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.
A.
Failure to maintain private fire hydrants will subject the private
hydrant owner to fines or payment of maintenance expenses.
B.
Private hydrants are for the explicit use of the Fire Department
in the event of emergencies. Private hydrants are not metered and
therefore cannot be used by the property owner without written permission
of and metering of the water by the Village of Bellevue Water Utility.
Any use of private hydrants without water use metering and permission
will result in a fine of $600 for each day of use and billing for
estimated water usage from such hydrant.
C.
The Fire Department shall have the authority to clear any obstacles
in front of or blocking access to private hydrants.
Where parapet walls or screen walls are constructed to shield
or hide roof-mounted equipment, such walls shall not exceed four feet
in height unless constructed as follows: Parapet and screen walls
exceeding four feet in height shall have permanently installed and
maintained inside access escape ladders in number and location as
approved by the Fire Department.
