[HISTORY: Adopted by the Village Board of the Village of East Troy 4-3-2000 by Ord. No. 2000-2 as Title 7, Ch. 6, of the 2000 Code. Amendments noted where applicable.]
[Amended 6-15-2015 by Ord. No. 2015-02; 11-4-2019 by Ord. No. 2019-13]
No person may sell, or possess with intent to sell, fireworks, except:
A. 
To a person holding a permit under § 273-3C;
B. 
To a municipality; or
C. 
For a purpose specified under § 273-3B(2) through (6).
A. 
Permits required.
(1) 
Use permit required. No person may use fireworks without a user's permit approved by the Village Board. Use permits may be issued to a person listed under Subsection C(1) through (5) or Subsection C(6) if the display is open to the general public. No person may use fireworks or a device listed in § 167.10(1)(e) to (g) or (i) to (n), Wis. Stats., while attending a fireworks display for which a use permit has been issued.
[Amended 6-15-2015 by Ord. No. 2015-02]
(2) 
No person without a use permit may possess fireworks within the Village.
[Amended 11-4-2019 by Ord. No. 2019-13]
B. 
Permit exceptions. Subsection A above does not apply to:
(1) 
The Village, except that Village fire and law enforcement officials shall be notified of the proposed use of fireworks at least two days in advance.
(2) 
The possession or use of explosives in accordance with rules or general orders of the Wisconsin Department of Safety and Professional Services.
(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 Village 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 Village, the person remains in the Village for a period of at least 12 hours.
[Added 6-15-2015 by Ord. No. 2015-02]
C. 
Who may obtain a use permit. A use permit under this section may be issued only to the following:
[Amended 6-15-2015 by Ord. No. 2015-02]
(1) 
A public authority.
(2) 
A fair association.
(3) 
An amusement park.
(4) 
A park board.
(5) 
A civic organization.
(6) 
Any individual or group of individuals.
(7) 
An agricultural producer for the protection of crops from predatory birds or animals.
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. A permit under this section may 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 Village, 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 Village Clerk.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-02]
F. 
Required information for a use permit. A use permit under this section shall specify all of the following:
[Amended 6-15-2015 by Ord. No. 2015-02]
(1) 
The name and address of the permit holder.
(2) 
The date on and after which fireworks may be purchased.
(3) 
The kind and quantity of fireworks which may be purchased.
(4) 
The date and location of permitted use.
(5) 
Other special conditions prescribed by ordinance.
G. 
Copy of use permit. A copy of a use 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.
[Amended 6-15-2015 by Ord. No. 2015-02]
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.
D. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, Storage distance, as amended, was repealed 11-4-2019 by Ord. No. 2019-13.
E. 
Restriction on storage. No person may store fireworks within 500 feet of a public assemblage or place where gasoline or volatile liquid is sold in quantities exceeding one gallon, unless they are stored for fewer than 30 days. If they are stored for fewer than 30 days, the separation distance shall be not less than 50 feet.
[Amended 6-13-2013 by Ord. No. 2013-03]
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.