[HISTORY: Adopted by the Village Board of Trustees of the Village of Slinger as Secs. 9.03 and 16.12 of the former Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 336.
A. 
Definitions. For the purposes of this section, the following definitions shall apply:
FIREWORKS
Fireworks means anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use, and specifically includes everything within the definition of "fireworks" as described within § 167.10(1), Wis. Stats., specifically including, without limitation by reason of enumeration, subsections 1(e) (caps), 1(f) (toy snakes), 1(i) (sparklers), 1(k) (fuseless devices), 1(L) (smoke-producing devices), 1(m) (cylindrical fountains), and 1(n) (cone fountains).
NOVELTY FIREWORKS
Only the following items:
(1) 
SPARKLERSA 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.
(2) 
POPPERSA device designed to spray out paper confetti or streamers and which contains less than 1/4 grain of explosive mixture.
(3) 
SMOKE BALLSA 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, and which contains less than 1/4 grain of explosive mixture.
(4) 
TOY SNAKESA toy snake which contains no mercury, and which contains not more than 1/4 grain of explosive mixture.
(5) 
PUNKSA substance that smolders when ignited that contains not more than 1/4 grain of explosive mixture, which is used to light fireworks.
POSSESSION
The act, fact or condition of having control, custody, or care of fireworks; storage of fireworks; or handling of fireworks.
PUBLIC DISPLAY
Use of fireworks at an event that is open to the public or to which the public may be invited, which may be on publicly owned or privately owned property, with or without charge.
B. 
Prohibition. All sale, possession or use of fireworks is prohibited in the Village of Slinger, subject to the exceptions noted in Subsection C.
C. 
Exceptions. The prohibitions of Subsection B shall not apply in the following strictly limited circumstances:
(1) 
In transit. Possession of fireworks is not prohibited during transportation of the fireworks to a city, town, village or county where the possession of the fireworks is authorized by permit or ordinance, provided that the fireworks remain in the Village for a period of less than 12 hours.
(2) 
Public display. Upon petition to the Village Board, the Village Board may authorize public display of fireworks, and fireworks storage in preparation for the public display, subject to such reasonable conditions as the Village Board may impose. Refer to § 266-2, Fireworks display permit, for information on the procedures for obtaining a display permit.
(3) 
Possession of small quantities of novelty fireworks. Novelty fireworks may be possessed within the Village, provided that the total quantity of all such novelty fireworks on a single lot is less than 10 pounds gross weight, which includes the weight of all packaging material.
(4) 
Sale of small quantities of novelty fireworks. Novelty fireworks may be sold within the Village, provided that the quantity limitations for possession of novelty fireworks described in Subsection C(3) shall be met by all sellers and purchasers of such items.
(5) 
Use of small quantities of novelty fireworks. Novelty fireworks may be used within the Village, provided that the quantity limitations for possession of novelty fireworks described in Subsection C(3) shall be met by all users. The time, place and manner of use shall be such that it does not constitute a public nuisance in violation of Chapter 336, Nuisances, of this Code.
D. 
Seizure of fireworks. The Police Department shall seize, at the expense of the owner, all fireworks stored, handled, sold, possessed or used by any person who violates this section or state laws adopted herein. Such seized fireworks shall be destroyed after conviction for a violation or if no conviction occurs, shall be returned to the owner.
E. 
Penalties and remedies. In addition to, and not the exclusion or prejudice of, such other penalties and remedies as may apply, any person who violates this section shall be subject to the penalties and remedies set forth in Chapter 1, General Provisions, Article I, Construction and Penalties, of the Village Code.
A. 
Display permit. As provided in § 167.10(3), Wis. Stats., the Village of Slinger may regulate the issuance of fireworks user's permits. As further provided in § 266-1 of this chapter, the Village of Slinger prohibits the sale, possession and use of fireworks, subject to certain exceptions, one of which relates to public displays of fireworks. The user's permit for such a public display, known as a display permit, shall be subject to the procedures and limitations of this subsection.
B. 
Limited events. Display permits may be issued for festivals and public or private celebrations that satisfy the definition of public display set forth in § 266-1A of this chapter.
C. 
Application. The party responsible for the display shall file an application with the Village Clerk on forms provided by the Village Clerk. The fee for a display permit shall be paid at the time of the application in the amount set by Village Board resolution. The permit application must be received by the Village Clerk not less than 30 days prior to the requested date of use and not less than two weeks before a scheduled Village Board meeting. The application must include a list of the fireworks to be used in the display and a map of the location indicating where the display will take place.
D. 
Fire Department review. The Village Clerk shall provide a copy of all display permit applications to the Slinger Fire Department for review and recommendation to the Village Board.
E. 
Village Board action. No permit shall be granted by the Village President unless the Village Board determines that the applicant will use the fireworks in a festival or public or private celebration that constitutes a public display pursuant to § 266-1A of this chapter and that all reasonable precautions will be exercised with regard to the protection of the lives and property of all persons and that the display will be handled by a competent professional operator and conducted in a suitable, safe place and manner. Before the Village President executes any fireworks permit approved by the Village Board, the applicant shall file with the Village Clerk a certificate of liability insurance issued by an insurance company authorized to write such policies in the State of Wisconsin in the amount of $1,000,000 for bodily injury to any one person, in the amount of $2,000,000 for injury to more than one person, and in the amount of $1,000,000 for damage to property that may arise by reason of use or discharge of fireworks under the permit. The Village of Slinger shall be named as one of the insureds in said policy of insurance.
F. 
Limitations. This section implements § 167.10, Wis. Stats., and is subject to municipal liability described therein. No findings or action taken by the Village Board per this section, even if made in error, shall relieve the permittee or operator from the obligation to ensure that their activities are conducted in a safe and lawful manner, to protect people and property, nor does the Village assume any such responsibility.
G. 
Permit. A permit under this subsection shall specify all of the following and shall be subject to the following conditions:
(1) 
The name, address, and telephone number of the permit holder.
(2) 
The date, time and location of permitted use.
(3) 
Other special conditions prescribed by ordinance or the Village Board in its approval.
(4) 
Such other information or limitations as the Village may require from time to time.
(5) 
The permit shall be revoked when a no-burn order is in place on the date of display.
(6) 
As stated in NFPA 1123, whenever in the opinion of the AHJ (authority having jurisdiction), the Village of Slinger or the operator any hazardous condition exists, the fireworks display shall be stopped until the condition is corrected. If high winds, precipitation or other adverse weather conditions prevail or begin such that a hazard exists, the fireworks display shall be postponed or discontinued immediately until such time as the situation is corrected. The Village of Slinger may revoke the permit due to hazardous conditions or adverse weather conditions on the date of the display.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Revocation of permit.
(1) 
If a permit is revoked under § 266-2G(5) or (6), at the request of the applicant:
(a) 
The permit may be reissued for a subsequent date within 60 days of the revoked date of display subject to staff approval; or
(b) 
The permit application fee may be reimbursed to the applicant less a $25 administrative fee.
(2) 
The permit holder shall give notice of such display to the Village Fire Chief and Village Chief of Police at least five days before the date of authorized use, along with a copy of the permit, or the display permit is void.
(3) 
A permit under this subsection may not be issued to a person under 18 years of age.