As used in this chapter, the following terms shall have the
meanings indicated:
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:
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.
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.
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, that contains less than 1/4 grain of explosive mixture.
L.
A device is designed primarily to burn pyrotechnic smoke producing
mixtures, at a controlled rate, and that produces audible or 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 is classified by the Federal Department of Transportation
as a Division 1.4 explosive, as defined in 49 CFR 173.50; provided
however, items that explode and/or leave the ground shall be considered
fireworks.
PERSON
Includes a corporation, firm partnership, association, organization
and any other group acting as a unit as well as individuals, including
a personal representative, receiver or other representative appointed
according to law. Whenever the term "person" is used in any section
of this chapter prescribing a penalty or fine, as to partnerships
or associations, the work shall include the partners or members thereof,
and as to corporations, shall include the officers, agents or members
thereof who are responsible for any violation of such section.
TOWN
The Town of Rome, Adams County, Wisconsin, or any duly appointed
designate thereof, including, but not limited to, the Town Board and
Town committees.
TOWN BOARD or BOARD
The present governing body of the Town or any successors
to the legislative power of said body, or any duly appointed designate
thereof.
VEHICLE
A motor vehicle, trailer, semitrailer or mobile home, whether
or not such vehicle is registered under Wisconsin Law.
A parent, foster 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.
Except as provided in § 167.10(5)(e) Wis. Stats.,
no person shall possess, use, ignite, sell or give away within the
Town of Rome any fireworks except for specific fireworks displays
for which the Rome Fire Chief or his designee has issued a permit.
No person may use fireworks or a device listed in Subsections
E through G and K through N of the definition of "fireworks" in §
196-1 above while attending a fireworks display for which a permit has been issued pursuant to §
196-5 below.
The Fire Chief or his designee is authorized to issue permits
for fireworks displays. Permits may only be issued to the entities
specified in § 167.10(3)(c)1–7, Wis. Stats.
A. Issuance. The Fire Chief or his designee is authorized to issue permits
for fireworks displays. Permits may only be issued to the persons
and entities enumerated in § 167.10(3)(c)1–7, Wis.
Stats.
B. Qualifications. A permit shall only be issued to a person who is
at least 21 years of age and who possesses a certificate of competency
to display fireworks. The permit holder must be present during setup,
display, and take-down. Permits will only be issued after all appropriate
documentation has been approved.
C. Insurance requirement. A permit shall not be issued unless the applicant
provides written proof of liability insurance coverage from an insurer
licensed in Wisconsin in an amount not less than $1,000,000. The Town
shall be a named insured on such coverage.
D. Permit holder will be responsible for crowd control.
E. Permit holder will be responsible for complying with current National
Fire Protection Standards #1123, #1125 and #1126.