[HISTORY: Adopted by the Town Board of the Town of Koshkonong
as Title 7, Ch. 6, and Sec. 11-2-2 of the 1996 Code. Amendments noted
where applicable.]
[Amended 3-13-2019 by Ord. No. 1]
As used in this chapter, the following terms shall have the
meanings indicated:
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:
Fuel or a lubricant.
A firearm cartridge or shotgun shell.
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.
A match, cigarette lighter, stove, furnace, candle, lantern
or space heater.
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.
A toy snake which contains no mercury.
A model rocket engine.
Tobacco and a tobacco product.
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.
A device designed to spray out paper confetti or streamers and
which contains less than one-quarter grain of explosive mixture.
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.
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.
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.
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.
A novelty device that spins or moves on the ground.
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 § 278-1E through G and I through N while attending a fireworks display for which a permit has been issued to a person listed under Subsection C(1) through (5).
[Amended 3-13-2019 by Ord. No. 1]
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 Safety and Professional Services.
(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.
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.
I.
Permit
fee required as set forth in the Fee Schedule.
[Added 3-13-2019 by Ord.
No. 1]
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.
[Added 3-13-2019 by Ord.
No. 1]
A person violating this chapter shall forfeit not more than
$1,000.
