A.
State law adopted. Section 167.10, Wis. Stats., and any future amendments thereto are hereby adopted and incorporated herein by reference insofar as they are not in conflict with the remainder of this section below. In the event of any conflict between this section and this statute, whichever provision is stricter shall apply.
B.
Definitions. Pursuant to § 167.10(5)(a)1, Wis. Stats., "fireworks" shall be defined, for the purpose of Subsection C below, as including all items under § 167.10(1)(e) through (n), excepting only (g) and (h). "Fireworks" shall be defined for the purpose of Subsection D below as defined in the introduction paragraph of § 167.10(1), Wis. Stats., as anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use.
C.
Sale prohibited. No person, firm or corporation shall sell, offer to sell, possess with the intent to sell, or give away fireworks within the Village of Bellevue without first obtaining a permit for fireworks sale. Exhibiting fireworks on premises shall be conclusively presumed to represent an offer to sell and possession with intent to sell. As with sale, display of fireworks also requires a permit.
E.
Seller and display permits.
(1)
As provided in § 167.10(3), Wis. Stats., permits may be issued for displays at festivals and public or private celebrations, or for the sale of fireworks, after proper application to the Fire Chief on forms provided by the Village. Notwithstanding § 167.10(3)(c), a permit may not be issued to an individual. The fee for a seller's permit shall be as provided in the Village Fee Schedule. The permit application must be received by the Village Clerk-Treasurer, Fire Chief, or designee not less than 15 days prior to the requested date of sale. A display permit for fireworks is available. The display permit application must be received by the Village Clerk Treasurer, Fire Chief or designee not less than 30 days prior to the requested date of display. The fee for a display permit shall be fee as provided in the Village Fee Schedule. Display and seller's permits require proof of insurance with limits noted below. Insurance has to specifically cover the display of pyrotechnics. All displays shall comply with NFPA 1123, Code for Fireworks Display. Certain displays used in certain venues must also comply with NFPA 1126, Standard for the Use of Pyrotechnics Before a Proximate Audience.
(2)
All applications shall be referred to the Fire Chief for investigation, and no permit shall be granted unless the Fire Chief or designee determines that the applicant will use the fireworks in a public or private exhibition and that all reasonable precautions will be exercised with regard to the protection of the lives and property of all persons and that the display will be handled by a competent operator and conducted in a suitable, safe place and manner. Before granting any fireworks permit, the applicant shall file with the Village Clerk-Treasurer a certificate of liability insurance issued by an insurance company authorized to write such policies in the State of Wisconsin in the amount of $1,000,000 for bodily injury to any one person, in the amount of $2,000,000 for injury to more than one person, and in the amount of $1,000,000 for damage to property that may arise by reason of use or discharge of fireworks under the permit. The Village of Bellevue and the Green Bay Metro Fire Department shall be named as one of the insured in said policy of insurance. The total aggregate insurance coverage for the Village of Bellevue and the Green Bay Metro Fire Department shall not be less than § 5,000,000.
(3)
A permit under this subsection shall specify all of the following:
(a)
The name and address of the permit holder.
(b)
The date on and after which fireworks may be purchased.
(c)
The kind and quantity of fireworks which may be purchased.
(d)
The date, time and location of permitted use.
(e)
Other special conditions prescribed by ordinance.
(f)
Such other information as the Village may require from time to time.
(g)
A site plan shall be submitted in the packet indicating the placement of fireworks and the fallout zone of the largest shells being utilized.
(4)
A notice of such permit under this subsection shall be given to the municipal fire and law enforcement official at least seven days before the date of authorized use.
(5)
A permit under this subsection may not be issued to a person under 18 years of age.
F.
Use of fireworks and devices regulated. No person may use fireworks or a device listed under § 167.10(1)(e) to (g) or (i) to (n), Wis. Stats., while attending a fireworks display for which a permit has been issued to a person listed under § 167.10(3)(c)1 to 5 or under § 167.10(3)(c)6 if the display is open to the general public.
G.
Storage of fireworks. Storage and handling of fireworks shall be pursuant to the provisions of § 167.10(6), Wis. Stats., and municipal ordinance of the Village of Bellevue.
H.
A person who violates this section shall forfeit not more than $1,000.