ORD1990699COMMON COUNCIL - CITY OF MUSKEGO
0F:DINANCE #699
AN ORDINANCE TO AYEND SECTIONS 9.03 and 12.03
OF TH'E MUNICIPAL CODE
RELATING TO THE SALE AND DISCHARGE OF FIREWORKS
OF THL CITY OF MUSKEGO
ORDAIN AS FOLLOWS:
THE COMMON COUNCIL OF 'THE CITY OF MUSKEGO, WISCONSIN DO
SECTION 1: Chapter 9, Section 9.03 of the Municipal Code of
the City of Muskego is here'Jy repealed and recreated to read as
follows:
9.03 SALE AND DISCHARGE OF FIKEWORKS RESTRICTED
(1) State laws adopted.
The current and futu.re statutory provisions of Wisconsin
Statute, Section 167.10 regulating the sale and use of
penalties, are hereb:r adopted by reference and made a part
fireworks, exclusive of any provision therein relating to
of this Code as though fully set forth herein. Any act
required to be performed or prohibited by any current or
required or prohibited by this Section. Any future
future statute incorporated herein by reference is
Wisconsin Statute 16?.10 incorporated herein are intended
additions, amendments, revisions or modifications of
to be made a part of this Code.
(2) Sale of Fireworks
(a) The sale of "fireworks", as that term is defined
within the City of Muskego.
in Section 167.10(1), Wis. Stats., is prohibited
(b) The sale of those items defined in Section
Wis. Stats., 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
the City of Muskego Municipal Code, and the
issued pursuant to the provisions of Section 12.03 of
provisions, procedures and conditions of that section
The fee for a license issued under this section shall
shall apply with the exception of the license fee.
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.
167.10(l)(e), (f), (i), (j), (k), (I), (m) and (n),
Ordinance #699
Page 2
(c) In the event that any oerson holding a license
under Section 9.03(2) (b) ,'ubon investigation by the
Police Department, is issued a citation for selling
"fireworks" as defined in Section 167.10(1), Wis.
Stats., all such fireworks shall be seized pursuant
to the provisions of Section 167.10(8)(b), Wis.
Stats., 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, ,311 fireworks seized shall be
destroyed pursuant to the provisions of Section
167.10(8)(b), Wis. Stats., and any license issued to
the person under this section shall be revoked.
~~ ~~
(3) Use of Fireworks.
0
(a) The use of fireworks, as that term is defined by
Section 167.10(1), Wis. Stats., is prohibited in the
pursuant to a p,?rmit issued by the City of Muskego
City of Muskego unless the fireworks are used
according to the provisions of Section 167.10(3),
Wis. Stats. A :?ublic 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. A group of resident or non-
resident indivi'juals may make application for a
permit for use from July 1 through July 7 each year.
(b) Any firewo.cks use shall be subject to the
following requirements:
1 . Wind velmscity shall not be more than 15 miles
per hour as .recorded by the U. S. Weather Bureau,
Milwaukee, Wisconsin.
2. Wind dinction at the time of use shall be
away from buildings or other combustible materials
and structur,?s and shall not carry fireworks onto
any adjoining buildings or so as to cause
annoyance or danger to other persons or property.
3. Sufficient firefighting implements and
personnel sh.311 be available at the scene to
control any :Eire which may be caused by the
fireworks us,?.
(c) No fireworks may be used between 1O:OO P.M.
and 8:OO A.M.
(d) Only the permit holder may discharge fireworks.
Ordinance #699
Page 3
holder for the violation of any of the provisions of
(e) Upon the issuance of a citation to any permit
this section, the person's permit to use fireworks in
the City of Muskego shall be suspended. Upon
conviction on any citation issued under this section,
a person's permit to use fireworks shall be revoked.
pursuant to this section may resell those fireworks
(f) No person in the possession of fireworks
in the City of Muskego.
SECTION 2: Chapter 12, Section 12.03(7)(a) of the City of
Muskego Municipal Code is hereby repealed and recreated to read
as follows:
(a) Except as provided in Section 9.03(2)(b) of this
Code, every applicant for a license under this
section shall pay a $10.00 daily fee on the following
annual license Eees and taxes: $50.00 for a Peddler
License or a Canvasser/Solicitor License and $100.00
for a Transient Merchant License paid at time of
9.03(2)(b) shall be as set in that section.
issuance. The fee for a license under Section
SECTION 3: 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 r.zmain in full force and effect. Any
other ordinance whose terms are in conflict with the provisions
of this ordinance are hereb:y repealed as to those terms that
conflict.
SECTION 4: This ordinance shall be in full force and effect 8
from and after its passage ;and publication.
Passed and approved this 27th day Of November , 1990 . -
CITY OF MUSKEG0
ATTEST :
K %A CiH Clerk
. SALENTINE, MAYOR
PULISHED December 6th, 1990.
STATE OF WISCONSIN 1
Milwaukee Counly )
) ss.
I CITYOFMUSKEGO Official Notice - COMMON COUNCIL
ORDINANCE X699 AN ORDINANCE TO AMEND SECTIONS
9.03 and 12.03 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEG0 RELATING
TO THE SALE AND DISCHARGE OF
FIREWORKS THE COMMON COUNCIL OF THE CITY
OF MUSKEGO. WISCONSIN DO ORDAIN
AS FOLMWS:
Municipal Code of the City of Muskego is
SECTION 1: Chapter 9. Section 9.03 of the
hereby repealed and recreated to read as
follows:
WORKS RESTRICTED
9.03 SALE AND DISCHARGE OF FIRE-
(1) State laws adopted.
The current and future statutory provi-
sions of Wisconsin Statute, Section 167.10
regulating the sale and use of fireworks.
exclusive of any provision therein relating to
and made a part of this Code as though fully penaltiee are hereby adopted by referenee
set forth herein. Any act required to be
performed or prohibited by any current or
future statute incorporated herein by refer-
ence is required or prohibited by this
Seetion. Any future additions, amendments,
revisions or modifications of Wisconsin
Statute 161.10 incorporated herein are
intended to be made part of thin Code.
(2) Sale of Fireworks
defined in Section 167.10(1). Wis. Stab.. is
(a) The sale of ‘fireworks”. as that term is
prohibited within the City of Muskego.
(b) The Bale of those items defined in
Section 167.10(1Xe). (0, (i), (j), (k), (I), (m) and
(n), Wis. Stab., 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 pur-
suant to the provisions of Section 12.03 of
the City of Muskego Municipal Code, and
the provisions, procedures and conditions of
that Seetion 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 monitor-
this section.
ing sellers and enforcing the provisions of
(c) In the event that any person holding a .........
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Wisconsin and lhal an adverlisemenl of which the annexed is a
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BOOKKEEPER,
”- Subscribed and sworn lo before me lhis ... .6.n<. .. day
license und,?r Section Y.UJIZ)IOI, upon mves.
a citation fiw selling ‘fireworks” as defined
tigation by the Police Department, is issued
in Section 167.10(1). Wis. stab.,
fireworks shall be seized pureuant to the
pmvisions of Section 167.10(8~b), win.
Stab.. and I.he person’s license issued ,,“der
this sectiorl shall be suspended pending
disposition ,of the citation. In the event the
fireworks seized shall be destroyed pursuant
person is 8:onvicted of the violation, all
to theprovisionsofsection 167.10(8)m). wis.
Stab., and ;any license issued to the perm”
under this section shall be revoked.
(3) Use of Fireworks.
(a) The ulle of fireworks, as that term is
defined by Eection 167.10(1), win. state., is
prohibited in the City of Muskego unless the
fireworks 81- used pursuant to a
issued by the City of Muskego amding to
the pmvisiona of Section 167.10(3). wia.
Stats. A public autbonty. a fair as-ation,
an amusement park. a perk board or B civic
asswiation may make application for a
permit for ulge throughout the year. A gmup
of resident or non-resident individuals may
July 1 through July 7 each year.
make applicltion for a permit for use tium
the followin(: requiremenla:
(b) Any fireworks use shall be subject to
1. Wind velocity shall not be more than 15
miles per hour as recorded by the U. S.
Weather Bureau, Milwaukee, Wisconsin.
2. Wind dlreetion at the time of urn shall
be away horn buildings or other combustible
fireworks onto any adjoining buildings or so
materials and structures and shall not carry
as to cause annoyance or danger to other
persons or property.
3. SulIicient fiiefqhting implements and
personnel shall be available at the scene to
control any lire which may be caused by the
fireworks use.
(c) No fireworks may be used between
1O:OO P.M. end 8:OO A.M.
(d) Only the permit holder may discharge
fireworks.
(e) Upon the issuance of a citation to any
permit holder for the violation of any of the
provisions ,,f this section, the person’s
permit to me fireworks in the City of
Muskego shall be suspended. Upon WnviC-
tion on any citation issued under this
section, a p?rson’s permit to use fireworks
shall be revoked. (0 No penon in the possession of fireworks