ORD19701770F.DINANCE #177 (P s Amended)
AM ORDINANCE To CREATE SECTION 12.15 OF THE
MLNICIPAL CODE
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN,
DO ORDAIN AS FOLLOWS:
SECTION 1. Secti.on 12.15 of the Municipal Code is hereby
created to read as follows:
12.15 FEGULATINC: THE STORAGE AND USE OF EXPLOSIVES
WITHIN THE; CITY AND REQUIRING A PERMIT THEREFOR.
(1) No person shall keep, store or allow to be
kept or stored, in any building owned or occupied by him within
the City of Muskego, any bulk gun powder, dynamite or other
explosive material or device, nor shall such material be used
for any purpose within the City, without first having obtained
a permit therefor, except as provided herein.
(2) Applications shall first be submitted to the Chief
of Police on forms provided by the City and the applicant shall
furnish the following in information:
(a) Name, address and occupation.
(b) Location of building on premises where
material is to be used or stored.
(c) Estimated duration of storage.
(d) Description of explosive material or device.
(e) Purpose or use for which intended.
(f) Such other information as the Chief of Police
may deem necessary
(3) Upon approval of the Chief of Police and payment of
the required fee, the Clerk shall issue a permit to be countersigned
by the Mayor. The fee shall be as follows:
(a) $2.00 for a 60 day permit.
(b) $10.00 for annual permit.
(4) Bond. The Mayor may require an indemnity bond with
good and sufficient sureties for the payment of all claims that
may arise by reason of injllries to person or property from the
handling, use or storage oE materials under such permit. Such
bond, if required, shall b': taken in the name of the City and any
person injured thereby may bring an action on said bond in his own
name to recover the damage he has sustained, but the aggregate lia-
bility of the surety to all persons shall not, in any event, exceed
the amount of such bond. The bond, if required, together with a
copy of the permit shall bz filed in the Office of the City Clerk.
The bond limits may be in ,A maximum amount of Three Hundred Thousand
($300,000.00) Dollars.
(5) Industrial Commission Rules. The rules of the
Industrial Commission with respect to the storage and handling
of explosives and explosive devices as contained in the Wisconsin
Administrative Code, SectLon IND, Chapter 5, are incorporated
herein by reference and made a part hereof as if fully set forth
herein.
(6) In the event of a conflict between the provisions
of this ordinance and the provisions of the Administrative Code,
the stricter shall prevail..
e *
(7) Exemptions. The provisions of this ordinance shall
not apply in the following; circumstances:
(a) To the stor'age of flammable liquids or the use
of fireworks as otherwise regulated in the Municipal
Code.
(b) To the use of blank cartridges for signal purposes
in athletic contests or other sports or recreational
events.
(c) To the storage or use of explosives or explosive
devices by militia, police or military organizations.
(d) To the use or sale of flares or torpedos for highway
signal purposes.
(e) To the storage of powders or explosive component
parts when the same shall be used for the purpose
of reloading shells for the personal use of the
owner thereof for hunting or target shooting.
(8) Review of Permit and Revocations. Any person to whom
a permit is denied pursuant to this ordinance may in writing petition
for a review of said denial before the Common Council. Said petition
must be made within ten (13) days after notice of said denial.
After a hearing the Council shall either confirm the denial or
grant the permit. Proceedings for revocation of a permit hereunder
shall be as provided in Se'ztion 12.09(7) of the Municipal Code.
0 SECTION 2. All ordinances or parts of ordinances incon-
sistent with or contravening this ordinance are hereby repealed.
SECTION 3. This ordinance shall be in full force and
effect from and after its passage and publication.
PASSED AND APPRD'IED THIS 23rd DAY OF February , 1971.
0 ATTEST:
Mayor
City Clerk
PUBLISHED 3/4/71
ORD IN4NCE # I77
AN ORDINANCE TO >REATE SECTION 12. 15 OF THE
MUN I C I PAL CODE.
DO ORDAIN AS FOLLOWS:
THE COMMON COUNCIL {OF THE CITY OF MUSKEGO, WISCONSIN,
SECTION I. Section 12.15 of the Municipal Code is hereby
created to read as follows:
12.15 REGULATING THE STORAGE AND USE OF EXPLOSIVES
WITHIN THE CITY AND REQUIRING A PERMIT THEREFOR.
(I) No person shall use, keep, store or allow to be
kept or stored, in any building owned or occupied by him within
the City of Muskego, any bulk gun powder, dynamite or other explosive
material or device, without first having obtained a permit therefor,
except as provided herein.
e of Police on forms provided by
furnish the following inforrnat
(2) Applications shall first be submitted to the Chief
the City and the applicant shall
I on:
(a) Name, address ,jnd
(b) Location of build
material is to be
occupation.
ing on premises where
used or stored.
(c) Estimated duration of storage.
(d) Description of explosive material or device.
(e) Purpose or use for which intended.
(f) Such other informatm as the Chief of Pol ice
may deem necessary.
(3) Upon approval clf the Chief of Police and payment of the
required fee, the Clerk shall issue a permit to be countersigned
by the Mayor. The fee shall be as follows:
(a) $2.00 for a 60 day permit.
(b) $10.00 for anntlal permit.
(4) Bond. The Mayor may requ ire an i ndemn ity bond with
good and sufficient sureties; for the payment of all claims that
may arise by reason of injuries to person or property from the
handling, use or storage of materials under such permit. Such
bond, if required, shall be taken in the name of the City and any
person injured thereby may tmr i ng an act ion on sa id bond in h is own
name to recover the damage ke has sustained, but the aggregate Iia-
bility of the surety to all persons shall not, in any event, exceed
the amount of such bond. Tk,e bond, if required, together with a
copy of the permit shall be filed in the Office of the City Clerk.
The bond limits may be in a maximum amount of Three Hundred Thousand
($300,000.00) Dollars.
(5) Industrial Conmission Rules. The ru
Industrial Commission with respect to the storage
of explosives and explosivc devices as contained
Administrative Code, Section IND, Chapter 5, are
herein by reference and made a part hereof as if e
les of the
in the Wisconsin
incorporated
fully set forth
and handling
* hereh.
(6) In the event of a conflict between the provisions
of this ordinance and the provisions of the Administrative Code,
the stricter shall prevail.
(7) Exemptions. The provisions of this ordinance shall
not apply in the following circumstances:
(a) To the
of fir
Code.
e
(b) To the
in ath
events
(c) To the
storage of flammable liquids or the use
works ,3s otherwise regulated in the Municipal
use of blank cartridges for s
etic cm2ntests or other sports
ignal purposes
or recreational
storaas? or use of explosives or explosive - devices by militia, police or military organizations.
(d) To the use or sale of flares or torpedos for highway
signal purposss.
(e) To the storagz of powders or explosive component
parts when th- same shall be used for the purpose
of reloading shells for the personal use of the
owner thereof for hunting or target shooting.
(8) Review of Pernit and Revocations. Any person to whom
a permit is denied pursuant to this ordinance may in writing petition
for a review of said denial before the Common Council. Said petition
must be made within ten (IO) days after notice of said denial.
After a hearing the Council shall either confirm the denial or
grant the permit. Proceedings for revocation of a permit hereunder
shall be as provided in Section 12.09(7) of the Municipal Code.
e SECTION 2. All ordinances or parts of ordinances incon-
sistent with or contravening this ordinance are hereby repealed.
SECTION 3. This ordinance shall be in full force and
i effect from and after its passage and publication.
Passed and Approved this day of , 1971.
I
ATTEST:
City Clerk .
I PUBL I SHED 1