Fireworks Application

9.04 SALE AND DISCHARGE OF FIREWORKS RESTRICTED. (Rep. & recr. 4/25/06)

(1)      REGULATION OF FIREWORKS.

(a)      State Law Adopted. Section 167.10, Wis. Stats., and any future amendments thereto are hereby adopted and incorporated herein by reference insofar as they are not in conflict with the remainder of the section below. In the event of any conflict between the section and the statute, whichever provision is stricter shall apply.

(b)     Definitions. Pursuant to §167.10(5)(a)1., Wis. Stats., "fireworks" shall be defined as including all items under §167.10(1)(Intro), Wis. Stats., and including all items under §167.10(1)(k) to (n), Wis. Stats. "Caps," "toy snakes," "sparklers," and "streamers" as set forth in §167.10(1)(e), (f), (i), and (j), Wis. Stats., are excluded from this definition.

(c)      Sale Prohibited. No person, firm or corporation shall sell, offer to sell, possess with the intent to sell, or give away fireworks within the Town of Merton. Exhibiting fireworks on premises shall be conclusively presumed to represent an offer to sell and possession with intent to sell.

(d)     Use Regulated. Except as provided in §167.10(3), Wis. Stats., no person shall possess, offer to sell, or use fireworks without a user's permit issued pursuant to subsection (e) below.

(e)     User's Permit. As provided in §167.10(3), Wis. Stats., user's permits may be issued for festivals and public or private celebrations after proper application to the Town Board on forms provided by the Town Clerk. The fee for a user's permit shall be $100.00. The permit application must be received by the Town Clerk not less than 45 days prior to the requested date of use.

All applications shall be referred to the Fire Chief for investigation, and no permit shall be granted unless the Town Chairman, from the report of the Fire Chief, determines that the applicant will use the fireworks in a public or private exhibition and that all reasonable precautions will be exercised with regard to the protection of the lives and property of all persons and that the display will be handled by a competent operator and conducted in a suitable, safe place and manner. The Fire Chief investigating is the Fire Chief of the fire district where the fireworks display is proposed to take place. Before granting any fireworks permit, the applicant shall file with the Town Clerk a certificate of liability insurance issued by an insurance company authorized to write such policies in the State of Wisconsin in the amount of $1,000,000.00 for bodily injury to any one person, in the amount of $2,000,000.00 for injury to more than one person, and in the amount of $1,000,000.00 for damage to property that may arise by reason of use or discharge of fireworks under the permit. The Town of Merton shall be named as one of the insureds in said policy of insurance.

A permit under this subsection 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, time and location of permitted use.

5.       Other special conditions prescribed by ordinance.

6.       Such other information as the Town may require from time to time.

A notice of such permit under this subsection shall be given to the appropriate fire and law enforcement official at least 7 days before the date of authorized use.

A permit under this subsection may not be issued to a person under 18 years of age.

(f)      Use of Fireworks, Caps, Snakes, Sparklers and Streamers Regulated. No person may use fireworks, caps, snakes, sparklers or streamers at a fireworks display for which a permit has been issued if the display is open to the general public.

(g)      Storage of Fireworks. Storage and handling of fireworks shall be pursuant to the provisions of §167.10(6), Wis. Stats., and Chapter 5, the Fire Protection Code of the Town of Merton.

(h)     Penalty. Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in §25.04 of this Code.