[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Title 7,
Ch. 6, of the 1993 Code. Amendments noted where applicable.]
In this chapter, "fireworks" shall be defined as provided in
§ 167.10, Wis. Stats.
No person may sell or possess with intent to sell fireworks,
except:
A.
Permit required. No person may possess or use fireworks without a user's permit from the Mayor or from an official or employee of the City as designated by the Common Council. No person may use fireworks or a device listed under § 167.10(1)(e) to (g) or (i) to (n), Wis. Stats., while attending a fireworks display for which a permit has been issued to a person listed under Subsection C(1) to (5) or under Subsection C(6) if the display is open to the general public.[1]
B.
Permit exceptions. Subsection A above does not apply to:
(1)
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.
(3)
The disposal of hazardous substances in accordance with rules adopted
by the Wisconsin Department of Natural Resources.
(4)
The possession or use of explosive or combustible materials in any
manufacturing process.
(5)
The possession or use of explosive or combustible materials in connection
with classes conducted by educational institutions.
(6)
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.
(7)
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 A 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.[3]
C.
D.
Crop protection signs. A person issued a permit for crop protection
shall erect appropriate warning signs disclosing the use of fireworks
for crop protection.
E.
Bond. The Mayor issuing a permit under this section shall require
an indemnity bond with good and sufficient sureties or policy of liability
insurance for the payment of all claims that may arise by reason of
injuries to person or property from the handling, use or discharge
of fireworks under the permit. The bond or policy shall be taken in
the name of the City, and any person injured thereby may bring an
action on the bond or policy in the person's own name to recover
the damage the person has sustained, but the aggregate liability of
the surety or insurer to all persons shall not exceed the amount of
the bond or policy. The bond or policy, together with a copy of the
permit, shall be filed in the office of the City Clerk-Treasurer.
F.
Required information for permit. A permit under this section shall
specify all of the following:
G.
Copy of permit. A copy of a permit under this section shall be given
to the Fire Chief and Chief of Police at least two days before the
date of authorized use.
H.
Minors prohibited. A permit under this section may not be issued
to a minor.
A.
Fire extinguishers required. No wholesaler, dealer or jobber may
store or handle fireworks on the premises unless the premises is equipped
with fire extinguishers approved by the Fire Chief.
B.
Smoking prohibited. No person may smoke where fireworks are stored
or handled.
C.
Fire Chief to be notified. A person who stores or handles fireworks
shall notify the Fire Chief of the location of the fireworks.
A 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.
No person shall sell or give away within the City of Marion any fireworks except those permitted in § 349-1.
