This chapter shall regulate the possession, sale and use of
fireworks within the City limits. It shall constitute a local regulation
adopted pursuant to § 167.10(5), Wis. Stats.
The following definitions shall apply to application of this
chapter:
DWELLING
A place of residence for human inhabitants and shall include
all single-family and multiple-family residences and all other structures
used for human habitation.
FIRE CHIEF
The duly appointed Fire Chief of the City of Amery.
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 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 gram 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;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
PERSON
Any natural person or unincorporated or incorporated corporation, partnership or other association. Persons who otherwise are referred to as "sellers" under this chapter shall include, for purposes of §
229-4B and
D, those sellers who are not required to obtain seller's permits. It shall not include a natural person under the age of 18 years, otherwise referred to herein as a "minor."
POSSESS
To have in one's possession, to own, hold on consignment
or to otherwise be physically and/or legally in control of fireworks.
USE
Any of the permitted purposes for fireworks set forth at
§ 167.10(3)(b)2 to 6, Wis. Stats., together with all other
types of use, including but not limited to explosions, emission of
sparks or combustion.
Except as otherwise allowed by this chapter, no person may possess,
sell or use fireworks in the City.
No person shall possess with the intent to use within the corporate
limits of the City any fireworks except "Class C" common fireworks.
Only the following entity shall be eligible to possess and display
Class A fireworks: a public authority.
No person possessing fireworks with the intent to sell in the
City may store or handle fireworks in premises which are not equipped
with fire extinguishers approved by the Fire Chief or his/her designee.
In addition, the following criteria shall govern storage and handling:
A. No person may smoke where fireworks are stored or handled.
B. Prior to any person storing fireworks in the City, the Fire Chief
shall be notified.
C. No fireworks shall be stored within 100 feet of a dwelling.