Section 167.10 of the Wisconsin Statutes thereto, and any amendments
thereto, exclusive of any penalty provision, is adopted by reference
and made a part of this chapter as if set forth in full.
As used in this chapter, the following terms shall have the
meanings indicated:
FIREWORKS PARAPHERNALIA
Those items listed in W.S.A. § 167.10(1)(e),(f),(i),(j),(k),(L),(m)
and (n) described as follows:
A.
Section 167.10(1)(e): 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.
B.
Section 167.10(1)(f): A toy snake which contains no mercury.
C.
Section 167.10(1)(i): 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.
D.
Section 167.10(1)(j): A device designed to spray out paper confetti
or streamers and which contains less than 1/4 grain of explosive mixture.
E.
Section 167.10(1)(k): 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.
F.
Section 167.10(1)(L): 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.
G.
Section 167.10(1)(m): 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.
H.
Section 167.10(1)(n): 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.
In addition to any direct seller's license which may be required under Chapter
124 of this Code for the sale of fireworks paraphernalia not regulated by W.S.A. § 167.10, no person shall sell such fireworks paraphernalia in the City of Hudson without first having obtained a fireworks paraphernalia sale permit approved and issued by the City Clerk as the Mayor's appointed designee, which will be subject to the following regulations:
A. The annual fee for a fireworks paraphernalia permit shall be as established
by the Common Council, payable upon application.
B. The period of sales of fireworks paraphernalia under this section
shall be limited to a period from the 15th day of June to the 7th
day of July, inclusive.
C. All applications for annual permits under this section shall be filed
with the City Clerk's office on or before the 15th day of April.
The applicant shall describe on the application form the location
and type of any signs intended for usage.
D. Each permittee shall be allowed one banner sign not to exceed 150
square feet and one small sign no larger than three feet by five feet.
No permittee shall use, authorize or permit any off-premises signs.
E. Each permittee shall comply with all applicable local ordinances
and federal and state laws and regulations, including, but not limited
to, those regarding the sale, possession, and transport of fireworks
and fireworks paraphernalia. An applicant's previous history
of violations of this chapter and other state or federal laws or regulations
may be considered by the City Clerk in deciding whether to issue a
fireworks paraphernalia permit.
F. No permit shall be valid until signed by the permit holder. The City
Clerk shall keep on file a duplicate signed copy of each fireworks
paraphernalia permit.
G. All applications for fireworks paraphernalia permits shall be reviewed
and issued by the City Clerk.
H. Each permittee or designee shall be required to attend a City-sponsored
informational hearing which shall be held prior to the commencement
of any sales of fireworks paraphernalia.
I. No sale of such fireworks paraphernalia shall occur on or from any
property unless such property is zoned Central Business District,
Shopping District, Industrial District or Highway Commercial District.
No sale shall occur from any roadside stand or temporary structure.
J. In addition to penalties provided in §
132-5, possession of fireworks as defined in W.S.A. § 167.10 anywhere at the address identified in the fireworks paraphernalia permit shall constitute a violation of this chapter and shall result in automatic and immediate revocation of the fireworks paraphernalia permit. Law enforcement shall be authorized to seize any such fireworks as evidence of such violation. A second violation in the same permit term shall result in immediate and automatic revocation of the fireworks paraphernalia permit for the remainder of that permit term. The permittee may appeal such permit revocation to the Common Council.
K. Insurance requirements.
(1) No permit shall be issued under this section until the applicant
deposits a policy or certificate of liability insurance covering the
sale and storage of said fireworks paraphernalia. Such policy shall
be issued by an insurance company authorized to do business in the
State of Wisconsin and shall cover the sale and storage area described
on the application and shall indemnify the applicant in the amount
of $1,000,000 single limit liability coverage for the injury or death
of one or more persons and damage to the property of others for any
one accident due to the negligent operation of said sales or storage
covered by such policy.
(2) Form approval and expiration notice. The policy shall contain a provision
that the same may not be canceled before the expiration of its term
except upon 30 days' written notice to the City. Further, the
permittee shall ensure that the insurance carrier provides the City
with copies of all insurance expiration and cancellation notices and
copies of all notifications of reinstatement of insurance coverage.
(3) Automatic revocation of permit. The cancellation or other termination
of any insurance policy issued in compliance with this section shall
automatically revoke and terminate the permit issued for any such
sales/storage of fireworks paraphernalia unless another policy complying
with this section is provided and in effect at the time of such cancellation
or termination.
(4) Responsibility of permittee and surety. In any event, the permittee
and the surety will be held responsible for and shall save the City,
its employees and agents harmless from all liability for injury and
damages occasioned by the fireworks paraphernalia operation or which
may result therefrom or which may result in any way from the negligence
or carelessness of the permittee, agents, employees or workers or
by reason of the elements, unforeseen or unusual difficulties, obstruction
or obstacles encountered in the sale or storage of said fireworks
paraphernalia, and they shall indemnify the City, its employees and
agents for and save it harmless from all claims and liability, actions
and causes of action and liens for materials furnished or labor performed
in service delivery and from all costs, charges and expenses incurred
in defending such suits or actions and from and against all claims
and liability for injury or damage to persons or property emanating
from defective or careless work methods or accidents.