The provisions of this article shall specifically identify the storage, handling, sale, use and display of fireworks as defined in this article.
A. 
Definition. The term "fireworks" as used in this article shall be defined as stated in § 167.10, Wis. Stats.
B. 
Purchasing or using fireworks. It shall be unlawful for any person, firm or corporation to purchase at retail, use, fire, set off, discharge, or set in motion or to ignite within the limits of the Village of Fox Crossing any fireworks as described in this section, except as provided in § 218-43.
C. 
Sale or disposal of fireworks. It shall be unlawful for any person, firm or corporation to offer for sale at retail or to sell at retail, to loan, barter, deliver or give away, or in any other way to dispose of within the Village of Fox Crossing any fireworks as defined in this section. A seller's permit may be granted to persons, firms or corporations, provided that an application is filed with the Village of Fox Crossing Clerk's office. The application must be received at least five working days prior to the requested sale start date on the permit application. The Village Clerk may issue a seller's permit, which shall be posted on location after a fire inspection has been completed. Holders of permits as provided in this section may sell all items that are listed under § 167.10(1)(e), (f), (i), (j), (k), (L), (m), (n) and (p), Wis. Stats. A fee as prescribed in the Village Fee Schedule shall be paid for required inspections.
D. 
Professional displays allowed.
(1) 
The Fox Crossing Fire Department, Fire Prevention Bureau, may adopt reasonable rules and regulations for the granting of permits for supervised displays of fireworks by fair associations, amusement parks, and other organizations or groups of individuals.
(2) 
Every such display shall be handled by a competent operator licensed or certified as to competency by the Fire Prevention Bureau, and shall be of such a composition, character, and so located, discharged or fired as in the opinion of the Chief of the Fire Department, after proper inspection, and of the Chief of Police shall not be hazardous to property or endanger any person or persons. After such privilege shall have been granted, sales, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
E. 
Bond required. The Village Board shall require a bond from the licensee in a sum not less than an amount set forth in the Village Fee Schedule, reference this Code section, conditioned on compliance with the provisions of this article and regulations of the Fire Prevention Bureau adopted hereunder.
F. 
Liability insurance. Before any permit for a pyrotechnic display shall be issued, the person, firm, or corporation making application therefor shall file a certificate of liability insurance in the amount of not less than $300,000 per accident and $500,000 per occurrence to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such person, firm, or corporation or any agent or employee thereof, in such amount, character, and form as the Fire Prevention Bureau determines to be necessary for the protection of the public.
G. 
No permit shall be issued under the provisions of this article to a nonresident person, firm, or corporation for conduct of a pyrotechnic display in this Village until such person, firm, or corporation shall have appointed, in writing, a member of the bar of this state and residing therein to be his attorney upon whom all process in any action or proceeding against him may be served.
H. 
The Fox Crossing Police Department shall seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this article.
A. 
Application for a permit to operate a professional display of fireworks in conformance with the terms of this article shall be made, in writing, on forms provided by the Village Clerk's office to the Chief of the Fire Department. Application must be filed with the Village Clerk at least 30 days prior to the display. The Village President may waive the thirty-day application deadline at his or her discretion.
B. 
Such application shall require the following:
(1) 
The name of the organization sponsoring the display, together with the names of persons actually in charge of firing of the display.
(2) 
Evidence of financial responsibility.
(3) 
The date and time of day at which the display is to be held.
(4) 
The exact location planned for the display.
(5) 
A description setting forth the age, experience, and physical characteristics of the persons who are to do the actual discharging of the fireworks.
(6) 
The number and kinds of fireworks to be discharged.
(7) 
The manner and place of storage of such fireworks prior to the display.
(8) 
A diagram of the grounds on which the display is to be held, showing the point at which the fireworks are to be discharged, the location of all buildings, highways and other lines of communications, the lines behind which the audience will be restrained, and the location of all nearby trees, telegraph or telephone lines or other overhead obstruction.
C. 
Upon receipt of such application, at least 15 days in advance of the date set for this display, the Chief of the Fire Department shall make or cause or be made an investigation of the site of the proposed display for the purpose of determining whether the provisions of these regulations are complied with in the case of the particular display. He shall confer with the Chief of the Police Department about the application and whether issuance of a permit would be consistent with public safety. Being satisfied that the display is properly lawful, the Chiefs of the Police and Fire Departments shall together endorse the application, stating that they approve the display as being in conformance with all parts of the law and with these regulations. Failure to approve the application by either the Fire Chief or Police Chief shall be sufficient cause to deny permit.
D. 
The application, following endorsement by the Chiefs of the Fire and Police Departments, shall be sent to the Village Clerk, who shall then, upon receipt of evidence of financial responsibility and other criteria as required by this article, place the application on the next Village Board meeting for approval. Should the application be approved, the Village Clerk shall issue a nontransferable permit authorizing the display.
E. 
It will be the responsibility of the Village Clerk to ensure that the public is notified of the display by means of posting a notice of the location, date, and time of the fireworks display at the three approved posting sites. The Village Clerk may also utilize the Village's website, electronic message center signs, and other means available.
F. 
No permit shall be granted for any display of fireworks where the discharge, failure to fire, faulty firing, or fallout of any fireworks or other objects would endanger persons, buildings, structures, forests, or brush, nor in any case where the point at which fireworks are to be fired is less than 200 feet from the nearest permanent building, public highway, railroad, or other means of travel or 50 feet from the nearest aboveground telephone or telegraph line, tree, or other overhead obstruction. In no case shall such a display be within 500 feet of a school, theater, church, hospital, or similar institution.
G. 
Spectators at a display of fireworks shall be restrained behind lines or barriers as designated by local authorities but in no case less than 200 feet from the point at which the fireworks are to be discharged. Only authorized persons and those in actual charge of the display shall be allowed inside these lines or barriers during the unloading, preparation, or firing of fireworks.
H. 
All fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearly as possible in a vertical direction, provided that where such fireworks are to be fired beside a lake or other large body of water, they may be directed in such a manner that the falling residue from the deflagration will fall into the said body of water.
I. 
Any fireworks that remain unfired after the display is concluded shall be immediately disposed of or removed in a manner safer for the particular type of fireworks. The debris from the discharged fireworks shall be properly disposed of by the operator before he leaves the premises. The operator, upon conclusion of the display, shall make a complete and thorough search for any unfired fireworks or pieces which failed to fire or function and shall dispose of them in a safe manner. Such search shall be instituted at the earliest possible time following the conclusion of the display but in no event later than the first period of daylight which follows.
J. 
No fireworks display shall be held during any windstorm in which the wind reaches a velocity of more than 20 miles per hour.
K. 
All fireworks articles and items at places of display shall be stored in a manner and in a place secure from fire, accidental discharge, and theft and in a manner approved by the Fire Prevention Bureau.
L. 
The person in actual charge of the firing of the fireworks in a display shall be able-bodied, at least 18 years of age, competent for the task, and so certified by the Fire Prevention Bureau. Such operator shall have his certificate of competency in his possession when engaged in conducting a display and shall exhibit same on request of any authorized person. Said certificate of competency may be revoked by the Fire Prevention Bureau or the Fox Crossing Police Department for any violation of these regulations or where the holder's conduct or condition of sobriety is such as to imperil the public safety. Each person assisting the certified operator shall be able-bodied, at least 18 years of age, and capable of reading, writing, speaking, and understanding the English language.
M. 
There shall be at all times no fewer than two operators of the display constantly on duty during the discharge, at least one of whom shall be certified.
N. 
Fire protection and extinguishing equipment shall be provided as required by the Chief of the Fire Department.
See § 218-51D of this chapter.
See § 218-50G of this chapter.