This chapter shall regulate the possession,
sale and use of fireworks within the City limits. It shall constitute
a local regulation adopted pursuant to § 167.10(5), Wis.
Stats.
The following definitions shall apply to the
application of this chapter:
DWELLING
A place of residence for human inhabitants and shall include
all single-family and multiple-family residences and all other structures
used for human habitation.
FIRE CHIEF
The duly appointed Fire Chief of the City of Weyauwega.
FIREWORKS
Anything manufactured, processed or packaged for exploding,
emitting sparks or combustion which does not have another common use,
but does not include any of the following:
B.
A firearm cartridge or shotgun shell.
C.
A flare used or possessed or sold for use as
a signal in an emergency or in the operation of a railway, aircraft,
watercraft or motor vehicle.
D.
A match, cigarette lighter, stove, furnace,
candle, lantern or space heater.
E.
A cap containing not more than 1/4 grain of
explosive mixture, if the cap is used or possessed or sold for use
in a device which prevents direct bodily contact with a cap when it
is in place for explosion.
F.
A toy snake which contains no mercury.
H.
Tobacco and a tobacco product.
I.
A sparkler on a wire or wood stick not exceeding
36 inches in length that is designed to produce audible or visible
effects or to produce audible and visible effects.
J.
A device designed to spray out paper confetti
or streamers and which contains less than 1/4 grain of explosive mixture.
K.
A fuseless device that is designed to produce
audible or visible effects or audible and visible effects and that
contains less than 1/4 gram of explosive mixture.
L.
A device that is designed primarily to burn
pyrotechnic smoke-producing mixtures, at a controlled rate, and that
produces audible or visible effects or audible and visible effects.
M.
A cylindrical fountain that consists of one
or more tubes and that is classified by the Federal Department of
Transportation as a Division 1.4 explosive, as defined in 49 CFR 173.50.
N.
A cone fountain that is classified by the Federal
Department of Transportation as a Division 1.4 explosive, as defined
in 49 CFR 173.50.
PERSON
Any natural person or unincorporated or incorporated corporation, partnership or other association. Persons who otherwise are referred to as "sellers" under this chapter shall include, for purposes of §
266-8B and
D, those sellers who are not required to obtain a seller's permit. It shall not include a natural person under the age of 18 years, otherwise referred to herein as a "minor."
POSSESS
To have in one's possession, to own, hold on consignment
or otherwise to be physically and/or legally in control of fireworks.
USE
Any of the permitted purposes for fireworks set forth at
§ 167.10(3)(b)2 to 6, Wis. Stats., together with all other
types of use, including but not limited to explosions, emission of
sparks or combustion.
Except as otherwise allowed by this chapter,
no person may possess, sell or use fireworks in the City.
No person possessing fireworks with the intent
to sell in the City may store or handle fireworks in premises which
are not equipped with fire extinguishers approved by the Fire Chief
or his/her designee. In addition, the following criteria shall govern
storage and handling:
A. No person may smoke where fireworks are stored or
handled.
B. Prior to any person storing fireworks in the City,
the Fire Chief shall be notified.
C. No fireworks shall be stored within 100 feet of a
dwelling.