[HISTORY: Adopted by the Town Board of the Town of Grand Chute 1-7-1997 as §§ 9.08 and 9.12 of the 1997 Code. Amendments noted where applicable.]
The term "fireworks" as used in this chapter shall be defined as stated in § 167.10, Wis. Stats.
It shall be unlawful for any person, firm or corporation to offer for sale at retail or to sell at retail, to loan, barter, deliver or give away, or in any other way to dispose of within the Town of Grand Chute any fireworks as defined in § 295-1 of this chapter except to holders of permits as provided in § 295-4 of this chapter. A seller's permit may be granted to persons, firms or corporations, provided that an application is filed with the Town Fire Department. The Fire Official may issue a seller's permit, which shall be posted on location, on being satisfied that the structure meets the requirements contained in current adopted local code. A fee as prescribed in the Town Fee Schedule shall be paid for required inspections.
Special permission may be granted to persons, firms, or corporations for the purchase of fireworks as described in § 295-1 and their use at a public gathering or special event (see § 456-1), provided that an application is filed with the Town Clerk setting forth the name of the applicant and the time and place of the exhibition. The Town Clerk shall forthwith notify the Chief of the Town Fire Department of such application for special permission to use fireworks, and the Town Fire Chief, on being satisfied that the applicant will use the fireworks in a public exhibition and being further satisfied that all reasonable precautions will be exercised with regard to protection of the lives and property of all persons, may issue a permit which shall permit the use of fireworks at the time and place and in the manner set out in the application.
A first violation of any provision of this chapter shall be punished by a fine as prescribed in the Uniform Forfeiture and Bond Schedules, together with the costs of prosecution, and on default of the payment of any such fine and/or costs of prosecution such person shall be committed to the county jail of Outagamie County until such fine and costs are paid, but not to exceed 90 days.
Any person violating this chapter who shall previously have been convicted of a violation of this chapter shall, upon proof and conviction thereof, forfeit an amount as prescribed in the Uniform Forfeiture and Bond Schedules, together with the costs of prosecution, and on default of the payment of any such fine and costs of prosecution, or either of them, such convicted person shall be committed to and confined within the county jail of Outagamie County, Wisconsin, until such fine and costs of prosecution are paid, but not to exceed six months.
Each day of violation under this chapter shall constitute a separate and distinct offense.