[HISTORY: Adopted by the City Council of the City of Amery 10-6-2004 as Title 7, Ch. 6, of the 2004 Code; amended in its entirety 4-7-2010 by Ord. No. 3-2010. Subsequent amendments noted where applicable.]
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:
CITY or CITY LIMITS
All land located within the corporate limits of the City of Amery.
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:
A. 
Fuel for 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 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.
PUBLIC AUTHORITY
The City of Amery.
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.
A. 
No person shall sell or possess with intent to sell fireworks, except:
(1) 
To a person holding a permit under § 229-5 below or a similar municipal permit issued in accord with § 167.10(3)(a) and (c), Wis. Stats.
(2) 
To a city, village or town.
(3) 
For a purpose specified at § 167.10(3)(b)2 to 6, Wis. Stats.
(4) 
To out-of-state purchasers in accord with § 167.10(4), Wis. Stats.
B. 
Under no circumstances shall fireworks, including those devices specified at Subsections F, G, I, J, K, M and N of the definition of "fireworks" in § 229-2, be sold to minors.
C. 
No fireworks, as that term is generally described in the definition of "fireworks" in § 229-2, which fall outside of the federal classification of "Class C" common fireworks and/or those specified at Subsections F, G, I, J, K, M and N of the definition of "fireworks" in § 229-2 may be possessed with the intent to sell or be sold in the City.
D. 
No transient merchant permits will be issued for the sale of any type of fireworks within 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.
A. 
Any person violating any of the provisions of this chapter shall be subject to a forfeiture as prescribed by § 1-5, together with the costs of prosecution.
B. 
Pursuant to § 167.10(8)(b), Wis. Stats., fireworks stored, handled, sold, possessed or used by a person in violation of this chapter may be seized by the Police Department, held as evidence and destroyed after conviction.
C. 
Upon request of the Police Department, the City Attorney may seek injunctive relief against present or future violations of this chapter.