[HISTORY: Adopted by the Village Board of the Village of Hales Corners as § 14.03 of the Municipal Code. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
In this chapter, "fireworks" meanings anything manufactured, processed or packaged for exploding, emitting sparks, or combustion which does not have another common use, but does not include the following:
A. 
Fuel or a lubricant.
B. 
A firearm cartridge or shotgun shell.
C. 
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.
D. 
A match, cigarette lighter, stove, furnace, candle, lantern, or space heater.
E. 
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.
F. 
A toy snake which contains no mercury.
G. 
A model rocket engine.
H. 
Tobacco and a tobacco product.
I. 
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.
J. 
A device designed to spray out paper confetti or streamers and which contains less than 1/4 grain of explosive mixture.
K. 
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.
L. 
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.
M. 
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.
N. 
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.
O. 
A novelty device that spins or moves on the ground.
A. 
No person may sell or possess with intent to sell any fireworks, including those devices described in § 236-1F through N, within the Village limits. No person may possess or use fireworks without a user's permit from the Clerk of the Village following approval of the Chiefs of the Fire and Police Departments. A user's permit may be issued to a person listed under Subsection B(1) to (6).
[Amended 10-8-2001 by Ord. No. 01-09]
B. 
A permit under this section 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 agricultural producer for the protection of crops from predatory birds or animals.
C. 
A person issued a permit for crop protection shall erect appropriate warning signs disclosing the use of fireworks for crop protection.
D. 
No person may use a device listed under § 236-1F to N within the Village of Hales Corners except upon private property with the owner's consent.
E. 
No person may possess or use fireworks or a device listed under § 236-1F to N while attending any permitted fireworks display.
F. 
The Village Clerk or designee, if the Clerk is unavailable, 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 surety or insurer to all persons shall not exceed the amount of the bond or policy. The bond or policy, if required, together with a copy of the permit, shall be filed in the office of the Village Clerk.
G. 
A permit under this section shall specify all of the following:
(1) 
The name and address of the permit holder.
(2) 
The kind and quantity of fireworks which will be used.
(3) 
The date and location of permitted use.
(4) 
Other special conditions prescribed by ordinance.
H. 
A copy of a permit under this section shall be given to municipal fire and law enforcement officials at least two days before the date of authorized use.
I. 
A permit under this section may not be issued to a minor.
J. 
Permit applications must be filed with the Village Clerk no later than 5:00 p.m., June 27.
K. 
No person may use any device listed under § 236-1F to N within the Village of Hales Corners during a period of fire hazard conditions upon the declaration of an emergency by the Village President after consultation with the Fire Chief.
Fireworks stored, handled, sold, possessed, or used by a person in violation of this chapter, except as defined in § 236-2D, shall be seized. The fireworks shall be destroyed after conviction for a violation or otherwise returned to the owner.
A person who violates this chapter shall forfeit not more than $1,000. A parent or legal guardian of a minor who consents to the use of fireworks by the minor shall forfeit not more than $1,000.