[HISTORY: Adopted by the Village Board of the Village of Waterford 5-11-2009 by Ord. No. 541. Amendments noted where applicable.]
This chapter is enacted pursuant to Wis. Stat. § 167.10(5), as may be amended from time to time.
As used in this chapter, the following terms shall have the meanings indicated:
The following types of fireworks:
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 presents direct bodily contact with a cap when it is in place for explosion.
A toy snake which contains no mercury.
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.
A device designed to spray out paper confetti or streamers and which contains less than 1/4 grain of explosive mixture.
A fuseless device that is designed to produce audible or visible effects or audible and visible effects, and that contains less than 1/4 grain of explosive mixture.
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.
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.
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.
Novelty fireworks for which a permit is required in this chapter.
Anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use, inclusive of pyrotechnics, but not including any of the following:
Fuel or a lubricant.
A firearm cartridge or shotgun shell.
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.
A match, cigarette lighter, stove, furnace, candle, lantern or space heater.
A model rocket engine.
Tobacco and a tobacco product.
Anything defined herein as "novelty fireworks."
A.
No person may possess, use or sell statutory fireworks in the Village except as provided in this section.
B.
Possession and use of statutory fireworks. Statutory fireworks may be possessed or used in the Village only under the following circumstances.
(1)
Statutory fireworks may be used for fireworks and pyrotechnic displays given by public authorities, civic organizations, or groups of individuals that have been granted a permit for such display by the Village President and Fire Chief as set forth in § 132-4.
(2)
Statutory fireworks may be possessed while transporting the fireworks to a city, town, village or county where the possession of the fireworks is authorized by permit or ordinance, but the person doing the transporting may not remain in the Village for more than 12 hours.
(3)
Statutory fireworks may be sold or possessed by persons delivering the fireworks to a person or group granted a permit under this section.
(4)
Statutory fireworks may be possessed and used by the Village without a permit, but Village fire and law enforcement officials must be notified of the proposed use of fireworks at least two days in advance.
A.
No person may sell, store, use or display statutory fireworks without a permit issued hereunder.
B.
Application and fee.
[Amended 1-11-2010 by Ord. No. 547]
(1)
Application for statutory fireworks permits shall be made in writing at least 30 days in advance of the date of the display, and shall specify the name and address of the permit holder, the kind and quantity of fireworks that will be displayed, and the date and location of permitted use. The owner or person in authority of the site of the display shall consent in writing to the use of the site. Applicants must submit a site plan for the display and pay a fee in an amount set forth by the Village Board at the time of application.
(2)
The public high school district shall be required to obtain a permit for fireworks hereunder, but shall be exempt from the permit fee.
C.
Review and issuance.
(1)
The application shall be reviewed by the Village President and the Fire Chief, who shall issue the permit only if the requirements of this chapter and § 245-17.1 are met.
(2)
No permits shall be issued to minors.
(3)
No permit shall be issued unless the Village President and the Fire Chief determine that the use will be of such composition, character, and so located, discharged or fired as in the opinion of the Village President and Fire Chief shall not be hazardous to property or endanger any person or persons.
(4)
No permit shall be issued unless the permittee has and maintains adequate liability insurance with minimum limits of $1,000,000 bodily injury and property damage, combined single limit, naming the Village, its officers, employees and agents as additional insureds. Said insurance shall indemnify and defend the Village, its officers, employees and agents against all claims, liability, loss damages or expenses, whether caused by or contributed to by the negligence of the Village, its officers, employees or agents. Said insurance shall provide that the Village receive written notice 30 days prior to any cancellation, nonrenewal or material change in the policy. Proof of said insurance shall be submitted to the Village President and Fire Chief prior to the issuance of the permit.
(5)
No permit shall be issued for the manufacture of statutory fireworks, and no permit shall be issued for the storage of statutory fireworks, except as that storage may be necessary in preparation for a display permitted hereunder, and then only for a period no longer than 72 hours, or except as may be permitted by the Board of Appeals in the Industrial District.
(6)
No person may sell statutory fireworks in the Village unless the person purchasing the statutory fireworks is a Village official or has a permit issued under this section.
(7)
No permit shall be issued for the indoor display or use of statutory fireworks.
D.
Permit regulations.
(1)
The use or display of permitted statutory fireworks shall conform to the standards set forth in NFPA 1, Chapter 65, Explosives, Fireworks and Model Rocketry, as may be amended from time to time.
(2)
Every display shall be handled by a competent adult operator.
(3)
After the permit is issued, sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder is transferable.
A.
No person may sell novelty fireworks, or store or possess novelty fireworks for other than personal use, without a permit from the Village.
B.
Individuals may possess and use novelty fireworks on private property with the permission of the owner or person in charge thereof. Novelty fireworks may be used in Village rights-of-way, but not in the paved portion of streets. Novelty fireworks may not be used in Village parks or in or on other Village property.
A.
No person may sell, store, or possess novelty fireworks for other than personal use without a permit issued hereunder.
B.
Application. Application for novelty fireworks permits for seasonal sales shall be made in writing at the same time as application is made for a conditional use permit or Precise Implementation Plan approval required in § 245-17.1A. The application shall specify the name and address of the permit holder, the kind and quantity of fireworks that will be possessed and sold, and the dates and location of the sales. The owner or person in authority of the site of the storage and sales shall consent in writing to the use of the site. Applicants must submit a site plan identifying the location of the storage, the sales, and any existing structures on the property and within 100 feet of the property lines. The applicant shall pay a fee in an amount set forth by the Village Board at the time of application.
C.
Review and issuance.
(1)
The application shall be reviewed by the Village President and the Fire Chief after approval of the conditional use permit or Precise Implementation Plan amendment by the Plan Commission. No person shall be issued a permit hereunder unless the required Plan Commission approval is obtained.
(2)
No permits shall be issued to minors.
(3)
No permit shall be issued unless the Village President and the Fire Chief determine that the novelty fireworks are stored in a safe and secure trailer and that sales of the novelty fireworks will be made from a temporary shelter or tent in an outdoor area that, in the opinion of the Village President and Fire Chief, will not be hazardous to property or endanger any person or persons. In addition:
(4)
No permit shall be issued unless the permittee has and maintains adequate liability insurance with minimum limits of $1,000,000 bodily injury and property damage, combined single limit, naming the Village, its officers, employees and agents as additional insureds. Said insurance shall indemnify and defend the Village, its officers, employees and agents against all claims, liability, loss damages or expenses, whether caused by or contributed to by the negligence of the Village, its officers, employees or agents. Said insurance shall provide that the Village receive written notice 30 days prior to any cancellation, nonrenewal or material change in the policy. Proof of said insurance shall be submitted to the Village President and Fire Chief prior to the issuance of the permit.
(5)
No permit shall be issued for the manufacture of novelty fireworks, and no permit shall be issued for the storage of novelty fireworks, except as storage may be necessary to sales permitted hereunder, or except as may be permitted by the Board of Appeals in the Industrial District.
(6)
A permit for the sales of novelty fireworks issued hereunder shall not be valid for a period of longer than three weeks.
(7)
Temporary shelters or tents for the sale of novelty fireworks permitted hereunder may be erected no earlier than June 18 and must be removed no later than July 11. Storage trailers containing novelty fireworks may be placed on the site no earlier than June 15 and must be removed no later than July 11.
(8)
No permit shall be issued to any person who, in the previous 18 months, was found guilty of two or more violations of this chapter.
D.
Permit regulations.
(1)
The display and sales of permitted novelty fireworks shall conform to the standards set forth in NFPA 1, Chapter 65, Explosives, Fireworks and Model Rocketry, as may be amended from time to time.
(2)
After the permit is issued, storage, sale and possession for sale shall be lawful for that purpose only. No permit granted hereunder is transferable.
A.
No person may store or handle statutory fireworks or commercial novelty fireworks on any premises unless the premises are equipped with fire extinguishers approved by the Fire Chief or Fire Inspector.
B.
No person may smoke where statutory fireworks or commercial novelty fireworks are stored or handled.
C.
A person who stores or handles statutory fireworks or commercial novelty fireworks shall immediately notify the Fire Chief or Fire Inspector of the location, description and quantity of the fireworks.
D.
No person may store statutory fireworks or commercial novelty fireworks within 100 feet of a dwelling.
E.
No person may store statutory fireworks or commercial novelty fireworks within 100 feet of a public assemblage or place where gasoline or volatile liquid is sold in quantities exceeding one gallon.
F.
No person may use statutory fireworks while attending a fireworks display for which a permit has been issued under this section.
A parent, foster, or family-operated group home parent or legal guardian of a minor who consents to the use of any statutory or novelty fireworks by the minor who is under the age of 18 years of age is liable for damages caused by the minor's use of the fireworks, and in addition shall be subject to the penalty provided in § 132-11.
A.
Inspection and search of permitted premises. An applicant for a permit under this chapter thereby consents to the entry of the Fire Chief, Fire Inspectors, Police, or authorized representatives of the Village upon the permitted premises, including but not limited to storage areas, containers and vehicles, at all reasonable hours for the purposes of inspection and search and consents to removal from the premises and introduction into evidence in prosecutions for violations of this chapter of all things found therein in violation of this chapter or state law.
B.
Seizure. The Police or Fire Department shall seize, at the expense of the owner, all statutory or novelty fireworks stored, handled, sold, possessed or used by any person who violates this chapter. Such seized fireworks shall be destroyed after conviction for a violation. Statutory or novelty fireworks that are seized as evidence of a violation for which no conviction results shall be returned to the owner.
The Fire Chief, Fire Inspectors, and/or Village President may revoke a permit or prohibit or terminate the sale, use or display of statutory or novelty fireworks when, in the opinion of the Chief and President, atmospheric conditions or local circumstances make such sale, use or display a fire hazard or other hazard to the safety of the public. During such period of such prohibition, no person may use or display, or permit the starting of any use or display of, or sell statutory fireworks or novelty fireworks anywhere within the Village. The failure to allow the inspection and/or search of a permitted premises pursuant to § 132-9A shall be grounds for the immediate revocation of the permit. The presence of statutory fireworks on premises permitted for commercial novelty fireworks shall be grounds for the immediate revocation of a permit. The Fire Chief, Fire Inspectors and/or Village President may reinstate a permit upon the permittee's compliance with this chapter.
Any person who shall violate any provision of this chapter, or any regulation, rule or order made hereunder, shall be subject to a penalty as provided in Chapter 1, Article II, of this Municipal Code. Violation of this chapter shall also constitute a public nuisance which may be enjoined in a civil action in addition to prosecution therefore.
