§ 16-89. User's permit.
(a)
Permit required. No person may possess or use fireworks without a user's permit from the village president or from an official or employee of the village as designated by the village board. No person may use fireworks or a device listed under sections 16-86(5)—(7) and sections 16-86(9)—(14), while attending a fireworks display for which a permit has been issued to a person listed under subsections (d)(1)—(5) or under subsection (d)(6) of this section if the display is open to the general public.
(b)
Permit exceptions. Subsection (a) of this section does not apply to:
(1)
The village, except that village fire and law enforcement officials shall be notified of the proposed use of fireworks at least two days in advance.
(2)
The possession or use of explosives in accordance with rules or general orders of the state department commerce.
(3)
The disposal of hazardous substances in accordance with rules adopted by the state department of natural resources.
(4)
The possession or use of explosive or combustible materials in any manufacturing process.
(5)
The possession or use of explosive or combustible materials in connection with classes conducted by educational institutions.
(6)
A possessor or manufacturer of explosives in possession of a license or permit under 18 USC 841 to 848 if the possession of the fireworks is authorized under the license or permit.
(7)
Except as provided in subsection (c) of this section, the possession of fireworks in the village while transporting the fireworks to a city, town or village where the possession of the fireworks is authorized by permit or ordinance.
(c)
Transportation of fireworks. Subsection (a) of this section applies to a person transporting fireworks under subsection (b)(7) of this section if, in the course of transporting the fireworks through the village, the person remains in the village for a period of at least 12 hours.
(d)
Who permit may be issued to. A permit under this subsection may be issued only to the following:
(1)
A public authority.
(2)
A fair association.
(3)
An amusement park.
(4)
A park board.
(5)
A civic organization.
(6)
A group of resident or nonresident individuals.
(7)
An agricultural producer for the protection of crops from predatory birds or animals.
(e)
Crop protection signs. A person issued a permit for crop protection shall erect appropriate warning signs disclosing the use of fireworks for crop protection.
(f)
Bond. The village president issuing a permit under this section 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, if required, shall be taken in the name of the village, 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, if required, together with a copy of the permit shall be filed in the office of the village clerk-treasurer.
(g)
Required information for permit. A permit under this section shall specify all of the following:
(1)
The name and address of the permit holder.
(2)
The date on and after which fireworks may be purchased.
(3)
The kind and quantity of fireworks which may be purchased.
(4)
The date and location of permitted use.
(5)
Other special conditions prescribed by ordinance.
(h)
Copy of permit. A copy of a permit under this section shall be given to the fire chief and chief of police at least two days before the date of authorized use.
(i)
Minors prohibited. A permit under this section may not be issued to a minor.
(Code 1984, § 7-8-1(c))
State law reference
Similar provisions, Wis. Stats. § 167.10(3).