pscm20121213 (2)CITY OF MUSKEGO
Public Safety Committee
Minutes
Approved
LOCATION: Muskego City Hall
W182 S8200 Racine Avenue
CALL TO ORDER
DATE: Thursday, December 13, 2012
TIME: 6:OOPM
PLEDGE OF ALLEGIANCE
(1,11 OE
VI-a-MUSKEGO
The meeting was called to order at 6:01 PM, followed by the Pledge of Allegiance.
Rn1 I r_AI I
Present were Aldermen Kert Harenda, Robert Glazier and Neome Schaumberg, Citizen
Representative Philip Kiedrowski. Also present were T.C.F.D. Chief Carl Wojnowski and
Police Captain Craig Moser. Citizen Representative James Mayer was excused.
STATEMENT OF PUBLIC NOTICE
The meeting was properly posted publicly for viewing on Friday, December 11, 2012.
Public Appearance None
APPROVAL OF MINUTES
Alderman Glazier made a motion to approve the November 8, 2012 minutes. Phil
Kiedrowski seconded and the motion carried unanimously.
Updates from Police Department
Captain Moser reported that the department has had several rescue calls in the past few
weeks. The department also took a report on Saturday, 12/08/12, of an attempted strong
armed robbery at The Sauced restaurant/tavern on Woods Road. Police are currently
investigating the incident.
Updates from Fire Department
Chief Wojnowski added that the rescue personnel have been extremely busy the last few
weeks.
OLD BUSINESS
1. Fireworks Permits/Requirements — The committee reviewed the changes that were
added to the ordinance as provided by the clerk's office. See below highlighted
changes:
9.03 SALE AND DISCHARGE OF FIREWORKS RESTRICTED
(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 association 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 perm!
fielder 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. I moved this from (3) (a) above.
(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 €inanGe Public Safety Committee by
May 1. The failure of an individual to appear before the FieanGe Committee will result in the
individual's application for a permit being denied. Any complaint must be submitted to the Committee
by July 31.
(f) No person in the possession of fireworks pursuant to this section may resell those fireworks in the
City of Muskego.
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(g) The permit the city issues for the use of fireworks must be made available upon request of a
police officer. will be printed en bFight GeIGFed paper StG& and rnu6t be displayed by peeple tak'Rg
n"� h r�n�, rmit se that it is visible from the street. In accordance with state statute, a copy of a
permit shall be given to the municipal fire or 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) Whenever, because of extreme dryness or drought, the Mayor upon recommendation of the Fire
Chief, 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.
The committee made the change to sub -section (g) to read municipal fire and law
enforcement as follows: (g) The permit the city issues for the use of fireworks must be made
available upon request of a police officer. will be Printer+ OR bright relered paper stern and must be
by n nle taking ei it si ish permit so t it is visible from the street In accordance with
displayed,by �,--perr�� �c�.
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.
The committee also agreed the language for sub -section 0) should read as follows: (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.
Alderman Glazer asked the fire and police chiefs if they felt the changes to the ordinance
would help the fire and police departments with enforcement. Both chiefs said no. Captain
Moser advised that he agreed with Chief Wojnowski that fire work permits should be banned
to individual permit holders. He agreed that the ordinance would be easier to enforce if only
a few "professional groups" pulled permits. Captain Moser also advised that he could not
locate any community in the area who allowed individuals to pull fireworks permits. The
committee went into a great discussion as to what would be best for the community to ban
individual permits or to try and regulate/educate people more so the community stays safe.
Alderman Glazier made a motion to approve the changes to the ordinance as stated and
forward them to Common Council for approval. Alderman Schaumberg seconded, and the
motion carried unanimously.
Alderman Glazier made a second motion to have the Public Safety Committee recommend
to Common Council to place a non -binding referendum on the April 2013 ballot, to
potentially ban individual fireworks permits beginning in 2014. The committee would like to
get the citizens' opinions, and at that point recommend to council to either ban individual
permits as of 2014; or commit further on updating, regulating and enforcing the ordinance to
keep the community safe. Alderman Schaumberg seconded, and the motion carried with
the exception of Alderman Glazier who opposed.
NEW BUSINESS
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY
LAW
1. Next Meeting — The next meeting will be Thursday, 01/10/13, 6:OOPM.
2. Miscellaneous Business — Fire Chief Wojnowski reported that the construction was
done on Tess Corners Drive. He advised that a barricade was placed on the bike
path which abuts their property. He advised this barricade hindered the entering of
fire trucks into the parking lot.
ADJOURNMENT
Alderman Harenda made a motion to adjourn and Alderman Schaumberg seconded.
Motion carried unanimously and the meeting was adjourned at 7:23 PM.
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