[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The term "fireworks" as used in this chapter shall be defined as stated in § 167.10, Wis. Stats.
[HISTORY: Adopted by the Town Board of the Town of Lowell 4-1-2004 as Title 7, Ch. 5, of the 2004 Code of Ordinances. Amendments noted where applicable.]
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 Town Chairperson or from an official or employee of the Town as designated by the Town Board. No person may use fireworks or a device listed under § 167.10(1)(e) to (g) or (i) to (n), Wis. Stats., while attending a fireworks display for which a permit has been issued to a person listed under Subsection C(1) through (5) or under Subsection C(6) if the display is open to the general public.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Permit exceptions. Subsection A above does not apply to:
(1)
The Town, except that Town 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 Commerce.
(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)
The possession of fireworks in the Town while transporting 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 Town, the person remains in the Town for a period of at least 12 hours.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Who may obtain permit. A permit under this subsection may be issued only to the following:
(1)
A public authority.
(2)
A fair association.
(3)
An amusement park.
(4)
A park board.
(5)
A civic organization.
(6)
An individual or group of individuals.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(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. The Town Chairperson issuing a permit under this subsection 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 Town, 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 Town Clerk.
F.
Required information for permit. A permit under this subsection shall specify all of the following:
G.
Copy of permit. A copy of a permit under this subsection shall be given to the Fire Chief at least two days before the date of authorized use.
H.
Minors prohibited. A permit under this subsection 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 are 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.
Storage distance. No wholesaler, dealer or jobber may store fireworks within 500 feet of a dwelling.
E.
Restrictions 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.
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.