§ 30-275. Use.

(a)

Permit required. No person may possess or use fireworks in the town without a user's permit from the town, obtained in accordance with the provisions of this article except for a person transporting fireworks under Wis. Stats. § 167.10(3)(b)(7), through the town to another town, city or village where the possession and use of the fireworks is authorized by permit or ordinance so long as the person remains in the town less than 12 hours.

(b)

Prohibitions; designated fireworks use site and days of use.

(1)

No person may use fireworks or a device listed under subsections 30-272(5)—(7) and (9)—(14) of the definition of the term Fireworks, as set forth in section 30-272, while attending a fireworks display for which a use permit has been issued to a person listed under this article if the display is open to the general public.

(2)

No person may use fireworks in the town except at the designated fireworks use site established by the town board (the "designated use site)" and on designated days established by the town board. The designated use site and designated days shall be set by town board resolution which may be amended from time-to-time by the town board. If the use is for a display event to which the public will be invited, such user permit shall only be issued in person by the chairperson, or his designee, and such use then may occur at a site other than the designated use site and such use permit shall specify the location, date and time for the intended use.

(c)

Permit exceptions. Subsection (a) of this section does not apply to:

(1)

The town, except that town 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 state department of commerce.

(3)

The disposal of hazardous substances in accordance with rules adopted by the state 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 material in connection with classes conducted by educational institutions.

(6)

A possessor or manufacturer of explosives in possession of a license or permit under 18 USC 841-848 if the possession of the fireworks is authorized under the license or permit.

(d)

Permit issuance. The town chairperson, or an official or employee of the town designated by the town chairperson, may issue permits in compliance with this article, in person or electronically, and such use permits 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)

Any individual or a group of individuals.

(7)

An agricultural producer for the protection of crops from predatory birds or animals.

(e)

Crop protection signs. A person issued a permit for crop protection shall erect appropriate warning signs, approved by the town planning commission, disclosing the use of fireworks for crop protection.

(f)

User's permit application. An applicant for a user's permit shall complete the application form on paper or electronically, as provided by the town clerk that shall include, at a minimum, the following information:

(1)

The name and address of the person applying for the user's permit and whether the permit is for an individual or on behalf of an organization;

(2)

The kind and quantity of fireworks that may be purchased;

(3)

The date and location of the intended use of the fireworks; and

(4)

Whether the use will invite the general public or be for private use.

(g)

User's permit.

(1)

A user's permit that is issued by the town, either in person or electronically, shall specify the following:

a.

The names and addresses of the person authorized to use fireworks under the permit.

b.

The date on and after which fireworks may be purchased.

c.

The kind and quantity of fireworks that may be purchased.

d.

Designation of the date and location for which the permit authorizes the use of fireworks.

e.

The event for which the fireworks will be used and whether the event invites the public.

f.

Statements of limitation of liability for the town and indemnification of the town.

g.

Other special conditions necessary to protect the public health, safety and welfare as prescribed by ordinance or the town chairperson including restrictions limiting the manner of use and distances from buildings and spectators.

(2)

Copies of all user's permits issued under this article shall be given to the town's fire chief and the town's law enforcement officer at least two days before the date of authorized use.

(h)

User's permit fee. At the time of filing the permit application for the use of fireworks, a nonrefundable permit fee shall be paid to the town to cover the costs of processing the application. The fee shall be established by resolution of the town board and may be revised by town board resolution from time-to-time. The town may conduct a background check on applicants for user's permits.

(i)

Indemnity. The town 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 any user's permit. The bond or policy, if required, shall be taken in the name of the town 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 town clerk.

(j)

Cancel and rescheduling. A user's permit may be cancelled and rescheduled by the town chairperson or by the town fire chief if the weather or other situations make it unsafe for the use to be conducted or if it is determined that the user permit was issued based on fraud or misrepresentation. Upon cancellation, the town chairperson shall set the rescheduled date and the town clerk shall post the notice of rescheduled date at the town hall, designated use site and such other locations the town clerk deems necessary to provide notice to the public and permittees.

(Ord. of 2-14-2000(1), § 3.11(I)(4); Ord. No. 2008-09, § 1, 1-13-2009)