[HISTORY: Adopted by the Village Board of the Village of
Athens 11-22-2004 as Title 7,
Ch. 6, of the 2004 Code. Amendments noted where applicable.]
As used 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:
Fuel or a lubricant.
A firearm cartridge or shotgun shell.
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.
A match, cigarette lighter, stove, furnace, candle, lantern
or space heater.
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.
A toy snake which contains no mercury.
A model rocket engine.
Tobacco and a tobacco product.
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.[1]
A device designed to spray out paper confetti or streamers and
which contains less than 1/4 grain of explosive mixture.
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.[2]
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.[3]
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.[4]
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.[5]
A novelty device that spins or moves on the ground.[6]
No person may sell or possess with intent to sell fireworks,
except:
A.
Permit required. No person may possess or use fireworks without a user's permit from the Village President or from an official or employee of the Village as designated by the Village Board. No person may use fireworks or a device listed under Subsections E to G and I to N in the definition of "fireworks" in § 240-1 while attending a fireworks display for which a permit has been issued to a person listed under Subsection C(1) to (5) or under Subsection C(6) if the display is open to the general public. A fee as prescribed in the Village Fee Schedule shall be paid at the time of application.
B.
Permit exceptions. Subsection A above does not apply to:
(1)
The Village, except that Village fire 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.[1]
C.
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. The Village President 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 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.[3]
F.
Required information for permit. A permit under this section shall
specify all of the following:
G.
Use restrictions. Permitted fireworks may only be used if such use
is a minimum of 25 feet away from any structure. Use of fireworks
is prohibited after 12:30 a.m.
H.
Copy of permit. A copy of a permit under this section shall be given
to the Fire Chief at least two days before the date of authorized
use.
I.
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.
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.
Temporary or seasonal sale of fireworks from a temporary sales stand, not to exceed 30 days in one calendar year, is permitted only after issuance of a zoning conditional use permit as prescribed by Chapter 480, Zoning, of this Code.
