[HISTORY: Adopted by the Village Board of the Village of Salem Lakes at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
The Village has determined that the public health, safety and welfare will be promoted by adopting ordinances regulating the safe and orderly sale, possession and use of fireworks.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
FIREWORKS
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. 
Fuel or 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.
PERMANENT STRUCTURE
An enclosed structure having a roof supported by columns or walls which is permanently affixed to a foundation and intended for human occupancy or use. It does not include a tent, trailer, or other structure of a temporary nature which is not considered real property for tax assessment or other purposes.
A. 
Seller's permit required.
(1) 
Required. No person may sell, or possess with the intent to sell, fireworks without a seller's permit from the Village obtained in accordance with this section.
(2) 
Term. Seller's permits issued hereunder shall be for a term of not more than one year and shall expire on December 31 of each year. The Village shall charge a permit fee for each seller's permit as established by resolution of the Village Board from time to time. The permit fee shall not be prorated regardless of the date of issuance. The permit fee shall be based upon the Village's cost of inspecting and regulating fireworks sales at the site permitted within the Village.
(3) 
Application. Applicants for a seller's permit shall apply for each site, in writing ,on forms provided by the Village Clerk. Applications for a seller's permit shall be filed not later than 30 days prior to the granting of a seller's permit, and for those seeking a new seller's permit to be effective on July 1 the application shall be filed not later than June 1 of each year. A nonrefundable application fee for each site shall accompany each application, in an amount which shall be determined from time to time by resolution of the Village Board. The application for a seller's permit shall include, without limitation, the following information:
(a) 
Name, address, telephone number and e-mail address of the applicant;
(b) 
Address at which the applicant intends to sell the enumerated fireworks and description of the permanent structure to be used for the storage and sale of the fireworks;
(c) 
Name(s), address(es), and consent(s) of the owner(s) of the real estate upon which the enumerated fireworks will be sold;
(d) 
The proposed days and hours of operation and planned changes in days/hours of operation of in-season versus off-season sales;
(e) 
A description of the signage to be used in promoting and/or advertising the sale of fireworks; and
(f) 
A copy of the conditional use permit for the site approved by the Village.
(4) 
Seller's permit contents and conditions. If approved, the Village Clerk shall issue the seller's permit as provided below with conditions imposed noted on the seller's permit.
(a) 
In addition to any conditions set forth in the conditional use permit, the seller's permit shall specify the following:
[1] 
The name and address of the permit holder;
[2] 
Location of permitted operations and a description of the permanent structure to be used for the storage and sale of the fireworks;
[3] 
The kind and quantity of fireworks which may be sold under the permit; and
[4] 
The dates and hours of operations of permitted sales (on and off season).
(b) 
Prior to issuing the seller's permit, the applicant shall provide the Village with a certificate of insurance proving a policy of liability insurance in the amount of $2,000,000 per person and $4,000,000 in the aggregate for the payment of all claims that may arise by reason of injury to persons or property from the handling, use or discharge of fireworks under the permit. The liability policy shall name the Village as an additional insured. Such insurance shall be maintained by the applicant so long as it holds a seller's permit under this section.
(c) 
Prior to issuing the seller's permit, the applicant shall pay the permit fee for the seller's permit.
B. 
Sale. No person may sell, or possess with the intent to sell, fireworks, except:
(1) 
To the holder of a permit issued pursuant to § 283-4F;
(2) 
To a city, village or town;
(3) 
To a person who is not a resident of this state; or
(4) 
For a purpose specified under § 283-4B or 283-5C.
C. 
Location of sale.
[Amended 4-15-2019 by Ord. No. 2019.04-3]
(1) 
Sales of fireworks may only occur from a permanent structure that has been inspected and given written approval by the Village Building Inspector and the Village Fire Chief. All structures which hold (for the intent of later selling) or are utilized in the sale of fireworks shall be equipped with a fire sprinkler system, Knox box, fire alarm and any other fire safety equipment required by the Village Fire Chief and Village Board. Any additions to or changes of location must be approved by the Village Board.
(2) 
Notwithstanding the provisions of the foregoing Subsection C(1), the Village may authorize, as a temporary use, sale of fireworks from tents during 2019, subject to any conditions on such sales or locations established by the Board of Appeals, provided that no such temporary use may be authorized if the location of such temporary use is within five miles of more than two previously authorized temporary use locations for the sale of fireworks within the Village.
D. 
Number of permits limited. Only one seller's permit shall be issued to any individual, group of individuals, family, partnership, business, proprietorship or corporation per location.
E. 
Nontransferability of permit. No permit may be transferred, bartered, sold, given or assigned to another individual, group of individuals, family, partnership, business, proprietorship or corporation.
A. 
Permit required. No person may possess fireworks in the Village without a possessor's permit from the Village, obtained in accordance with the provisions of this section, except for a person transporting fireworks under § 167.10(3)(b)7, Wis. Stats., through the Village to another village, city or town in which case the possession and use of the fireworks is authorized so long as the person remains in the Village less than 72 hours.
B. 
Permit exceptions. Subsection A of this section does not apply to:
(1) 
The Village, except that Village 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 State Department of Safety and Professional Services.
(3) 
The disposal of hazardous substances in accordance with rules adopted by the State 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 material in connection with classes conducted by educational institutions.
(6) 
A possessor or manufacturer of explosives in possession of a license or permit under 18 U.S.C. §§ 841 to 848 if the possession of the fireworks is authorized under the license or permit.
(7) 
The possession of fireworks by a person who is not a resident of this state if the person does not use the fireworks in this state.
C. 
Permit issuance. The Village President, or an official or employee of the Village designated by the Village President, or an authorized vendor approved by the Village President may issue permits in compliance with this section. Any authorized vendor approved by the Village President shall comply with all recordkeeping, reporting and issuance procedures established by the Village from time to time. Any possessor's permit issued pursuant to this section may be issued in person or electronically, and such possessor's permits 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) 
Any individual or group of individuals.
(7) 
An agricultural producer for the protection of crops from predatory birds or animals.
D. 
Crop protection signs. A person issued a permit for crop protection shall erect appropriate warning signs, approved by the Village Plan Commission, disclosing the use of fireworks for crop protection.
E. 
Possessor's permit application. An applicant for a possessor's permit shall complete the application form on paper or electronically, as provided by the Village Clerk, that shall include, at a minimum, the following information:
(1) 
The name and address of the person applying for the possessor's permit and whether the permit is for an individual or on behalf of an organization; and
(2) 
The kind and quantity of fireworks that may be possessed.
F. 
Possessor's permit. A possessor's permit that is issued by the Village, either in person or electronically, shall specify the following:
(1) 
The name and address of the person authorized to possess fireworks under the permit.
(2) 
The date on and after which fireworks may be purchased.
(3) 
The kind and quantity of fireworks that may be purchased.
(4) 
Statements of limitation of liability for the Village and indemnification of the Village.
G. 
Possessor's permit fee. At the time of filing the permit application for the possession of fireworks, a nonrefundable permit fee shall be paid to the Village to cover the costs of processing the application. The fee shall be established by resolution of the Village Board and may be revised by Village Board resolution from time to time.
A. 
Permit required. No person may display or ignite fireworks in the Village without a display permit from the Village, obtained in accordance with the provisions of this section.
B. 
Prohibition. No person other than the holder of a permit authorizing display on that date and at that location may display or ignite fireworks or a device listed under Subsections E to G or I to N of the definition of "fireworks" in § 283-2 of this chapter while attending a fireworks display which is open to the general public.
C. 
Permit exceptions. Subsection A of this section does not apply to:
(1) 
The Village, except that Village fire and law enforcement officials shall be notified of the proposed use of fireworks at least two days in advance.
(2) 
The use of explosives in accordance with rules or general orders of the State Department of Safety and Professional Services.
(3) 
The disposal of hazardous substances in accordance with rules adopted by the State Department of Natural Resources.
(4) 
The use of explosive or combustible materials in any manufacturing process.
(5) 
The use of explosive or combustible material in connection with classes conducted by educational institutions.
D. 
Permit issuance. The Village President, or an official or employee of the Village designated by the Village President, may issue permits in compliance with this section, in person or electronically, and such display permits 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.
E. 
Crop protection signs. A person issued a permit for crop protection shall erect appropriate warning signs, approved by the Village Plan Commission, disclosing the use of fireworks for crop protection.
F. 
Display permit application. An applicant for a display permit shall complete the application form on paper or electronically, as provided by the Village Clerk, that shall include, at a minimum, the following information:
(1) 
The name and address of the person or entity applying for the display permit;
(2) 
The kind and quantity of fireworks that will be displayed;
(3) 
The date and location of the intended fireworks display; and
(4) 
Whether the user will invite the general public to the display.
G. 
Display permit.
(1) 
A display permit that is issued by the Village, either in person or electronically, shall specify the following:
(a) 
The name and address of the person authorized to display fireworks under the permit.
(b) 
Designation of the date and location for which the permit authorizes the display of fireworks.
(c) 
Whether the display is open to the public.
(d) 
Statements of limitation of liability for the Village and indemnification of the Village.
(e) 
The date and time of expiration of the permit.
(f) 
Other special conditions necessary to protect the public health, safety and welfare as prescribed by ordinance or the Village President, including restrictions limiting the manner of use and distances from buildings and spectators.
(2) 
The Village Clerk shall provide a copy of any display permit issued under this section to the Village's Fire Chief and law enforcement at least two days before the date of authorized use.
H. 
Display permit fee. At the time of filing the permit application for the display of fireworks, a nonrefundable permit fee shall be paid to the Village to cover the costs of processing the application. The fee shall be established by resolution of the Village Board and may be revised by Village Board resolution from time to time.
I. 
Indemnity. The Village may 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 any display permit. The bond or policy, if required, 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 the 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.
J. 
Cancellation and rescheduling. A display authorized by a display permit may be cancelled and rescheduled by the Village President or by the Village Fire Chief if the weather or other circumstances make it unsafe to conduct the display. Upon cancellation, the Village President shall work with the permit holder to set a rescheduled date and the Village Clerk shall cause a notice of rescheduled date to be posted at the Village Hall, designated display site and such other locations the Village Clerk deems necessary to provide notice to the public.
A party requesting a display permit and/or a seller's permit has the ultimate responsibility for his or her own safety and for the safety of all persons who may be affected by their activity. The issuance of a display permit or a seller's permit shall not be interpreted as endorsing or condoning the activity or as ensuring that the activity will be safe. An applicant for a display permit and/or a seller's permit individually and on behalf of any entity for which the applicant submits the application, and also on behalf of the property owner where the activity will be conducted, accepts all risks and agrees to indemnify, defend and hold the Village of Salem Lakes, its officers, employees and agents harmless from any and all claims arising out of the use, sale or possession of the fireworks.
No permit issued pursuant to the provisions of this chapter shall be issued to a minor, nor shall the holder of a permit sell or provide fireworks to a minor.
Any seller's or user's permit issued under this chapter may be suspended or revoked, in writing, by the Village Board for any of the following reasons:
A. 
Fraud, misrepresentation or a false statement contained in the application for the permit.
B. 
Any violation of this chapter.
C. 
Conducting the business of fireworks sales in an unlawful manner or in such a manner as to constitute a breach of the peace or general health, safety and welfare of the public.
D. 
Verification by the Fire Chief or Building Inspector that the premises, means of storage, methods of sale or other operation related to the sale, storage or handling of fireworks is unsafe or does not meet any applicable governmental regulations.
No permit shall be issued under this chapter for a period longer than one year. All seller's and possessor's permits issued under the provisions of this chapter shall expire at 12:00 midnight on June 30. All display permits issued under this chapter shall expire as specifically set forth in the permit.
Any applicant aggrieved by the action of the Village in the denial, suspension or revocation of a permit under this chapter may appeal such denial, suspension or revocation to the Village Board. The appeal shall be taken by filing with the Village Clerk, within 14 days after notice of the action complained of, a written statement fully setting forth the grounds of the appeal. The Village Board shall set a time and place for a hearing on such an appeal and notice shall be mailed by the Village Clerk to the appellant at the last known address at least five days prior to the date set for the hearing, or shall be delivered by a peace officer in the same manner as the summons in a civil action at least three days prior to the date set for the hearing.
A. 
Fire extinguishers required. No wholesaler, dealer or jobber may store or handle fireworks at any premises unless the premises is equipped with fire extinguishers approved by the Fire Chief.
B. 
Smoking prohibited. No person may smoke where fireworks are stored or handled.
C. 
Notification of Fire Chief. A person who stores or handles fireworks shall notify the Village Fire Chief of the location of the fireworks.
D. 
Storage distance. No wholesaler, dealer or jobber may store fireworks within 50 feet of a dwelling. No wholesaler, dealer or jobber may store fireworks closer than 250 feet to the storage facility lot line unless otherwise approved under a seller's permit.
E. 
Storage restriction. No person may store fireworks within 250 feet of a public assemblage or place where gasoline or volatile liquid is sold in quantities exceeding one gallon unless otherwise approved under the applicable permit.
F. 
Storage in vehicles prohibited. No person may store fireworks within any motor vehicle, vehicle trailer of any kind or part of a vehicle for a period of time greater than 24 hours.
G. 
Inspections. The Fire Chief and other authorized safety officials shall perform an annual inspection of every premises where fireworks are stored pursuant to a seller's permit issued under this chapter. The Fire Chief may inspect other premises where fireworks are stored within the Village and may order corrections to the storage method as he deems necessary. Any person storing fireworks shall comply with any orders by the Fire Chief or his designee to correct and a failure to do so shall be a violation of this chapter.
A parent or legal guardian of a minor who consents to the possession or use of fireworks by the minor is liable for damages caused by the use or possession of the fireworks by the minor.
Any person who violates the provisions of this chapter, or any permit issued in accordance with this chapter, shall, upon conviction, forfeit not less than $100 and not more than $1,000, together with statutory costs of prosecution. In default of payment of such forfeiture and costs, the violator shall be imprisoned in the county jail until payment thereof, but not exceeding 90 days. Each day a violation exists or continues shall constitute a separate offense which shall subject the violator to a separate penalty.
The provisions of this chapter restricting the sale of fireworks to permanent structures will take effect and be enforced from and after January 1, 2019. The remaining provisions of this chapter shall take effect and be enforced from and after its passage and publication as required by law.