Title 7 > Chapter 7
Regulation and Licensing of Fireworks
Regulation of Fireworks.
(a) Definition. In this Section, “fireworks” means anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use, but does not include any of the following:
(1) Fuel or a lubricant.
(2) A firearm cartridge or shotgun shell.
(3) A flare used or possessed or sold for use as a signal in an emergency or in the
operation of a railway, aircraft, watercraft or motor vehicle.
(4) A match, cigarette lighter, stove, furnace, candle, lantern or space heater.
(5) A cap containing not more than one-quarter (114) grain of explosive mixture, if the cap is used or possessed or sold for use in a device which prevents direct bodily contact with a cap when it is in place for explosion.
(6) A toy snake which contains no mercury.
(7) A model rocket engine.
(8) Tobacco and a tobacco product.
(9) A sparkler on a wire or wood stick not exceeding thirty-six (36) inches in length or 0.25 inch in outside diameter which does not contain magnesium, chlorate or perchlorate.
(10) A device designed to spray out paper confetti or streamers and which contains less than one-quarter (1/4) grain of explosive mixture.
(11) A device designed to produce an audible sound but not explode, spark, move or emit an external flame after ignition and which does not exceed three (3) grams in total weight.
(12) A device that emits smoke with no external flame and does not leave the ground.
(13) A cylindrical fountain not exceeding one hundred (100) grams in total weight with an inside tube diameter not exceeding 0.75 inch, designed to sit on the ground and emit only sparks and smoke.
(14) A cone fountain not exceeding seventy-five (75) grams in total weight, designed to sit on the ground and emit only sparks and smoke.
Regulation and Licensing of Fireworks 7-7-1
(b) Sale. No person may sell or possess with intent to sell fireworks, except:
(1) To a person holding a permit under Subsection (c)(3);
(2) To a municipality; or
(3) For a purpose specified under Subsection (c)(2)b-f. Use.
(1) Permit Required. No person may possess or use fireworks without a user’s permit from the Town Chairperson or from an official or employee of the Town as designated by the Town Board. No person may use fireworks or a device listed under Subsection (a)(5)-(7) and (9)-(14) while attending a fireworks display for which a permit has been issued to a person listed under Sub paragraph (c)(3)a-e or under Sub paragraph (c)(3)f if the display is open to the general public.
(2) Permit Exceptions. Sub paragraph (c)(1) above does not apply to: .
a. The Town, except that Town fire and law enforcement officials shall be notified
of the proposed use of fireworks at least two (2) days in advance.
b. The possession or use of explosives in accordance with rules or general orders
of the Wisconsin Department of Commerce.
c. The disposal of hazardous substances in accordance with rules adopted by the
Wisconsin Department of Natural Resources.
d. The possession or use of explosive or combustible materials in any manufacturing
e. The possession or use of explosive or combustible materials in connection with classes conducted by educational institutions.
f. A possessor or manufacturer of explosives in possession of a license or permit
under 18 U.S.C. 841 to 848 if the possession of the fireworks is authorized under
the license or permit.
(3) Who May Obtain Permit. A permit under this Subsection may be issued only to the following:
a. A public authority.
b. A fair association.
c. An amusement park.
d. A park board.
e. A civic organization.
f. An agricultural producer for the protection of crops from predatory birds or
g. A group of resident or non-resident individuals.
(4) Crop Protection Signs. A person issued a permit for crop protection shall erect
appropriate warning signs disclosing the use of fireworks for crop protection.
(5) Bond. The Town Chairperson issuing a permit under this Subsection 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 the permit. The bond or policy may 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, together with a copy of the permit, may be filed in the officer of the Town Clerk.
(6) Required Information for Permit. A permit under this Subsection shall specify all of the following:
a. The name and address of the permit holder.
b. The date on and after which fireworks may be purchased.
c. The kind and quantity of fireworks which may be purchased.
d. The date and location of permitted use.
e. Other special conditions prescribed by ordinance. .
(7) Copy of Permit. A copy of a permit under this Subsection shall be given to the Fire
Chief and Chief of Police at least two (2) days before the date of authorized use. (8) Minors Prohibited. A permit under this Subsection may not be issued to a minor. Storage and Handling.
(1) Fire Extinguishers Required. No wholesaler, dealer or jobber may store or handle
fireworks on the premises unless the premises are equipped with fire extinguishers approved by the Fire Chief.
(2) Smoking Prohibited. No person may smoke where fireworks are stored or handled. (3) Fire Chief to be Notified. A person who stores or handles fireworks shall notify the
Fire Chief of the location of the fireworks.
(4) Storage Distance. No wholesaler, dealer or jobber may store fireworks within
five hundred (500) feet of a dwelling.
(5) Restrictions on Storage. No person may store fireworks within five hundred (500)
feet of a public assemblage or place where gasoline or volatile liquid is sold in
quantities exceeding one (1) gallon. Parental Liability. A parent or legal guardian of a minor who consents to the use of fireworks by the minor is liable for damages caused by the minor’s use of the fireworks.