person who stores or handles fireworks shall notify the fire official
of the municipality in which the fireworks are stored or handled of
the location of the fireworks.
B.Â
No person may smoke where fireworks are stored or handled.
C.Â
No person may store or handle fireworks in premises unless the premises
are equipped with fire extinguishers approved by the fire official
of the municipality where the premises are located.
D.Â
No person may store fireworks within 50 feet of a public assemblage
or place where gasoline or volatile liquid is dispensed in quantities
exceeding one gallon.
Any person found guilty of violating this chapter shall forfeit
a minimum amount of not less than $25 nor in excess of $500 for the
first violation, not less than $75 nor in excess of $500 for the second
violation, not less than $225 nor in excess of $500 for the third
violation, and $500 for each additional violation beyond three violations.
In addition to the aforementioned penalties, in the event that a fire
is caused, suppression costs will be charged and determined by the
Menominee Indian Tribe of Wisconsin. Anyone convicted of a violation
of this chapter shall be denied a fireworks license for a period of
one year.
Any person licensed under this chapter to sell fireworks on
the Menominee Reservation shall indemnify and hold harmless the Tribe
against all loss, cost, or damage on account of any injury to persons
or property occurring as a result of the sale of fireworks.
The provisions of this chapter shall be enforced by the Menominee
Tribal Police as well as the Menominee Conservation Department.
