[HISTORY: Adopted by the Common Council of the City of Monona
as Title 7, Ch. 5, of the 1994 Code. Amendments noted where applicable.]
A.
Fireworks prohibited. No person may possess, use, sell or possess
with intent to sell fireworks except as allowed herein.
B.
Definitions.
(1)
FIREWORKS
As used in this chapter, the following terms shall have the meanings
indicated:
Anything manufactured, processed or packaged for exploding,
flying, hopping, jumping and/or emitting sparks or combustion, which
does not have another common use.
(2)
Any portion of current Ch. 167, Wis. Stats., or as hereafter amended,
not otherwise set forth herein, is hereby adopted by reference.
C.
Exclusions. The general prohibition against fireworks shall not apply
to or include any of the following:
(1)
A cap containing not more than one-quarter 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.
(2)
A toy snake which contains no mercury.
(3)
A sparkler on a wire or wood stick not exceeding 36 inches in length
or 0.25 inches in outside diameter, which does not contain magnesium,
chlorate or perchlorate.
(4)
A device designed to spray out paper confetti or streamers and which
contains less than one-quarter grain of explosive mixture.
(5)
A device designed to produce an audible sound but not explode, spark,
move or emit an external flame after ignition, and which does not
exceed three grams in total weight.
(6)
A fuseless device that is designed to produce audible or visible
effects or audible and visible effects, and that contains less than
one-quarter grain of explosive mixture.
(7)
A device that is designed primarily to burn pyrotechnic smoke-producing
mixtures at a controlled rate and that produce audible or visible
effects.
(8)
A cylindrical fountain that consists of one or more tubes and is
classified by the federal Department of Transportation as a Division
1.4 explosive, as defined in 49 CFR 173.50.
(9)
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.
(10)
Fuel or a lubricant.
(11)
A firearm cartridge, shotgun shell, explosives, ammunition and/or
blasting agents handled or utilized as provided by law.
(12)
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.
(13)
A match, cigarette lighter, stove, furnace, candle, lantern
or space heater.
(14)
Tobacco and a tobacco product.
(15)
The use or sale of blank cartridges for circus or theatrical
purposes, or signal purposes in athletic contest or sporting events,
or use by militia, police or military organizations.
D.
Pyrotechnic display permits.
(1)
This section shall not prohibit the use of fireworks for pyrotechnic
displays given by public authorities, fair associations, amusement
parks, park boards, civic organizations or groups of individuals that
have been granted a permit for such display by the City. No permits
shall be issued to minors.
(2)
Application for permits shall be made in writing at least 30 days
in advance of the date of the display, unless good cause is shown
for the need for a shorter time period, and shall specify: the name
and address of the permit holder; the kind and quantity of fireworks
which will be displayed; and the date and location of permitted use.
In addition, applicants must submit a site plan and pay a fee as established
by the Common Council in the City's Fee Schedule at the time of application.
After such permit has been issued, sale, possession, use and distribution
of fireworks for such display shall be lawful for the purpose only.
No permit granted hereunder shall be transferable.[1]
(3)
Every such display shall be handled by a competent adult operator
and shall be of such composition, character and so located, discharged
or fired as in the opinion of the Chief of Police, Fire Chief and/or
his or her designee shall not be hazardous to property or endanger
any person or persons.
(4)
Every permittee shall have and maintain adequate liability insurance
with minimum limits of $1,000,000 bodily injury and property damage,
combined single limit, naming the City, its officers, employees and
agents as additional insureds. Said insurance shall indemnify and
defend the City, its officers, employees and agents against all claims,
liability, loss, damages or expenses, whether caused by or contributed
to by the negligence of the City, its officers, employees or agents.
Said insurance shall provide that the City receive written notice
30 days prior to any cancellation, nonrenewal or material changes
in the policy. Proof of said insurance shall be submitted to the City.
E.
Permits for allowable devices. In the City of Monona it shall only be legal to sell or offer to sell the devices listed in Subsection C(1) through (9) (hereafter generally referred to as the "allowable devices"), subject to the following:
(1)
No retail sales or offices to sell allowable devices from a permanent
location shall occur without first obtaining a permit from the City.
No permits shall be issued to minors.
(2)
Application for such permit shall be made annually in writing at
least 30 days in advance of the sale or offer to sell and shall specify:
the name and address of the permit holder; the date on and after which
sales or offers to sell shall be made; and the kind, quantity and
location of each device to be offered for sale. In addition, applicants
shall pay a fee as established by the Common Council in the City's
Fee Schedule at the time of application. No permit granted hereunder
shall be transferable.[2]
(3)
Any permits granted shall be publicly displayed.
F.
Allowable devices - sale from temporary stands.
(1)
No sales or offers to sell "allowable devices" from a temporary stand
or location should occur without first obtaining a ten-day permit
from the City Clerk.
(5)
Application for such permit shall include satisfactory completion
of any required forms and the payment of fees as prescribed in the
City's Fee Schedule. The City shall make an investigation of the applicant
to determine whether the applicant possesses the qualifications necessary
for issuance of a permit under this section. These investigating officials
shall have four business days from the time of application in which
to report to the City Clerk their findings and recommendations.[6]
(6)
To be granted a permit, the following requirements shall be met:
(a)
Sales may only be permitted from properties zoned commercial
under the City's Zoning Code; sales are prohibited from properties
in other zoning classifications or from public properties or rights-of-way.
(b)
Applicants shall have written permission from the property owner
to engage in such sales activity.
(7)
Any permit granted shall be publicly displayed.
(8)
All signs associated with the sales activities shall comply with
the City's sign regulations; such signs are prohibited from being
attached to any traffic control device or utility pole and shall not
be located in a public right-of-way or encroach on the vision clearance
triangle of any intersection.
(10)
Conditions of license:[8]
(a)
Post "No Smoking" signs in fireworks sales and storage areas.
(b)
Storage should be at least 10 feet from all sources of ignition and
open flames.
(c)
Only sparklers, snakes, caps and/or party poppers can be offered
for sale.
(d)
At least one portable fire extinguisher shall be within 50 feet of
fireworks sales and/or storage area.
(e)
Fireworks prohibited in this chapter will not be offered for sale.
G.
Out-of-state. This section does not prohibit a resident wholesaler,
dealer or jobber from selling fireworks at wholesale, if that wholesaler,
dealer or jobber ships or delivers the fireworks outside of this state
in sealed opaque containers by, as defined in § 194.01(1),
(2) and (11), Wis. Stats., common motor carrier, contract motor carrier
or private motor carrier engaged in the business of shipping or delivering
property, or to a person or group granted a permit under this section.
(1)
No wholesaler, dealer or jobber may store or handle fireworks in
premises unless the premises is equipped with fire extinguishers approved
by the City.
(2)
No person may smoke where fireworks are stored or handled.
(3)
A person who stores or handles fireworks shall immediately notify
the City of the location, description and quantity of the fireworks.
(4)
No wholesaler, dealer or jobber may store fireworks within 50 feet
of a dwelling.
H.
Seizure. The Chief shall seize, at the expense of the owner, all
fireworks stored, handled, sold, possessed or used by any person who
violates this section.
I.
NFPA 1123 and NFPA 1126 are hereby adopted and incorporated by reference.
