[HISTORY: Adopted by the Village Board of the Village of Elm Grove 9-11-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 150.
Section 167.10 of the Wisconsin Statutes regulating the sale and use of fireworks, exclusive of any penalty imposed thereby, is adopted by reference and made a part of this chapter as though set forth in full.
No person may sell, or possess with intent to sell, fireworks in the village except:
A. 
To a person holding a permit under § 167.10(3)(c), Wis. Stats.;
B. 
To a city, village or town; or
C. 
For a purpose specified under § 153-3B(2) to (6) of this chapter.
A. 
No person may possess or use fireworks in the Village of Elm Grove without a user's permit from the Village Fire Chief. No person may use fireworks, or any of the following devices, on any village-owned property or while attending a fireworks display for which a permit has been issued to a person listed under Subsection C(1) to (5) or under Subsection C(6) if the display is open to the general public.
(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 that contains no mercury.
(3) 
A model rocket engine.
(4) 
A sparkler on a wire or wood stick.
(5) 
A device designed to spray out paper confetti or streamers and which contains less than 1/4 grain of explosive mixture.
(6) 
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.
(7) 
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.
(8) 
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.
B. 
Subsection A does not apply to:
(1) 
The village, but municipal 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 Department of Commerce.
(3) 
The disposal of hazardous substances in accordance with rules adopted by the 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) 
The possession of fireworks in the village while transporting the fireworks to a city, town or village where the possession of the fireworks is authorized by permit or ordinance, unless, in the course of transporting the fireworks through a city, town or village, the person remains in the village for a period of at least 12 hours.
C. 
A permit under this section 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.
D. 
No permit shall be issued unless 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 has been provided in a form reasonably satisfactory to the Village Attorney. The bond or policy, if required, shall be taken in the name of the Village of Elm Grove in an amount equal to $1,000,000, 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.
E. 
A permit under this section shall specify all of the following:
(1) 
The name, age, telephone number(s) and address of the permit holder.
(2) 
The date on and after which fireworks may be purchased.
(3) 
The kind and quantity of fireworks that may be purchased.
(4) 
The date and location of permitted use.
(5) 
The time periods during which the fireworks may be used.
F. 
A copy of a permit under this section shall be given to the municipal fire or law enforcement official at least two days before the date of authorized use.
G. 
No permit under this section may be issued to a minor.
A. 
Pursuant to § 167.10(7), Wis. Stats., 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 the fireworks.
B. 
Pursuant to § 167.10(9)(c), Wis. Stats., any parent or legal guardian of a minor who consents to the use of fireworks by the minor shall, upon conviction, be subject to a forfeiture of not more than $1,000.
As used in this chapter, the following terms shall have the meanings indicated:
FIREWORKS
Anything manufactured, processed or packaged for exploding, emitting sparks or combustion that does not have another common use.
A. 
In addition to those items and devices constituting fireworks under the foregoing definition, pursuant to the provisions of § 167.10(5), Wis. Stats., for purposes of this chapter, the term "fireworks" shall also include the following:
(1) 
A toy snake that contains no mercury.
[Note: Wisconsin Administrative Code Section COMM 9.15, Definitions, Subsection (5)(e)2: "Snake or glow worm" means a pressed pellet of pyrotechnic composition that produces a large, snakelike ash upon burning. The ash expands in length as the pellet burns. These devices may not contain mercuric thiocyanate.]
(2) 
A device designed to spray out paper confetti or streamers and that contains an explosive mixture.
(3) 
A fuseless device that is designed to produce audible or visible effects or audible and visible effects and that contains an explosive mixture.
(4) 
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.
(5) 
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.
[Note: Wisconsin Administrative Code Section COMM 9.15, Definitions, Subsection (a)(2): "Cylindrical fountain" means a cylindrical tube not more than 3/4 inch inside diameter, containing up to 75 grams of pyrotechnic composition. Upon ignition, a shower of colored sparks, and sometimes a whistling effect, is produced. This device may be provided with a spike for insertion into the ground, spike fountain, a wood or plastic base for placing on the ground, base fountain or a wood or cardboard handle, if intended to be hand-held, or handle fountain.]
(6) 
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.
[Note: Wisconsin Administrative Code Section COMM 9.15, Definitions, Subsection (a)(1): "Cone fountain" means a cardboard or heavy paper cone containing up to 50 grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain.]
B. 
For purposes of this chapter, the term "fireworks" does not include any of the following:
(1) 
Fuel or a lubricant.
(2) 
A firearm cartridge or shotgun shell.
(3) 
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.
(4) 
A match, cigarette lighter, stove, furnace, candle, lantern or space heater.
(5) 
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 that prevents direct bodily contact with a cap when it is in place for explosion.
(6) 
A model rocket engine.
(7) 
Tobacco and a tobacco product.
(8) 
A sparkler on a wire or wood stick not exceeding 36 inches in length that is designed to produce audible or visible effects or to produce audible and visible effects.
[Note: Wisconsin Administrative Code Section COMM 9.15, Definitions, Subsection (5)(e)4: "Wire sparkler" means a wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. These items may not contain magnesium and must not exceed 100 grams of composition per item. Devices containing any chlorate or perchlorate salts may not exceed five grams of composition per item.]