Chapter 8.20
FIREWORKS
Sections:
8.20.040 User’s permit required.
8.20.060 Regulations for firework use.
8.20.070 Summary suspension and reinstatement of permit.
8.20.080 Authority to seize fireworks.
8.20.090 Penalty for violation of this chapter.
8.20.010 Definitions.
A. “Fall out area” means the designated area in which hazardous debris is intended to fall after a pyrotechnic device is fired.
B. “Fireworks” means the same as in Section 167.10(1), Wisconsin Statutes. The City elects to include within the definition of “fireworks” the items listed in Section 167.10(1)(f) and (j) to (n), as authorized by Section 167.10(5)(a)(1), Wisconsin Statutes.
C. When used in this chapter, “Police Chief” and “Fire Chief” includes their designee. (Ord. 2021-092113 § 1, 2021)
8.20.020 Sales regulated.
Except as provided in Sections 167.10(2) and (4), Wisconsin Statutes, no person shall sell or possess with the intent to sell fireworks. (Ord. 2021-092113 § 1, 2021)
8.20.030 Use regulated.
A. Except as provided in Section 167.10(3), Wisconsin Statutes, no person shall possess or use fireworks without a valid user’s permit, issued pursuant to Section 8.20.040. (Ord. 2021-092113 § 1, 2021)
8.20.040 User’s permit required.
A. As provided in Section 167.10(3), Wisconsin Statutes, the Mayor shall issue fireworks user’s permits upon the Common Council’s approval of an application.
B. The City Clerk shall refer applications to the Fire and Police Chiefs for their review as to whether the proposed display will comply with this chapter or be hazardous or endanger any persons or property who will report their findings to the Legislative and Licensing Committee. The Chiefs may visit the proposed display site and request additional information of the applicant to aid in their review.
C. Permits may be issued with conditions.
D. A permit may be denied for any of the following causes:
1. Making any material false statement in the application for a permit, any additional information requested by a Chief, or in any other communication related to the application.
2. Violating any provisions of this chapter or past violations of this chapter by the applicant within the past five years.
3. The applicant or property owner has unpaid or overdue real or personal property taxes, room taxes, special assessments, special charges, special taxes, delinquent utility charges, ambulance fees, inspection fees, outstanding judgments, or any other monies owed to the City of Brookfield.
4. The fire danger level is high, very high, or extreme for the event dates as determined by the Wisconsin Department of Natural Resources.
5. The fireworks display will violate NFPA 1123.
6. The applicant fails to submit any additional information pertinent to the event or display requested by the Police or Fire Chief.
7. The public health, safety, and/or welfare may be placed at substantial risk if the fireworks display were to occur.
8. The applicant’s insurance is inadequate as determined by the City Attorney.
9. The igniter does not have sufficient experience or training to conduct the fireworks display in the opinion of the Fire Chief.
10. The applicant or fireworks display would violate federal, state, or local law. (Ord. 2021-092113 § 1, 2021)
8.20.050 Permit applications.
A. Applications for a permit must be submitted to the City Clerk in writing on the form provided by the City.
B. An application shall contain the following information:
1. The applicant’s name, address, email address, and telephone number;
2. The property owner’s name, address, email address, and telephone number;
3. The name or business name, address, email address, and telephone number of the person igniting the fireworks, along with a description of the person’s experience in conducting firework displays;
4. The date, time, and location of the firework launch and a rain date for the launch; the dates during which the fireworks will be set up and stored, if different than the launch date;
5. A detailed listing of the kinds and quantity of fireworks that will be used;
6. A proposed site plan for the event, with dimensions and measurements showing where the public display will take place, the firing area, the fallout area, and distances to the audience, buildings, roadways, and public pathways;
7. A detailed description of security around the fireworks and launch area preventing public access to the fireworks and fallout area;
8. A statement that by signing the application, the applicant and the fireworks igniter or corporation that employs the igniter agrees to indemnify and defend the City, its elected and appointed officials, officers, employees, authorized representatives, and authorized volunteers against all claims, liability, loss, damages or expenses, whether caused by or contributed to by the negligence of the City, its elected and appointed officials, officers, employees, authorized representatives, and authorized volunteers.
C. The applicant shall provide a certificate of insurance and all necessary endorsements showing compliance with the provisions of this chapter with the application. Insurance documents must be approved by the City Attorney before a permit may be issued.
D. The applicant shall pay the permit fee as specified in Section 3.24.050(V) at the time of application.
E. All statements in the application shall be true. (Ord. 2021-092113 § 1, 2021)
8.20.060 Regulations for firework use.
A. For the permit dates, the permittee shall maintain liability insurance with a minimum limit of $1,000,000 each occurrence and $5,000,000 general aggregate against personal injury and property damage, naming the City, its elected and appointed officials, officers, employees, authorized representatives, and authorized volunteers as additional insureds, waiving all subrogation rights, and providing notice of cancellation to the City of Brookfield. The City Attorney may waive the notice of cancellation endorsement.
B. Except for City-sponsored events, no fireworks display shall be more than 30 minutes in duration. Except for City-sponsored events, and New Year’s Eve, no fireworks shall be discharged between the hours of 11:00 p.m. and 8:00 a.m. On New Year’s Eve, any fireworks display must be commenced by midnight and concluded by 12:30 a.m.
C. The permittee and property owner shall provide access to the site to the Fire Department for inspection prior to and during the event.
D. The permittee and display shall comply with NFPA 1123.
E. The permittee shall comply with this code and state and federal law.
F. Firework displays must comply with any special conditions that are necessary to preserve public health and/or public safety as indicated in the permit. (Ord. 2021-092113 § 1, 2021)
8.20.070 Summary suspension and reinstatement of permit.
A. Whenever the Fire or Police Chief find conditions in the operation of fireworks subject to a permit under this chapter, which in their opinion constitutes a substantial hazard to the public health, safety, or welfare, they may, without warning, notice, or hearing, immediately, suspend the permit and order the fireworks display delayed, canceled, or discontinued unless and until specific corrective action is taken within a specified time period, if applicable. Any such order, corrective actions, and time periods shall be memorialized in writing as soon as possible, but no later than 24 hours from the order.
B. The permittee may, after taking corrective action, make a written request for the Chief who issued the suspension to reinspect the site. The Chief may make as many additional inspections as necessary to ensure that the permittee is complying with the suspension order, and upon compliance, shall lift the suspension or inform the Mayor that a new permit may be issued. The permittee shall pay the actual cost of the reinspection fee within 30 days. Any unpaid reinspection fees shall be charged to the property as a special charge, pursuant to Section 66.0627, Wisconsin Statutes.
C. Any person adversely affected by a Chief’s decision under subsection (A) or (B) of this section may appeal that decision to the Administrative Appeals Board, which shall decide the issues de novo, and whose written decision will be the final decision of the City. The City elects not to be governed by Chapter 68, Wisconsin Statutes, in whole for an appeal under this chapter. Appeals, including the filing fee, shall be filed within 10 business days of the decision of the Fire or Police Chief. (Ord. 2021-092113 § 1, 2021)
8.20.080 Authority to seize fireworks.
The Police or Fire Chief may seize, at the expense of the owner, all explosives, fireworks or pyrotechnic special effects material that is stored, handled, sold, possessed, or used by any person in violation of this chapter. (Ord. 2021-092113 § 1, 2021)
8.20.090 Penalty for violation of this chapter.
Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12. (Ord. 2021-092113 § 1, 2021)