As used in this chapter, "pyrotechnic display" means any display
of fireworks, as defined in § 167.10(1), Wis. Stats., but
excluding devices listed under § 167.10(1)(a) through (p),
Wis. Stats., for the purpose of producing a visible or audible effect
by combustion, deflagration, or detonation.
No person shall use any firework for a pyrotechnic display within
the City without first procuring a pyrotechnic display permit from
the City. Applications for such licenses will be submitted to the
City Clerk, or his or her designee, and approved by the City Clerk,
Fire Chief, Police Chief, and Chief Building Inspector, or their respective
designees. Permits will not be required for:
A. The use or sale of blank cartridges for circus and theatrical purposes,
or for signal purposes in athletic contests or sports events, or for
the use by militia, police, or military organizations.
B. The use or sale of flares for railway signal and motor vehicle emergency
warning purposes.
Applications for a pyrotechnic display permit will be made upon
forms provided by the City Clerk and will be submitted at least 30
days in advance of the date of the proposed display. All such applications
will contain the following information:
A. The name of the person, company, corporation, or other organization
sponsoring the pyrotechnic display, and the name and address of the
individual responsible for arrangements;
B. The date and time of the proposed pyrotechnic display;
C. The address and exact location of the proposed pyrotechnic display;
D. An alternate date and time for the proposed pyrotechnic display,
which may be used if the pyrotechnic display to be is canceled. No
pyrotechnic display shall be conducted on the alternate date unless
written approval is given by the City;
E. The name and address of the organization in charge of firing the
fireworks during the proposed pyrotechnic display;
F. The names and addresses of the specific individuals in charge of
firing the fireworks during the proposed pyrotechnic display;
G. The intended method of ignition for fireworks to be used during the
proposed pyrotechnic display;
H. The number and types of fireworks intended to be fired during the
proposed pyrotechnic display;
I. The ingredients of each type of fireworks intended to be fired during
the proposed pyrotechnic display;
J. The names and addresses of the specific individuals responsible for
recovering any unfired fireworks during and after the proposed pyrotechnic
display;
K. The location where the fireworks will be stored prior to the proposed
display; and
L. A diagram of the area where the pyrotechnic display will take place
that shows the firing area, fallout area, display site, distances
to any audience, buildings, roadways, and public pathways, and any
other special conditions as required by the Fire Chief, Police Chief,
or Chief Building Inspector, or their respective designees.
Each application will be accompanied by a permit fee which will
be shown in the schedule of fees, which is adopted annually by resolution
of the City Council. The fee is nonrefundable. The permit term will
be limited to the date listed.
Each application shall be accompanied by a certificate of insurance
issued by a company licensed to do business in the State of Wisconsin
providing liability coverage for injury to persons, property or loss
of life with limits of coverage not less than $1,000,000.
The Fire Chief, or his or her designee, will inspect an approved
pyrotechnic display site after a pyrotechnic display permit has been
granted, when the company in charge of the pyrotechnic display has
placed mortars, if applicable, and at any other time as deemed necessary
by the Fire Chief, or his or her designee.
The following provisions will apply to all places where fireworks
used in a pyrotechnic display are stored, handled, or displayed:
A. All premises shall be equipped with approved fire extinguishers and
any other equipment required by the Fire Chief, or his or her designee.
B. All premises where fireworks are stored shall be kept locked at all
times.
C. Smoking shall be prohibited within 50 feet of any premises where
fireworks are stored, and "No Smoking" signs will be posted in all
such locations.
D. Spectators at a pyrotechnic display will be restrained behind barriers,
which will be provided and placed by the permittee. Only authorized
persons and those in actual charge of the pyrotechnic display shall
be allowed inside these barriers during the preparation unloading,
or firing of any fireworks.
E. Fire staff will be on scene during all pyrotechnic displays permitted
by the City. The permitee will be charged for this service as set
forth in the schedule of fees, which is adopted annually by resolution
of the City Council.
F. Fireworks may not be displayed within 200 feet from the nearest spectator,
permanent building, public highway or thoroughfare, railroad or other
means of travel, or 50 feet from the nearest aboveground communications
or power line, tree, or other overhead obstruction.
G. Fireworks may not be stored or handled within 50 feet of a public
assemblage or place where gasoline or volatile liquid is dispensed
in quantities exceeding one gallon or within 50 feet of any dwelling.
H. All fireworks that fire a projectile over land will be so set up
that the projectile will go into the air as nearly as possible in
a vertical position.
I. Upon conclusion of any pyrotechnic display, the authorized individuals
responsible for recovery of any unfired fireworks shall make a complete
and thorough search for any unfired fireworks that failed to fire
or function during the display. Said person(s) will immediately dispose
of or remove in a safe manner any remaining fireworks.
The Fire Chief may, at his or her discretion, cancel any pyrotechnic
display for any reason. The City will not be required to issue a pyrotechnic
display permit for an alternate date if a display is canceled, and
the City shall not be liable for any costs incurred as a result of
the cancellation.
The City Clerk, Fire Chief, Police Chief, or Chief Building
Inspector, or his or her designee, may, at any time for good cause
shown, revoke, suspend, or deny issuance of any permit issued under
this chapter. Good cause will include, without limitation for lack
of enumeration herein, the following:
A. Any violation of the provisions of this chapter;
B. Any violation of building, zoning, or fire codes applicable to the
licensed premises;
C. Any violation of Wisconsin state law or the City of Fond du Lac Municipal
Code that is relevant to the operation of such business; and/or
D. Any conviction of the permitee for the illegal use of fireworks.