[HISTORY: Adopted by the Town Board of the Town of Arbor Vitae 5-21-1997 by Ord. No. 1-97. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Are defined as follows: 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:
- A. 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.
- B. A toy snake which contains no mercury.
- C. 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.
- D. A device designed to spray out paper confetti or streamers and which contains less than one-quarter grain of explosive mixture.
- E. 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.
- F. 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.
- G. 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.
- H. 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.
Except as otherwise provided for by this chapter, the sale or use of fireworks as defined herein is prohibited in the Town of Arbor Vitae.
Permits for the use of fireworks in the Town of Arbor Vitae, for public displays, may be issued by the Fire Chief to the following:
A person issued a permit for crop protection erects appropriate warning signs disclosing the use of fireworks for crop protection.
Before a permit may be issued for the use of fireworks under this chapter, the applicant shall furnish either an indemnity bond with good and sufficient sureties or a policy of liability insurance for the payment of all claims that may arise by reason of injuries to persons or property from the handling, use or discharge of fireworks under the permit. Such bond or policy shall be taken in the name of the Town of Arbor Vitae. The bond, or policy, shall be maintained with a copy of the permit in the office of the Clerk.
Permits issued under this section shall contain the following:
A copy of the permit under this subsection shall be given to the volunteer fire department at least two days prior to the date of authorized use.
No permit shall be issued to a minor.
Nothing contained herein shall be construed to prohibit the possession of fireworks while they are being transported to a city, Town, village or county where the possession of the fireworks is authorized by permit or ordinance.
Violation of this chapter may be penalized by a forfeiture of $300 for the first offense and $500 for subsequent offenses for the sale of fireworks. Forfeiture of $25 for the first offense and $200 for subsequent offenses for the possession of fireworks. This chapter may be enforced by injunctive relief in a court of competent jurisdiction.