ORD20181421-Fireworks-Final
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1421
AN ORDINANCE TO AMEND CHAPTER 263,
SECTION 263-4,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Fireworks)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
263-4 FIREWORKS.
A. State law adopted. The current and future statutory provisions of § 167.10, Wis. Stats.,
regulating the sale and use of fireworks, except insofar as this section is more restrictive as to
use, exclusive of any provision therein relating to penalties, are hereby adopted by reference
and made part of this section as though fully set forth herein. Any future additions, amendments,
revisions or modifications of § 167.10, Wis. Stats., incorporated herein are intended to be made
a part of this section, except insofar as this section is more restrictive as to use.
B. Sale of fireworks.
(1) The sale of fireworks, as that term is defined in § 167.10(1), Wis. Stats., is prohibited within
the City of Muskego.
(2) The sale of those items defined in § 167.10(1)(e), (f), (i), (j), (k), (l), (m) and (n), 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 issued pursuant to the provisions of
Chapter 267, Peddlers, Solicitors and Transient Merchants, of the City Code, and the
provisions, procedures and conditions of that chapter shall apply, with the exception of the
license fee. The fee for a license issued under this section shall be a daily fee or an annual
license fee established by resolution of the Common Council to compensate for investigating
and monitoring sellers and enforcing the provisions of this section.
C. Use of fireworks.
(1) Prohibited without a permit. The use of fireworks, as that term is defined in § 167.10(1), Wis.
Stats., is prohibited in the City of Muskego unless the fireworks are used pursuant to a group
user permit or individual user permit issued by the City of Muskego according to the
provisions of § 167.10(3), Wis. Stats., and all of the requirements and limitations of this
section.
(2) Group user permit. A group user fireworks discharge permit application may be made by a
public authority, a fair association, an amusement park, a park board, a civic organization,
corporate entities located in the City, a group of individuals that are all residents of the City of
Muskego, or an agricultural producer for the protection of crops from predatory birds or
animals. Such application may be made pursuant to § 167.10(3)(c), Wis. Stats., and shall be
subject to all terms of this section. In the interest of neighboring property owners, for group
users, a pyrotechnic professional must discharge the fireworks and shall obtain liability
insurance naming the City of Muskego as an additional insured and provide separate written
endorsements to the insurance policy as requested and approved by the City Attorney in the
amount of $1,000,000 for bodily injury to one person, $2,000,000 for injury to more than one
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person, and $1,000,000 for damage to property. A Certificate of Insurance along with the
required endorsements in a form approved by the City Attorney shall be provided prior to the
discharge of any fireworks, evidencing all of the required insurance coverage. The
application must specify the name and address of the requested permit holder, the date on
and after which fireworks may be purchased, the general kind and approximate quantity of
fireworks which may be purchased, the date and location of the proposed use, and the
name, address and telephone number for the pyrotechnic professional that will discharge the
fireworks. If the application is from a group of individuals, the group must have permission
from the owner of the property where the fireworks will be discharged. A group user permit
shall only be granted for a one-time event per calendar year. In the event that a fireworks
show is cancelled due to weather conditions, the group user permit is valid for the next
calendar day only.
(3) Individual user permit. An individual user fireworks discharge permit application may be
made by any owner and resident of real property in the City of Muskego for intended
discharge on such applicant's property. Such application may be made pursuant to
§ 167.10(3)(c), Wis. Stats., and shall be subject to all applicable terms of this section. Such
use is restricted to the following dates: July 3, 4, or 5 each year, subject to the following. If
the 4th of July falls on a Monday or Tuesday, the Saturday before will be allowed. If the 4th
of July falls on a Wednesday or Thursday, the Saturday after will be allowed. The
application must specify the name and address of the requested permit holder, the date on
and after which fireworks may be purchased, the general kind and approximate quantity of
fireworks which may be purchased, the date and location of the proposed use, and the
name, address and telephone number for the individual responsible for the discharge of
fireworks. In the interest of neighboring property owners, the applicant must further provide
to the City proof of Homeowner’s Liability Insurance covering the applicant in the case of
personal injury or property damage that occurs as a result of the discharge of fireworks. All
permit applications under this subsection must be filed between May 1 and June 30, unless
earlier submission is required to allow for Public Works and Safety Committee review
pursuant to Subsection C(4)(h).
(4) Restrictions and limitations. In addition to all other requirements of this section and
applicable state laws, any use of fireworks shall be subject to the following requirements:
a) Wind velocity. Wind velocity at the time of use shall not be more than 15 miles per hour
as recorded by the United States Weather Bureau, Milwaukee, Wisconsin.
b) Wind direction. 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.
c) Distance. All fireworks must be discharged at a minimum of Twenty-five (25) feet away
from any combustible material.
d) Fire prevention. Sufficient firefighting implements and personnel shall be available at the
scene to control any fire that may be caused by the fireworks.
e) Hours. Fireworks may only be used between 4:00 p.m. and 11:00 p.m.
f) Responsibility on permitted property. For property that is subject to a fireworks permit,
only the individual or professional designated on the permit application may discharge
fireworks. Such individual or professional is responsible, in case of a violation, jointly and
severally with the permit holder and property owner, and any or all of these parties may
be cited for the violation.
g) Responsibility on nonpermitted property. For property that is not permitted for the
discharge of fireworks, if fireworks are discharged the actual person that caused the
illegal discharge is responsible for the violation if such person is identified to the City's
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satisfaction. If the City cannot determine to its satisfaction the actual person that caused
the illegal discharge, the owner or occupant of the property where the discharge
occurred will be presumed to have caused the discharge or to have aided or abetted the
discharge and shall be held responsible for the illegal discharge and may be cited for the
violation. Such presumption may be rebutted only by credible evidence to show that the
owner or occupant of the property had no knowledge of the fireworks being on the
property at any time prior to the discharge and that the owner or occupant of the property
fully cooperated with the City in trying to identify the actual person who caused the illegal
discharge. If the actual person that caused the illegal discharge is a minor child, the
parents of the minor child shall be held responsible along with the minor child and may
be cited for the violation.
h) Public Works and Safety Committee review. The City of Muskego Public Works and
Safety Committee shall review certain fireworks permit applications. This review applies
when the application includes an applicant, property owner, or person designated to
discharge fireworks who has been convicted of any citation issued under this Section in
the prior year, or was the subject of a written complaint filed with the City within one
week of a permitted fireworks discharge in the prior year, or was issued a written warning
from the City Police Department for a fireworks discharge violation in the prior year. For
individual permit applications subject to this Public Works and Safety Committee review
requirement, the applications must be submitted after April 1 and prior to May 1 of the
year in which discharge is intended, to allow for this review. For group permit
applications subject to this requirement, the applications must be submitted at least 30
days prior to the requested event, to allow for this review. The failure of an applicant that
is subject to this Public Works and Safety Committee review requirement to submit his or
its application in a timely manner, or to appear before the Committee, will result in the
application for a permit being denied.
i) No sale. No person in the possession of fireworks pursuant to this section may resell
those fireworks in the City of Muskego.
j) Permit availability. 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 officials at least two days
before the date of authorized use, and the Clerk is responsible for doing so.
k) Fee. 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.
l) Temporary ban. The Mayor, upon recommendation of the Fire Chief because of extreme
dryness or drought, may in the Mayor's discretion declare a temporary ban on fireworks.
No fireworks may be discharged during a declared ban. Any permit which would
otherwise allow discharge on a date during such ban is automatically revoked, subject to
the following. Such permittee may apply for a new discharge date after the ban is lifted
without incurring a new fee. For individual user permits, if any of the possible discharge
dates of Subsection C(3) are during the ban, the Common Council shall have the
authority, but not the obligation, to establish additional discharge dates which would
apply only to those permittees who were not able to discharge fireworks on their
permitted dates due to the ban.
m) Acceptance of risk. All fireworks discharge permits issued in the City are issued subject
to the possibility that discharge may be prohibited, even if the permit is issued, due to the
restrictions and limitations of this Section. All applicants accept this risk and shall be
solely responsible for all consequences of the same, by their submittal of the application.
D. Seizure and destruction of fireworks. In addition to and not to the prejudice or exclusion of such
other penalties and remedies as may apply, fireworks stored, handled, sold, possessed or used
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by a person who violates the terms of this Section may be seized and held as evidence of the
violation. In the event a person is convicted of violating this Section, all fireworks seized shall be
destroyed pursuant to the provisions of § 167.10(8)(b), Wis. Stats., and any license or permit
issued to the person under this Section shall be revoked.
SECTION 2: The several sections of the 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: The Ordinance shall be in full force and effect from and after its passage
and publication.
TH
PASSED AND APPROVED THIS 9 DAY OF OCTOBER, 2018.
CITY OF MUSKEGO
_______________________________
Kathy Chiaverotti, Mayor
ATTEST: First Reading: September 25, 2018
_________________________
Clerk-Treasurer
Newly Enacted Ordinance Published: October 24, 2018
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