9.03 SALE AND DISCHARGE OF FIREWORKS RESTRICTED.(Ord. #1367 – 02-12-2013 )
(1) STATE LAWS ADOPTED. The current and future statutory provisions of Wisconsin Statute, Section 167.10, regulating the sale and use of fireworks, except in so far as this ordinance is more restrictive as to use, exclusive of any provision therein relating to penalties, are hereby adopted by reference and made part of this code as though fully set forth herein. Any future additions, amendments, revisions or modifications of Wisconsin Statute 167.10 incorporated herein are intended to be made a part of this code, except in so far as this ordinance is more restrictive as to use.
(2) USE OF FIREWORKS.
(a) The use of fireworks, as that term is defined in Section 167.10(1), Wisconsin Statutes, is prohibited in the City of Muskego unless the fireworks are used pursuant to a permit issued by the City of Muskego, according to the provisions of Section 167.10 (3), Wisconsin Statutes. A public authority, a fair association, an amusement park, a park board or civic organization, and agricultural producer for the protection of crops from predatory birds or animals may make application for a permit for use throughout the year pursuant to Section 167.10 (3) (c). A group of resident or non-resident individuals may make application for a permit for use from July 1 through July 7 each year. A separate application must be submitted for each day use is intended. Each application must designate the individual responsible for the discharge of fireworks. All permit applications must be filed between May 1 and June 30.
(b) Any fireworks shall be subject to the following requirements:
1. Wind velocity shall not be more than 15 miles per hour as recorded by the U.S. Weather Bureau, Milwaukee, Wisconsin.
2. Wind direction at the time of use shall be away from buildings or other combustible materials and structures and shall not carry fireworks onto any adjoining buildings or cause annoyance or danger to other persons or property.
3. Sufficient firefighting implements and personnel shall be available at the scene to control any fire that may be caused by the fireworks.
(c) Fireworks may only be used between 11:00 A.M. and 11:00 P.M.
(d) Only the individual or professional designated on the permit application may discharge fireworks and is responsible in case of a violation of this section. If the actual person that caused the illegal discharge cannot be determined, the homeowner, lessee or renter, if present, of the property where the illegal discharge of fireworks occurs, is responsible for the violation under this section.
(e) Upon conviction of any citation issued under this section, and/or written complaints 5 filed with the City, or a written warning issued to an individual from the police department, a person’s application for a permit to use fireworks shall be reviewed by the Muskego Public Safety Committee by May 1. The failure of an individual to appear before the Committee will result in the individual’s application for a permit being denied. Any complaint must be submitted to the Committee by July 8.
(f) No person in the possession of fireworks pursuant to this section may resell those fireworks in the City of Muskego.
(g) The permit the city issues for the use of fireworks must be made available upon request of a police officer. In accordance with state statute, a copy of a permit shall be given to the municipal fire and law enforcement official at least 2 days before the date of authorized use.
(h) The type of indemnity bond or liability insurance that may be required pursuant to Wisconsin Statutes 167.10(3)(e) is required in the City of Muskego for all permit holders. (Ord. #912 – 03/20/97)
(i) A fee for said permit shall be established from time-to-time by resolution of the City of Muskego Common Council and must be submitted at the time of application. (Ord. #912 – 03/20/97)
(j) The Mayor, upon recommendation of the Fire Chief because of extreme dryness or drought, shall deem it necessary to place a temporary ban on fireworks. If the ban is not lifted within the permitted time frame allowing for at least 2 days remaining, the Common Council shall determine the remedy.