Chapter 8.35
FIREWORKS

Sections:

8.35.010    Sale, etc., of fireworks – Public displays.

8.35.010 Sale, etc., of fireworks – Public displays.

(a) It shall be unlawful for any person to offer for sale, sell or give away any fireworks within the town of Wheatland without first obtaining a license therefor and paying a yearly license fee of $500.00.

(b) Any person applying for a license to offer for sale, sell or give away any fireworks shall file with the town clerk a sworn application in writing which shall contain the following information:

(1) The name of applicant;

(2) The permanent home address and local address of the applicant and the representative thereof filing the application;

(3) A description of the nature of the business to be conducted;

(4) The place where the sale or giveaway of the fireworks will take place, which place must be approved by the town fire chief prior to the issuance of the license;

(5) In the event the applicant is a local, bona fide, nonprofit civic organization, no license fee will be charged, however the nonprofit civic organization must provide with their application a statement as to the proposed distribution of any proceeds received from the sale of the fireworks;

(6) The applicant must apply each year and pay the license fee each year.

(c) The sale or giveaway of any fireworks within the town shall only be from June 1st to July 31st of each year.

(d) It shall be unlawful for any person to discharge or detonate any fireworks within the town except for the following dates and times:

(1) June 30th, July 1st, July 2nd, July 3rd: from 8:00 a.m. until 10:00 p.m. each day.

(2) July 4th from 8:00 a.m. until 12:00 midnight without obtaining a special permit as set forth in subsection (e) of this section.

(e) The governing body of the town of Wheatland may issue a special permit to allow detonation of fireworks on dates other than those set forth in subsection (d) of this section, if an application is made to the governing body by an organization to detonate fireworks at a bona fide civic or athletic event for the general public. The following shall be set forth in the application:

(1) The date and time the fireworks will be detonated.

(2) The exact location the fireworks will be detonated.

(3) A written recommendation by the police chief of the town of Wheatland, indicating that the proposed location for the fireworks detonation is acceptable, and if not, the reasons therefor.

(4) A written recommendation by the fire chief of the Wheatland volunteer fire department, indicating that the proposed location for the fireworks detonation is acceptable, and if not, the reasons therefor. The fire chief shall also state whether or not the type and class of fireworks should be approved.

(5) The type of fireworks to be detonated, and the class of fireworks that will be detonated.

(6) The exact length of the fireworks show.

(7) A statement of whether or not insurance coverage for bodily injury and property damage will be provided.

After reviewing the application and any other relevant information, the governing body shall have in its full discretion the right to approve or deny the application.

(f) It shall be unlawful for any person to discharge or detonate fireworks on any property owned by the town, including but not limited to streets and highways within the town limits.

(g) In the event the board of Platte County commissioners finds that a fire danger exists within the confines of Platte County, Wyoming, and bans the discharge of fireworks within Platte County, Wyoming, excluding the incorporated areas, then the governing body for the town of Wheatland, by resolution, at a regular or special meeting, can immediately restrict the sale of fireworks within the town of Wheatland.

(h) In the event the sale of fireworks is prohibited, then any license fee paid to the town of Wheatland will be prorated, and a refund given to any license holder. The fee will be pro-rated on a daily basis; provided, however, fees will not be pro-rated unless the governing body passes a resolution restricting or prohibiting the sale of fireworks within the town of Wheatland as set forth above.

(i) In the event any person or entity violates the prohibition on sale of fireworks, said violation will be a misdemeanor, and punishable by a fine of up to $750.00 per day. Each day shall constitute a separate violation. [Ord. 685, 2001; Ord. 647, 1996; Ord. 642, 1995; Ord. 634, 1995; Ord. 603, 1991; Ord. 544, 1982. 1996 Code § 8-6.]

    For state law as to authority of town as to sale, etc., or use of fireworks, see WS, 1977, 15-1-103, 35-10-203, 35-10-205.

    As to fireworks generally, see WS, 1977, 35-10-201 to 35-10-207.

    As to discharge of firearms, see WMC 9.05.090.