[HISTORY: Adopted by the Common Council of the City of New Lisbon 3-20-2006 by Ord. No. 2006-1 (Title 7, Ch. 8, of the 2001 Code). Amendments noted where applicable.]
The City of New Lisbon has determined that the public health, safety and welfare will be promoted by adopting the following chapter regulating the safe and orderly use of fireworks.
In this chapter, "fireworks" means those items defined as such in § 167.10(1), Wis. Stats., as amended from time to time, which is incorporated herein by reference.
Permit required. No person may sell or possess with intent to sell fireworks without a seller's permit from the City of New Lisbon issued after application in accordance with the provisions under § 293-5 of this chapter. Sellers' permits are issued on an annual basis with an annual fee charged by the City in the amount as set by the Common Council.
Permit required. No person may possess or use fireworks without a seller's or user's permit from the City of New Lisbon obtained in accordance with the provisions of this section or from another governmental body.
Possessor's permit. A holder of a possessor's permit issued under this section is authorized to possess fireworks.
The form of the permit shall be determined by the City of New Lisbon and printed and provided to the City by each seller intending to issue permits to recipients; each form shall have printed thereon the identity of the seller providing the same.
Forms shall be issued by the City to the seller in multiples of 100 without limit and shall be signed and/or validated by a City official in blank to the seller. The seller shall pay in advance for such forms at a fee as set by the Common Council.
The seller shall issue permits to purchasers of fireworks at a cost as set by the Common Council. Copies of each permit issued shall be maintained by the seller and provided periodically to the City. Each permit shall expire at the end of the calendar year in which the permit is dated.
A possessor's permit does not allow use of fireworks within the City of New Lisbon.
Use prohibited. No person may use fireworks or a device listed under § 293-2 without a permit as provided for in this section or while attending a fireworks display for which a permit has been issued to a person listed under Subsection D(1) to (5) or under Subsection D(6) if the display is open to the general public.
Permit exceptions. Subsection C above does not apply to:
The City, except that City fire and law enforcement officials shall be notified of the proposed use of fireworks at least two days in advance.
The disposal of hazardous substances in accordance with rules adopted by the Wisconsin Department of Natural Resources.
The possession or use of explosive or combustible materials in any manufacturing process.
The possession or use of explosive or combustible materials in connection with classes conducted by educational institutions.
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.
The possession of fireworks in the City while transporting the fireworks to a city, town or village where the possession of the fireworks is authorized by permit or ordinance. Subsection C applies to a person transporting fireworks under this subsection if, in the course of transporting the fireworks through the City, the person remains in the City for a period of at least 12 hours.
Crop protection signs. A person issued a permit for crop protection shall erect appropriate warning signs approved by the City Plan Commission disclosing the use of fireworks for crop protection.
Required information for seller's permit. A permit under this section shall specify the following:
Permit fee. At the time of filing the permit application for sale of fireworks, a nonrefundable annual fee as set by the Common Council shall be paid to the City Clerk-Treasurer to cover the costs of processing and investigation of said application.
Revocation of permit. Any permit issued may be revoked in writing by the City Clerk-Treasurer for any of the following reasons:
Fraud, misrepresentation or a false statement contained in the application for permit.
Any violation of this chapter.
Conviction of a crime or misdemeanor involving the illegal use of fireworks.
Conducting the business of fireworks sales in an unlawful manner or in such a manner as to constitute a breach of the peace or general health, safety and welfare of the public.
Expiration of permit. No permit shall be issued for a longer period than one year. All annual permits issued under the provisions of this chapter shall expire at 12:00 midnight on the 31st day of December in the year when issued. All "event only" permits issued under this chapter shall expire as specifically set forth in the application for the day(s) allowed in the permit.
Appeal. Any applicant aggrieved by the action of the City in the denial or revocation of a permit may appeal to the City. Such appeal shall be taken by filing with the City Clerk-Treasurer, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds of the appeal. The Common Council shall set a time and place for a hearing on such an appeal, and notice shall be mailed by the City Clerk-Treasurer to the appellant at the last known address at least five days prior to the date set for hearing or shall be delivered by a police officer in the same manner as a summons at least three days prior to the date set for hearing.
Liability limitation. Per § 167.10(7m), Wis. Stats., no city, village, or town, or committee, official, or employee of a city, village, or town, is civilly liable for damage to any person or property caused by fireworks for the sole reason that the city, village, or town issued a permit in accordance with the requirements of § 167.10(3), Wis. Stats., and any applicable requirements authorized under § 167.10(5), Wis. Stats., that authorized the purchase, possession, or use of the fireworks.
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.
Smoking prohibited. No person may smoke where fireworks are stored or handled.
Fire Chief notified. A person who stores or handles fireworks shall notify the City Fire Chief of the location of fireworks stored.
Storage distance. No wholesaler, dealer or jobber may store fireworks within 50 feet of a residential dwelling.
Restriction 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, foster parent, family-operated group home 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.
A person holding a seller's permit under this chapter may not sell fireworks unless a warning substantially similar to the language set forth below is clearly displayed at the point of sale and any public entry/exit doors:
Any person, firm, or corporation violating any provision of this chapter shall be subject to a forfeiture of not more than $1,000 for each offense, and each day or fraction of a day on which any provision of this chapter is violated shall be deemed a separate offense.