[HISTORY: Adopted by the Town Board of the Town of Algoma 12-17-1980 by Ord. No. 18. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 184.
As used in this chapter, the following terms shall have the
meanings indicated:
As defined in § 167.10, Wis. Stats.[1]
A.
No person, firm, copartnership, or corporation shall offer for sale,
expose for sale, sell or retail, keep with intent to sell at retail,
or use or explode any fireworks, except by permit issued by the Town
Administrator or designee for supervised displays of fireworks by
fair associations, amusement parks, civic organizations or groups
of individuals or for the protection of crops from predatory birds
or animals by agricultural producers pursuant to the rules and regulations
hereinafter adopted by this chapter and with the approval of the Town
Administrator or designee.
B.
Such permits may be granted upon application to the Town Administrator
or designee and the filing of a bond by the applicant as provided
hereinafter. Every such display shall be handled by a competent operator
licensed or certified as to competency by the Town Fire Chief and
shall be of such composition and character and so located, discharged
or fired as in the opinion of the Town Fire Chief, after proper inspection,
shall not be hazardous to property or endanger any person or persons.
After such privilege shall have been granted, sales, possession, use
and distribution of fireworks for such display shall be lawful for
that purpose only. No permit granted hereunder shall be transferable.
The Town Board shall require a bond from the licensee in a sum
of not less than $1,000 conditioned upon compliance with the provisions
of this chapter.
Before any permit for a pyrotechnic display shall be issued,
the person, firm, or corporation making application therefor shall
file a certificate of liability insurance in the amount of not less
than $100,000 per accident and $300,000 per occurrence to satisfy
claims for damages to property or personal injuries arising out of
any act or omission on the part of such person, firm, or corporation
or any agent or employee thereof, in such amount, character, and form
as the Town Board determines to be necessary for the protection of
the public.
No permit shall be issued under the provisions of this chapter
to a nonresident person, firm, or corporation for conduct of a pyrotechnic
display in this Town until such person, firm, or corporation shall
have appointed in writing a member of the bar of this state and residing
therein to be his attorney upon whom all process in any action or
proceeding against him may be served.
Nothing in this chapter shall be construed to prohibit the use
of fireworks by railroads or their transportation agencies for signal
purposes or illumination, or the sale or use of blank cartridges for
a show or theater, or for signal or ceremonial purposes in athletics
or sports, or for use by military organizations, or the use of fireworks
for agricultural purposes under conditions approved by the Town Board.
The Town Administrator or designee shall seize, take, remove,
or cause to be removed at the expense of the owner all stocks of fireworks
or combustibles offered or exposed for sale, stored, or held in violation
of this chapter.
The fee for such permit shall be set by the Town Board, shall
be payable upon filing the application and shall not be refundable
in event of denial of the permit.
Any person, firm, copartnership, or corporation violating the
provisions of this chapter, upon conviction thereof, shall be punished
by a fine not less than $100 nor more than $1,000.
A.
Application
for a permit to operate a display of fireworks in conformance with
the terms of this chapter shall be made in writing on forms provided
by the Town Clerk to the Town Administrator or designee.[1]
B.
Such application
shall set forth:
(1)
The
name of the organization sponsoring the display together with the
names of the persons actually in charge of the firing of the display.
(2)
Evidence
of financial responsibility.
(3)
The
date and time of day at which the display is to be held.
(4)
The
exact location planned for the display.
(5)
A
description setting forth the age, experience, and physical characteristics
of the persons who are to do the actual discharging of the fireworks.
(6)
The
number and kinds of fireworks to be discharged.
(7)
The
manner and place of storage of such fireworks prior to the display.
(8)
A
diagram of the grounds on which the display is to be held showing
the point at which the fireworks are to be discharged, the location
of all buildings, highways and other lines of communication, the lines
behind which the audience will be restrained, and the location of
all nearby trees, telegraph or telephone lines or other overhead obstruction.
C.
Upon receipt
of such application at least 45 days in advance of the date set for
this display, the Chief of the Fire Department shall make or cause
to be made an investigation of the site of the proposed display for
the purpose of determining whether the provisions of these regulations
are complied with in the case of the particular display. Being satisfied
that the display is properly lawful, the Chief of the Fire Department
shall endorse the application, stating that he approves the display
as being in conformance with all parts of the law and with these regulations.
Failure to approve the application by the Fire Chief shall be sufficient
cause to deny a permit.[2]
D.
The application,
following endorsement by the Chief of the Fire Department, shall be
sent to the Town Clerk who shall then, upon receipt of evidence of
financial responsibility as required by ordinance in such cases, issue
a nontransferable permit authorizing the display.
A.
No permit
shall be granted for any display of fireworks where the discharge,
failure to fire, faulty firing, or fallout of any fireworks or other
objects would endanger persons, buildings, structures, forests, or
brush, nor in any case where the point at which the fireworks are
to be fired is less than 200 feet from the nearest permanent building,
public highway, railroad, or other means of travel or 50 feet from
the nearest aboveground telephone or telegraph line, tree, or other
overhead obstruction. In no case shall a display be within 500 feet
of a school, theater, church, hospital, or similar institution.
B.
Spectators
at a display of fireworks shall be restrained behind lines or barriers
as designated by local authorities but in no case less than 200 feet
from the point at which the fireworks are to be discharged. Only authorized
persons and those in actual charge of the display shall be allowed
inside these lines or barriers during the unloading, preparation,
or firing of fireworks
C.
All fireworks
that fire a projectile shall be so set up that the projectile will
go into the air as nearly as possible in a vertical direction, provided
that, where such fireworks are to be fired beside a lake or other
large body of water, they may be directed in such a manner that the
falling residue from the deflagration will fall into said body of
water.
D.
Any fireworks
that remain unfired after the display is concluded shall be immediately
disposed of or removed in a manner safe for the particular type of
fireworks. The debris from the discharged fireworks shall be properly
disposed of by the operator before he leaves the premises. The operator,
upon the conclusion of the display, shall make a complete and thorough
search for any unfired fireworks or pieces which failed to fire or
function and shall dispose of them in a safe manner. Such search shall
be instituted at the earliest possible time following the conclusion
of the display but in no event later than the first period of daylight
which follows.
E.
No fireworks
display shall be held during any windstorm in which the wind reaches
a velocity of more than 20 miles per hour.
F.
All fireworks
articles and items at places of display shall be stored in a manner
and in a place secure from fire, accidental discharge, and theft and
in a manner approved by the Fire Chief.
A.
The person
in actual charge of the firing of the fireworks in a display shall
be able-bodied, at least 18 years of age, competent for the task,
and so certified by the Fire Chief. Such operator shall have his certificate
of competency in his possession when engaged in conducting a display
and shall exhibit the same on request of any authorized person. Said
certificate of competency may be revoked by the Fire Chief for any
violation of these regulations or where the holder's conduct or condition
of sobriety is such as to imperil the public safety. Each person assisting
the certified operator shall be able-bodied, at least 18 years of
age, and capable of reading, writing, speaking, and understanding
the English language.
B.
There
shall be at all times no fewer than two operators of the display constantly
on duty during the discharge, at least one of whom shall be certified.
A.
Fire protection
and extinguishing equipment shall be provided as required by the Chief
of the Fire Department.
B.
The person
to whom a permit has been issued shall arrange for the detailing of
one member of the Fire Department or such larger number as may be
deemed necessary by the Chief of the Fire Department. Fire Department
personnel shall be on duty from the time the fireworks are delivered
at the site until the termination of the display and the removal of
all fireworks and debris from the site. The expense for such firefighters
shall be paid by the permittee.
