[Amended 9-29-2008 by Ord. No. 08-1]
A. Incorporation of state law. Section 167.10, Wis. Stats., excluding
the penalties described in § 167.10(9), is incorporated
herein by reference, including such amendments as may be made thereto
from time to time in the future. The terms and requirements of this
chapter are intended to be, and shall be interpreted to be, more restrictive
than the otherwise applicable requirements of § 167.10,
Wis. Stats., as allowed by § 167.10(5)(b), Wis. Stats.
B. Definition of "fireworks." Pursuant to § 167.10(5)(a)(1),
Wis. Stats., as used in this chapter, the term "fireworks" shall include
all items included in § 167.10(1)(intro.), (e), (f), (i),
(j), (k), (L), (m) and (n), Wis. Stats.
C. Fireworks sales permitted. Only the following types of fireworks may be sold in the Town of Genesee pursuant to a fireworks sale license issued under §
334-2 of this chapter:
(1) 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;
(2) A toy snake which contains no mercury;
(3) 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;
(4) A device designed to spray out paper confetti or streamers and which
contains less than 1/4 grain of explosive mixture;
(5) 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;
(6) 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;
(7) 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; and
(8) 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.
The use permit requirements of this chapter, and the fireworks
sale license prohibition on selling only to holders of use permits,
are subject to the following exceptions:
A. A use permit is not required for possession of fireworks in the Town
of Genesee while the fireworks are being transported through the Town
of Genesee to a city, town or village or county where the possession
of the fireworks has been authorized by permit or ordinance. This
exception is intended to exclude only those uses that are described
in § 167.10(5)(e), Wis. Stats.
B. A use permit is not required in order to possess or use explosives
in accordance with rules or general orders of the Department of Safety
and Professional Services. This exception is intended to exclude only
those uses described in § 167.10(3)(b)2, Wis. Stats.
C. A use permit is not required for the disposal of hazardous substances
in accordance with rules adopted by the Department of Natural Resources.
This exception is intended to exclude only those uses described in
§ 167.10(3)(b)3, Wis. Stats.
D. A use permit is not required for the possession or use of explosive
or combustible materials in any manufacturing process. This exception
is intended to exclude only those uses described in § 167.10(3)(b)4,
Wis. Stats.
E. A use permit is not required for the possession or use of explosives
or combustible materials in connection with classes conducted by educational
institutions. This exception is intended to exclude only those uses
described in § 167.10(3)(b)5, Wis. Stats.
F. A use permit is not required for 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. This exception is intended to only exclude those
uses described in § 167.10(3)(b)6, Wis. Stats.
Parties requesting a use permit and/or a fireworks sale license
have the ultimate responsibility for their own safety and for the
safety of all persons who may be affected by their activity. The issuance
of a use permit or a fireworks sale license shall not be interpreted
as endorsing or condoning the activity or as ensuring that the activity
will be safe. An applicant for a use permit and/or a fireworks sale
license individually and on behalf of any entity for which the applicant
submits the application, and also on behalf of the property owner
where the activity will be conducted, accepts all risks and agrees
to indemnify, defend and hold harmless the Town of Genesee, its officers
and agents from any and all claims arising out of the use, sale or
possession of the fireworks.
Each violation of any provision of this chapter shall be subject to the penalties and remedies described in Chapter
1, General Provisions, Article
I, General Penalty, of this Code.