ORD20131367-Fireworks
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1367
AN ORDINANCE TO AMEND CHAPTER 9,
SECTIONS 9.03 (1), (2) AND (3),
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Use of Fireworks)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 9, Sections 9.03 (1) and (2), 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, except in so far as this
ordinance is more restrictive as to use, 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 future additions, amendments, revisions or modifications of
Wisconsin Statute 167.10 incorporated herein are intended to be made a part of this
code, except in so far as this ordinance is more restrictive as to use.
(2) SALE OF FIREWORKS. The current and future statutory provisions of Wisconsin
Statute, Section 167.10, regulating the sale and use of fireworks, except in so far as this
ordinance is more restrictive as to use, 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 future addition, amendments, revisions or modifications of
Wisconsin Statute 167.10 incorporated herein are intended to be made a part of this
code, except in so far as this ordinance is more restrictive as to use.
(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 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),
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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.
SECTION 2: Chapter 9, Section 9.03 (3), of the Municipal Code of the City of Muskego
is hereby amended to read as follows:
(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. A
public authority, a fair association, an amusement park, a park board or
civic organization, and agricultural producer for the protection of crops
from predatory birds or animals may make application for a permit for use
throughout the year pursuant to Section 167.10 (3) (c). A group of
resident or non-resident individuals may make application for a permit for
use from July 1 through July 7 each year. A separate application must be
submitted for each day use is intended. Each application must designate
the individual responsible for the discharge of fireworks. All permit
applications must be filed between May 1 and June 30.
(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 11:00 A.M. and 11:00 P.M.
(d) Only the individual or professional designated on the permit application
may discharge fireworks and is responsible in case of a violation of this
section. 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.
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(e) Upon conviction of any citation issued under this section, and/or written
complaints filed with the City, or a written warning issued to an individual
from the police department, a person’s application for a permit to use
fireworks shall be reviewed by the Muskego Public Safety Committee by
May 1. The failure of an individual to appear before the Committee will
result in the individual’s application for a permit being denied. Any
complaint must be submitted to the Committee by
July 8.
(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 must be made available
upon request of a police officer. In accordance with state statute, a copy
of a permit shall be given to the municipal fire and law enforcement official
at least 2 days before the date of authorized use.
(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 for all permit holders. (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. (Ord. #912 – 03/20/97)
(j) The Mayor, upon recommendation of the Fire Chief because of extreme
dryness or drought, shall deem it necessary to place a temporary ban on
fireworks. If the ban is not lifted within the permitted time frame allowing
for at least 2 days remaining, the Common Council shall determine the
remedy.
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
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 4: This Ordinance shall be in full force and effect from and after its passage
and publication.
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PASSED AND APPROVED THIS 12 DAY OF FEBRUARY , 2013.
Ord. #1367 4
CITY OF MUSKEGO
_______________________________
Kathy Chiaverotti, Mayor
ATTEST: First Reading: 01/22/2013
_________________________
Clerk-Treasurer
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Notice of Newly Enacted Ordinance Published: February 21, 2013