ORD20101337-Fireworks
REMOVED FROM AGENDA AT 12/14/2010 COUNCIL
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1337
AN ORDINANCE TO AMEND CHAPTER 9,
SECTION 9.03,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Fireworks)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS
FOLLOWS:
SECTION 1: Chapter 9, Section 9.03, of the Municipal Code of the City of Muskego is hereby
amended to read as follows:
9.03 SALE AND DISCHARGE OF FIREWORKS RESTRICTED
(1) STATE LAWS ADOPTED. The current and future statutory provisions of Wisconsin
Statute, Section 167.10, regulating the sale and use of fireworks, exclusive of any
provision therein relating to penalties, are hereby adopted by reference and made part of
this Ccode as though fully set forth herein. Any act required to be performed or
prohibited by any current or former statute incorporated herein by reference is required
or prohibited by this Ssection. Any future additions, amendments, revisions or
modifications of Wisconsin Statute 167.10 incorporated herein are intended to be made
a part of this Ccode.
(2) SALE OF FIREWORKS. The current and future statutory provisions of
Wisconsin Statute, Section 167.10, regulating the sale and use of fireworks, exclusive of
any provision therein relating to penalties, are
hereby adopted by reference and made a part of this code as though fully
set forth herein. Any act required to be performed or prohibited by any
current or future statute incorporated herein by reference is required or prohibited by this
Ssection. Any future addition, amendments, revisions or modifications of Wisconsin
Statute 167.10 incorporated herein are intended to be made a part of this Ccode.
(a) The sale of “fireworks”, as that term is defined in Section
167.10(1), Wisconsin Statutes, is prohibited within the City of Muskego.
(b) The sale of those items defined in Section 167.10(1)(e), (f),
(i), (j), (k), (l), (m) and (n), Wisconsin Statutes, shall only be allowed after the
seller of those items has been issued a license by the City of Muskego for that
purpose. The license shall be issued pursuant to the provisions of Section 12.03
of the City of Muskego Municipal Code, and the provisions, procedures and
conditions of that section shall apply, with the exception of the license fee. The
fee for a license issued under this section shall be a $50.00 daily fee or an
annual license fee of $500.00 to compensate for investigating and monitoring
sellers and enforcing the provisions of this section.
(c) In the event that any person holding a license under Section
9.03(2)(b), upon investigation by the Ppolice Ddepartment, is issued a citation for
selling “fireworks” as defined in Section 167.10(1), Wisconsin Statutes, all such
Ord. #1337 Page 2
fireworks shall be seized pursuant to the provisions of Section 167.10(8)(b),
Wisconsin Statutes, and the person’s license issued under this section shall be
suspended pending disposition of the citation. In the event the person is
convicted of the violation, all fireworks seized shall be destroyed pursuant to the
provisions of Section 167.10(8)(b), Wisconsin Statutes, and any license issued to
the person under this section shall be revoked.
(3) USE OF FIREWORKS.
(a) The use of fireworks, as that term is defined in Section 167.10(1), Wisconsin
Statutes, is prohibited in the City of Muskego unless the fireworks are used
pursuant to a permit issued by the City of Muskego, according to the provisions
of Section 167.10(3), Wisconsin Statutes. If the actual person that caused the
illegal discharge cannot be determined, the homeowner, lessee or renter if
present, of the property where the illegal discharge of fireworks occurs, is
responsible for violation under this section.
(b) A public authority, a fair association, an amusement park, a park board or a civic
association may make application for a permit for use throughout the year. An
individual or group of resident or non-resident individuals may make application
stth
for a permit for use on four (4) five (5) selected days between July 1 and July 7
contiguous with a Saturday and Sunday. The common council by resolution in
January of each year shall determine the permitted time for that year within the
above timeframe.
(bc) Any permitted fireworks shall be subject to the following requirements:
1. Wind velocity shall not be more than 15 miles per hour as recorded by the
U.S. Weather Bureau, Milwaukee, Wisconsin.
2. Wind direction at the time of use shall be away from buildings or other
combustible materials and structures and shall not carry fireworks onto any
adjoining buildings or cause annoyance or danger to other persons or
property.
3. Sufficient firefighting implements and personnel shall be available at the
scene to control any fire which that may be caused by the fireworks. The
permit holder shall be responsible for cleaning up any debris/litter that lands
on adjoining properties.
(cd) No fireworks may be used between 11:00P.M. and 8:00P.M., except on
December 31, 1999 the 10;00p.M. RESTRICTION IS EXTENDED TO 1:00a.m.
ON January 1, 2000. Fireworks may only be used between 3:00 P.M. and
11:00P.M.
(de) Only the permit holder may discharge fireworks and is responsible in case of a
violation of this section.
(ef) Upon the issuance of a citation to any permit holder for the violation of any of the
provisions of this section, the person’s permit to use fireworks in the City of
Muskego shall be suspended. Upon conviction of any citation issued under this
section, a person(s) application for a permit to use fireworks shall be revoked
reviewed by the Muskego Finance Committee in May of the following year.
Ord. #1337 Page 3
(fg) No person in the possession of fireworks pursuant to this section may resell
those fireworks in the City of Muskego.
(gh) The permit the Ccity issues for the use of fireworks will be printed on bright
colored paper stock and must be displayed by people taking out such permit so
that it is visible from the street. (Ord. #912 – 03/20/97)
(hi) The type of indemnity bond or liability insurance that may be required pursuant to
Wisconsin Statutes 167.10(3)(e) is required in the City of Muskego. (Ord. #912 –
03/20/97)
(ij) A fee for said permit shall be established from time-to-time by Rresolution of the
City of Muskego Common Council and must be submitted at the time of
application. (Ord. #912 – 03/20/97)
SECTION 2: The several sections of this Ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent jurisdiction to
be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and not affect the validity of all other provisions,
sections, or portion thereof of the Ordinance which shall remain in full force and effect. Any
other Ordinance whose terms are in conflict with the provisions of this Ordinance is hereby
repealed as to those terms that conflict.
SECTION 3: This Ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS DAY OF , 2010.
CITY OF MUSKEGO
_______________________________
John R. Johnson, Mayor
ATTEST: First reading:
_________________________
Clerk-Treasurer
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Notice of Newly Enacted Ordinance Published: