[HISTORY: Adopted by the Town Board of the Town of Herman at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
Fires and fire prevention — See Ch. 210.
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:
Types of permits required.
No person may use fireworks without a user's permit from the Chairperson or from an official or employee of the Town as designated by the Town Board. 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) through (5) or under Subsection C(6) of this section if the display is open to the general public.
The retail sale of fireworks is a conditional use in the B-1 Business/Commercial Zoning District.
Exceptions. Subsection A above does not apply to:
The Town, except that Town fire and law enforcement officials shall be notified of the proposed use of fireworks at least two days in advance.
The possession or use of explosives in accordance with rules or general orders of the Wisconsin Department of Safety and Professional Services.
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 Town 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 Town, the person remains in the Town for a period of at least 12 hours.
Who may obtain a use permit. A use permit under this section may be issued only to the following:
Crop protection signs. A person issued a use permit for crop protection shall erect appropriate warning signs disclosing the use of fireworks for crop protection.
Bond. The Chairperson, when issuing a use 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 Town, 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 Town Clerk.
Required information for use permit. A use permit under this section shall specify all of the following:
Copy of permit. A copy of a use permit under this section shall be given to the applicable Fire Chief at least two days before the date of authorized use.
Minors prohibited. A use permit under this section may not be issued to a minor.
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.
Smoking prohibited. No person may smoke where fireworks are stored or handled.
Fire Chief to be notified. A person who stores or handles fireworks shall notify the Fire Chief of the location of the fireworks.
Storage distance. No wholesaler, dealer or jobber may store fireworks within 50 feet of a dwelling.
Restrictions 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 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.
Pursuant to § 167.10(9)(b), Wis. Stats., violation of this chapter shall be subject to a forfeiture of not more than $1,000.