[HISTORY: Adopted by the Village Board of the Village of Sullivan 8-22-2006 (Title 7, Ch. 6, of the 2006 Code of Ordinances). Amendments noted where applicable.]
Except as otherwise allowed by this chapter, no person may possess, sell or use fireworks in the Village of Sullivan. This chapter shall constitute a local regulation adopted pursuant to § 167.10(5), Wis. Stats.
In this chapter:
FIREWORKS
Shall be defined as provided in § 167.10, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
A. 
Permit required. No person may use fireworks without a user's permit from the Village President or from an official or employee of the Village as designated by the Village Board. No person may use fireworks or a device listed under § 257-2 while attending a fireworks display for which a permit has been issued to a person listed under § 257-3C if the display is open to the general public. A fee as prescribed in the current Village Fee Schedule shall be paid at the time of application.[1]
[1]
Editor's Note: See also Ch. 250, Fees.
B. 
Permit exceptions. Subsection A above does not apply to:
(1) 
The Village, except that fire and law enforcement officials shall be notified of the proposed use of fireworks at least two days in advance.
(2) 
The possession or 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 institutions.
(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) 
A possessor of fireworks within the Village while transporting the fireworks to a city, town or Village where the possession of the fireworks is authorized by permit or ordinance, if such person does not remain within the Village for a period of more than 12 hours.
C. 
Who may obtain permit. A permit under this chapter may be issued only to the following:
(1) 
A public authority.
(2) 
A fair association.
(3) 
An amusement park.
(4) 
A park board.
(5) 
A civic organization.
(6) 
A group of resident or nonresident individuals.
(7) 
An agricultural producer for the protection of crops from predatory birds or animals.
D. 
Crop protection signs. A person issued a permit for crop protection shall erect appropriate warning signs disclosing the use of fireworks for crop protection.
E. 
Bond. The Village President or other authorized party issuing a permit under this chapter may require an indemnity bond with good and sufficient sureties or policy of liability insurance for the payment of all claims that may arise by reason of injuries to person or property from the handling, use or discharge of fireworks under the permit. The bond or policy shall be taken in the name of the Village, and any person injured thereby may bring an action on the bond or policy in the person's own name to recover the damage the person has sustained, but the aggregate liability of the surety or insurer to all persons shall not exceed the amount of the bond or policy. The bond or policy, together with a copy of the permit, shall be filed in the offices of the Village.
F. 
Required information for permit. A permit under this chapter shall specify all of the following:
(1) 
The name and address of the permit holder.
(2) 
The date on and after which fireworks may be purchased.
(3) 
The kind and quantity of fireworks which may be purchased.
(4) 
The date and location of permitted use.
G. 
Copy of permit. A copy of a permit under this chapter shall be given to fire and law enforcement officials at least two days before the date of authorized use.
H. 
Minors prohibited. A permit under this chapter may not be issued to a minor.
I. 
Out of state. This chapter does not prohibit a resident wholesaler or jobber from selling fireworks to a person outside of this state or to person or group granted a permit under this chapter. A resident wholesaler or jobber that ships the fireworks sold under this chapter shall package and ship the fireworks in accordance with applicable state and federal law by, as defined in § 194.01(1),(2) and (11), Wis. Stats., common motor carrier, contract motor carrier or private motor carrier.
J. 
Use restrictions. Permitted fireworks may only be used if such use is a minimum of 25 feet away from any structure. Use of fireworks is prohibited after 12:30 a.m.
A. 
Limitations on possession. No person shall have within their possession, to own, hold on consignment or to otherwise be physically and/or legally in control of fireworks without a permit under this section.
B. 
Possession permit. An authorized seller of fireworks may issue a possession permit to a person to possess fireworks within the Village for purposes of possessing the fireworks while transporting them through the Village. A possessor's permit does not authorize the holder of such permit to use fireworks within the Village. The holder of a possessor's permit may not use fireworks within the Village. The Village designates licensed sellers of fireworks as agents for the Village for the sale of possession permits. The Village Clerk-Treasurer shall provide an appropriate permit form as approved by the Village Board. The holder of a seller's permit who issues a possessor's permit shall maintain adequate records of the permits issued.
C. 
Possessor's permit fee. The charge for each possession permit shall be as prescribed in the current Village Fee Schedule.[1]
[1]
Editor's Note: See also Ch. 250, Fees.
A. 
Limitations on sale. No person may sell or possess with intent to sell fireworks, except:
(1) 
To a person holding a permit under § 257-4B or 257-5B;
(2) 
To a municipality;
(3) 
To a person who is not a resident of this state; or
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(4) 
For a purpose specified under this chapter.
B. 
Seller's permit. No person may sell or possess with intent to sell fireworks without a seller's permit from the Village Clerk-Treasurer. The fee for a seller's permit shall be as prescribed in the current Village Fee Schedule per calendar year.[1]
(1) 
The entire permit fee shall be charged for every seller's permit for the whole or fraction of a year and shall be paid when application is made for such permit.
(2) 
The Village Clerk-Treasurer shall provide an appropriate permit form as approved by the Village Board and shall maintain adequate records of the permits issued.
(3) 
The applicant shall particularly describe the address and structure where the permit will be used and shall at all times publicly and continuously display such permit at such location. Such permit may be transferred to a new location upon payment of a transfer fee as prescribed in the current Village Fee Schedule.[2]
[2]
Editor's Note: See also Ch. 250, Fees.
(4) 
All holders of seller's permits shall comply with all local ordinances and federal and state regulations and statutes regarding the sale, transport or storage of flammable or explosive materials.
[1]
Editor's Note: See also Ch. 250, Fees.
A. 
Fire extinguishers required. No wholesaler, dealer or jobber may store or handle fireworks on the premises unless the premises are equipped with fire extinguishers approved by the Fire Chief.
B. 
Smoking prohibited. No person may smoke where fireworks are stored or handled.
C. 
Fire Chief to be notified. A person who stores or handles fireworks shall notify the Fire Chief of the location of the fireworks.
D. 
Storage distance. No wholesaler, dealer or jobber may store fireworks within 50 feet of a dwelling.
E. 
Restrictions on storage. No person may store fireworks within 50 feet of a public assemblage or place where gasoline or volatile liquid is dispensed in quantities exceeding one gallon.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Any person violating this chapter shall be subject to the penalty provisions in Chapter 1, General Provisions, Article II, General Penalty, of this Code.