ORD20111337-Fireworks
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 code 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 section. Any
future additions, amendments, revisions or modifications of Wisconsin Statute
167.10 incorporated herein are intended to be made a part of this code.
(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 section. Any future addition, amendments, revisions or modifications of
Wisconsin Statute 167.10 incorporated herein are intended to be made a part of
this code.
(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.
Ord. #1337 Page 2
(c) In the event that any person holding a license under Section
9.03(2)(b), upon investigation by the police department, is issued a citation
for selling “fireworks” as defined in Section 167.10(1), Wisconsin Statutes,
all such 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 the violation under
this section. A public authority, a fair association, an amusement park, a
park board or civic association may make application for a permit for use
throughout the year. A group of resident or non-resident individuals may
make application for a permit for use from July 1 through July 7 each year.
(b) Any 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 that may be caused
by the fireworks.
(c) Fireworks may only be used between 11:00A.M. and 11:00P.M.
(d) Only the permit holder may discharge fireworks and is responsible in case
of a violation of this section.
(e) Upon conviction of any citation issued under this section, a person(s)
application for a permit to use fireworks shall be reviewed by the Muskego
Finance Committee in May of the following year.
Ord. #1337 Page 3
(f) No person in the possession of fireworks pursuant to this section may
resell those fireworks in the City of Muskego.
(g) The permit the city 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)
(h) 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)
(i) A fee for said permit shall be established from time-to-time by resolution of
the City of Muskego Common Council and must be submitted at the time
of application.
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
First reading: 01/25/2011
ATTEST:
_________________________
Clerk-Treasurer
1/2011
Notice of Newly Enacted Ordinance Published: