A. 
As used in this division, 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:
1. 
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.
2. 
A toy snake which contains no mercury.
3. 
A sparkler on a wire or wood stick not exceeding 36 inches in length that is designed to produce audible or visible effects.
4. 
A device designed to spray out paper confetti or streamers and which contains less than 1/4 grain of explosive mixture.
5. 
A fuseless device that is designed to produce audible or visible effects or audible and visible effects and that contains less than 1/4 grain of explosive mixture.
6. 
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.
7. 
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.
8. 
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.
9. 
Fuel or a lubricant.
10. 
A firearm cartridge or shotgun shell.
11. 
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.
12. 
A match, cigarette, lighter, stove, furnace, candle, lantern or space heater.
13. 
A model rocket engine.
14. 
Tobacco and a tobacco product.
A. 
Fireworks seller and location permit.
1. 
No person or entity may sell or possess with intent to sell fireworks unless they have obtained a fireworks seller and location permit, which may be obtained from the office of the City Clerk, subject to a fee as set forth on the City of Onalaska Fee Schedule. A separate fireworks seller and location permit is required for every physical location selling fireworks in the City of Onalaska. The fireworks seller and location permit shall be displayed at the location for which it was published at all times that such location is operating.
B. 
Fireworks show/display permit.
1. 
No person may possess or use fireworks without a fireworks show/display permit obtained from the office of the City Clerk, upon payment of the fee set forth in the City of Onalaska Fee Schedule. No person may use fireworks or a device listed under Section 7.03.41A while attending a fireworks show/display for which a permit has been issued.
2. 
A fireworks show/display permit may only be issued to the following:
a. 
A public authority.
b. 
A fair association.
c. 
An amusement park.
d. 
A civic organization intending to display fireworks for public purposes.
C. 
Insurance requirements.
1. 
The City may require an indemnity bond with good and sufficient sureties in the amount of not less than $1,000,000 or policy of liability insurance in the amount of not less than $1,000,000 for the payment of all claims that may arise by reason of injuries (including death) or damages of whatever kind to persons or property from the sale, handling, use or discharge of fireworks under the permit. Such bond or policy of insurance shall be obtained from a company or companies approved by the City and in a form satisfactory to the City. The bond or insurance policy shall be taken in the name of the City, and any person injured or damaged thereby may bring an action on the bond or policy in the person's own name to recover the damage the person has sustained. The bond or policy, if required, together with a copy of the permit, shall be filed in the office of the City Clerk. None of the provisions of this section shall be construed to limit the liability of the permit holder for injuries or damages.
D. 
Parental liability. A parent, foster parent, treatment foster parent, family-operated group home 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 fireworks.
E. 
Exceptions A fireworks show/display permit is not required in the following instances:
1. 
If the City of Onalaska is conducting a fireworks event.
2. 
The possession of use of explosives in accordance with rules or general orders of the Wisconsin Department of Safety and Professional Services.
3. 
The disposal of hazardous substances in accordance with rules adopted by the Wisconsin Department of Natural Resources.
4. 
The possession or use of explosive or combustible materials in any manufacturing process.
5. 
The possession or use of explosive or combustible materials in connection with classes conducted by educational institution.
6. 
A possessor or manufacturer of explosives in possession of a license or permit under 18 U.S.C. §§ 841 to 848 if the possession of the fireworks is authorized under the license or permit.
7. 
Except as provided in Subsection E8 below, the possession of fireworks in the City while transporting the fireworks to a municipality where the possession of fireworks is authorized by permit or ordinance.
8. 
The permit requirements of Subsection A above apply to a person transporting fireworks if, in the course of transporting the fireworks, the person remains in the City of Onalaska for a period of at least 12 hours.
F. 
Enforcement.
1. 
The City may petition the Circuit Court for an order enjoining violations of this division.
2. 
Fireworks stored, handled, sold, possessed or used by a person who violates this division or a court order under Subsection F1 above may be seized and held as evidence of the violation. Except as provided in § 968.20(4), Wis. Stats., only the fireworks that are the subject of a violation of this division or a court order under Subsection F1 above may be destroyed after conviction for a violation and fireworks that are seized as evidence of a violation for which no conviction results shall be returned to the owner in the same condition as they were when seized to the extent practicable.
G. 
Penalties.
1. 
A person who violates a court order under Section 7.03.42F hereof shall be fined not more than $10,000 or imprisoned not more than nine months or both.
2. 
A person who violates this division and/or a parent or legal guardian of a minor who consents to the use of fireworks by a minor shall be fined not more than $1,000.
3. 
A person holding any permit issued by the City Clerk who violates this division shall immediately be ineligible to obtain any permit under this division for one year from the date of such fine.