[HISTORY: Adopted by the Common Council of the City of Brodhead as Title 7, Ch. 6, of the 1997 Code. Amendments noted where applicable.]
In this chapter, the following terms shall have the meanings indicated:
- Anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use, but does not include any of the following:
- A. Fuel or a lubricant.
- B. A firearm cartridge or shotgun shell.
- C. 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.
- D. A match, cigarette lighter, stove, furnace, candle, lantern or space heater.
- E. 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.
- F. A toy snake which contains no mercury.
- G. A model rocket engine.
- H. Tobacco and a tobacco product.
- I. 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.
- J. A device designed to spray out paper confetti or streamers and which contains less than 1/4 grain of explosive mixture.
- K. 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.
- L. A device that emits smoke with no external flame and does not leave the ground.
- M. A cylindrical fountain not exceeding 100 grams in total weight with an inside tube diameter not exceeding 0.75 inch, designed to sit on the ground and emit only sparks and smoke.
- N. 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.
No person may sell or possess with intent to sell fireworks, except:
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 in Subsections E through G and I through N of the definition of "fireworks" in § 256-1 while attending a fireworks display for which a permit has been issued to a person listed under Subsection C(1) through (5) or Subsection C(6) if the display is open to the general public.
Permit exceptions. Subsection A 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.
Who may obtain permit. A permit under this section may be issued only to the following:
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.
Required information for permit. A permit under this section shall specify all of the following:
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.
Juveniles prohibited. A permit under this section may not be issued to a juvenile.
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.
A parent or legal guardian of a juvenile who consents to the use of fireworks by the juvenile is liable for damages caused by the juvenile's use of the fireworks.
No person shall sell or give away within the City of Brodhead any fireworks except those permitted in § 256-1.