[HISTORY: Adopted by the Village Board of
the Village of Theresa 6-3-1996 as Title 7, Ch. 6 of the 1996 Code. Amendments noted where
applicable.]
[Amended 8-1-2005 by Ord. No. 1-10]
In this chapter, the term "fireworks" shall
be defined as provided in § 167.10, Wis. Stats.
No person may sell or possess with intent to
sell fireworks, except:
[Amended 3-7-2011]
A.
No person may possess or use fireworks in the Village
unless designated by the Village Board.
B.
Permit exceptions. Subsection A above does not apply to:
(1)
The
Village 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
order of the Wisconsin Department of Commerce.
(3)
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. Subsection A applies to a person transporting fireworks under this subsection if, in the course of transporting the fireworks through the Village, the person remains in the Village for a period of at least four hours.
C.
Who may obtain permit. A permit under this section
may be issued only to the following:
(1)
(Reserved)
D.
Bond. The Village Board approving of issuing a permit
under this section shall 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 office of the Village
Clerk-Treasurer.[1]
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 500 feet of a dwelling.
E.
Restrictions on storage. No person may store fireworks
within 500 feet of a public assemblage or place where gasoline or
volatile liquid is sold in quantities exceeding one gallon.
A 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.