Chapter 8.15
FIREWORKS
Sections:
8.15.010 Sale and discharge of fireworks restricted.
8.15.030 Blank cartridges and flares.
8.15.050 Places where fireworks are stored or handled.
8.15.080 Items not applicable.
8.15.090 Smoke and party novelties.
8.15.010 Sale and discharge of fireworks restricted.
No person shall sell, expose or offer for sale, use, keep, discharge or explode any firecrackers, blank cartridges, toy pistols or cannons, toy canes or cannons in which explosives are used, contrivances using explosive caps or cartridges, sparklers, display wheels, the type of balloon which requires fire underneath to propel the same, torpedoes, sky rockets, roman candles, aerial salutes, American or Chinese bombs or other fireworks of like construction, or any fireworks containing any explosive or flammable compound, or any tablets or other devices commonly used and sold as fireworks containing nitrates, chlorates, oxalates, sulfides of lead, barium, antimony, arsenic, mercury, nitroglycerin, phosphorus or any compound containing any of the same or other modern explosives, within the Town of East Troy, except as hereinafter provided. (2008 code § 9.03(1))
8.15.020 Exceptions.
Nothing herein contained shall prohibit the use of fireworks other than those prohibited by ETMC 8.15.060 for pyrotechnic displays given by public authorities, fair associations, amusement parks, park boards, civic organizations or groups of individuals or for the protection of crops from predatory birds or animals by agricultural producers that have been granted a permit for such display or protective use by the Chairman of the Town and permits issued for crop protection shall state the type of fireworks to be used for such purpose and the owner or lessee of said land on which said fireworks are installed shall erect appropriate warning signs disclosing the use of fireworks for crop protection.
1. The provisions of Wis. Stat. § 167.10 shall control the issuing of permits.
2. The issuing officer may require an indemnity bond with good and sufficient sureties 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 such permit. Such bond, if required, shall be taken in the name of the Town. The bond, if required, together with a copy of the permit, shall be filed with the office of the Clerk of the Town. (2008 code § 9.03(2))
8.15.030 Blank cartridges and flares.
Nothing herein contained shall prohibit the use or sale of blank cartridges for circus or theatrical purposes or signal purposes in athletic contests or sports events or use by militia, police or military organization; nor the use or sale of colored flares or torpedoes for railway, aircraft or highway signal purposes. (2008 code § 9.03(3))
8.15.040 Sales at wholesale.
Nothing in this chapter shall be construed to prohibit any resident wholesaler, dealer or jobber from selling fireworks other than those prohibited by ETMC 8.15.060 at wholesale, but only when the same are shipped or delivered directly outside of the Town and it is otherwise lawful. (2008 code § 9.03(4))
8.15.050 Places where fireworks are stored or handled.
The following provisions shall apply to places where fireworks are stored or handled.
1. Such premises shall be equipped with fire extinguishers approved by the Fire Chief.
2. Smoking shall be prohibited where fireworks are stored or handled.
3. It is hereby made the duty of every wholesaler, dealer or jobber keeping, storing, or handling within the Town of East Troy, fireworks of any description, to notify the Fire Chief immediately of the receipt of such fireworks or the removal thereof from one location to another and the location where such fireworks are stored. No such fireworks shall be stored in any building used for dwelling purposes or in any building situated within 50 feet of any building used for dwelling purposes or in places of public assemblage or within 50 feet of any gasoline pump, gasoline filling station or gasoline bulk station or any building in which gasoline or volatile liquid is sold in quantities in excess of one gallon. (2008 code § 9.03(5))
8.15.060 Prohibited items.
Under no circumstances shall any person sell, keep for sale, manufacture or bring into this Town for use therein any fire balloon, mortars excepting mortars used for special display purposes or cannon, or any explosive cane, toy pistol, toy revolver or other contrivance using explosive caps or cartridges, any Chinese firecrackers more than two inches in length or more than three-eighths-inch in diameter (outside measurements of container) or any article containing a compound of mercury or yellow phosphorus. (2008 code § 9.03(6))
8.15.070 Paper caps.
Prohibitions and penalties provided herein shall not apply to toy pistols, toy canes, toy guns or other devices in which paper caps manufactured in accordance with the United States Interstate Commerce Commission regulation for packing and shipping of toy paper caps are used or to toy pistol paper caps so manufactured, the sale and use of which shall be permitted at all times. (2008 code § 9.03(7))
8.15.080 Items not applicable.
The prohibitions and penalties provided for herein shall not apply to:
1. Gold Star producing sparklers or wires which contain no magnesium, chlorate or perchlorate; and
2. Toy snakes which contain no mercury; the sale and use of which shall be permitted at all times. (2008 code § 9.03(8))
8.15.090 Smoke and party novelties.
The prohibitions and penalties provided for herein shall not apply to smoke novelties and party novelties which contain less than 20/500ths of a grain of explosive mixture. (2008 code § 9.03(9))