[HISTORY: Adopted by the Village Board of the Village of
Birnamwood 8-24-2020 by Ord. No.
20-8-5. Amendments noted where applicable.]
It is the intent of the Village of Birnamwood to allow the purchase
of fireworks within the Village limits. This chapter also allows the
use of fireworks within the Village limits.
The Village Board of the Village of Birnamwood, Shawano and
Marathon Counties, Wisconsin, has the specific authority to adopt
this regulation of fireworks ordinance under § 167.10, Wis.
Stats.
Pursuant to § 167.10(3)(a), Wis. Stats., no person
may possess or use fireworks without a user's permit from the mayor
of the city, president of the village or chairperson of the town in
which the possession or use is to occur or from a person designated
by the mayor, president or chairperson to issue a user's permit. No
person may use fireworks or a device listed under § 167.10(1)(e)
to (g) or (L) 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., Wis. Stats., if the display
is open to the general public.
Pursuant to § 167.10(3)(e), Wis. Stats., the following
restrictions are placed on the use of fireworks within the Village
limits:
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(e)
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The person issuing a permit under this subsection 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, if required, shall
be taken in the name of the city, village or town wherein the fireworks
are to be used, 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, if required, together with a copy of
the permit, shall be filed in the office of the clerk of the city,
village or town.
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A.
This chapter
may be enforced by any law enforcement officer authorized to enforce
laws of the State of Wisconsin, Shawano and Marathon Counties, and
the Village of Birnamwood.
B.
A city,
village or town may petition the circuit court for an order enjoining
violations of § 167.10(2), (3) or (6), Wis. Stats., or an
ordinance adopted under§ 167.10(5), Wis. Stats.
Any licensed seller of fireworks must display signage which
informs the public that a permit is required and must be obtained
prior to the use of fireworks. Without said permit, the user is in
violation of § 167.10, Wis. Stats.
This chapter is effective on publication or posting.
