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HomeMy WebLinkAboutOrdinance 1982 (55) ORDINANCE ADOPTING STATE FIREWORKS REGULATIONS ORDINANCE � .� The County board of Supervisors of St.'' Croix,County, Wisconsin does ordain as follows: SECTION I. I't is unlawful for any, person to sell, expose or offer for sale, use, keep, discharge,: or explode any ffrecrackers, blank cartridges, toy:pistols or cannons in which explosives: are used, contrivances using explosive caps or cartridges, sparklers, display wheels, the type of balloon which requires fire underneath to'propel the same, torpedoes, sky rockets,; Roman Candles, aerial salutes, American or Chinese bombs pr other fireworks of like construction or any fireworks containing any explosive or flammable compound, or any tablets or other devices commonly used arid soldas fireworks containing nitrates, 'chlorates, oxalates, sulphides of lead,, barium, antimpny, arsenic, mercury, nitroglycerine, phosphorus; or any compound containing any of the same or other modern explosives within St. Croix County, except as hereinafter provided: SECTION 2. Nothing herein cgntainedishall prohibit the use of fireworks other than those prohibited by sec. (6) for pyrotechnic displays given,,bypublic authorites, '. fair association, amusement parks, park boards, c7vic organizations or groups of individuals or fpr the protection of crops,.from predatory birds or animals 'by agr' ultura7 producers that have a been granted permit for such display or pro tective use by the mayor of the city; president of the village_'or chairman of 4 the:town where in =the display is,' to be given or the protective use, is to and permit ,issued for crop protection shall state the type oft(tor,be. used for such purpose, Nand the owned or lessee, of said land on which'said..fre, works areinstail'ed shall erect appropriate warning'signs disclosing'the 'u�;e,of firewprks :for crop protection: (a) The issuing officer may require an indemnity bond with good and sufficient sureties for the payment of all claims that may arise by reason of injuries' tp person or property from the handling, use or discharge of fireworks under such permit,, Such bond, if required; shal Y be taken i'h the name of the city, village,; or town wherein the fireworks display is.to be'given, and ,any 'person injured Vere may bring an action on said bond in his own name to recover the damage - + ' he has sustained, but the aggregate liability of the surety to all persons shall in no event exceed the 'amount',of such bond. The' bond, ;if required, together with' a copy of the permit, shall be filed in the office of the clerk of such city,, village or town. SECTION 3. Nothing, herein containedshall .prohibit theiuse or sale of blank cartridges for'circus or theatrical purposes, or signal purposes in,athletfc contests ,'or sports 'events, or use by militia, police or military organizations; nor the. use or sale of colored 'flares or torpedoes for railway,` aircraft, or highway signal purposes. SECTION 4. Nothing in this section shall be construed to prohibit any resident wholesaler, dealer or `jobber' from selling fireworks other than those prohibited by sec,` (5) at wholesale; but only when the same are shipped or 'delivered directly,outside of St. Croix County onto an organization, agricultural producer or group granted a' permit under sec. (2). SECTION 5. The following provisions shall apply to places where fireworks are stared or handled: (a) Such premises shall be equipped with fire extinguishers approved by the fire chief or chief engineer of the fire department in the community i"n which such premises are located. (b) Smoking shall be prohibited where fireworks are stored or handled. (c) It is hereby made the duty of every wholesaler, dealer or jobber keeping,: storing or handling, within St. Croix County, fireworks of any:descO ption to notify the fire chief or chief engineer of the fire department in the community wherein such fireworks are kept, stored or handled, immediately of the receipt, of such fireworks, or the removal thereof from one location to another, and ,the location where such fireworks are stored. No such fireworks shall, be s•tored.in` any building used for dwelling purposes or i'n any building situated within 5O feet of any building used for dwelling purposes, or in places of public assemblage, or within 50 `feet of any gasoline pump, gasoline filling 5tatipn or :; gasoline bulk station,uor any building in which gasoline or volatile liquid is sold in quantities in.excess of one gallon.' SECTION 6. ` Under no circumstances shall any person sell, keep for sale, manufacture or ,bring,into this county for use '`therein any fire balloon, mortars excepting mortars used for special display purposes or cannon,' or any explosive cane, toy pistol, toy revolver or other contrivance using explosive caps or cartridges, any Chinese firecrackers more than 2`inChes in length or more than three-eighths inch in diameter, outside measurements `of container, or any article containing a "compound `" of mercury or yellow phosphorus; SECTION 7. A parent or legally appointed guardian of any minor whq shall knowingly - permit such minor to purchase or, have in his, possession or to discharge any fireworks forbidden by this section shall be; deemed to have violated this section and such parent or; guardian.sha11 be personally liable for any 'damage caused Py,such possession or discharge of fireworks. SECTION &. Any person who shall violate any provision of this section;shall pay a"forfeiture of not less than $25 nor more than $500. Upon failure to pay said forfeiture.,the person shall be imprisoned in the County Jail fora period not to exceed0 days, or until- said :,forfeiture has. been paid.:' SECTION 9. The prohibitions and penalties provided in this section shall not apply;to toy pistols, toy canes, toy guns or other, devices in which paper caps manufactured in acccrdance with the United ItEtes interstate commerce commission regulations for packing and shipping of toy paper caps are used or to'toy pistol paper caps so manufactured, the sale and use of which shall be permitted a all Aim I es. SECTION 10. The prohibitions and penalties provided in this ordinance shall not apply to (a) gold star producing sparklers on wires which contain no magnesium, chlorate, , or perchlorate and (b) toy snakes which contain no mercury; the sale and use of which shall be permitted at all times. SECTION 11. The prohibitions and penalties provided in this ordinance shall not apply to smoke novelties and party novelties which contain less than one-quartergrain of explosive mixture. Any future amendments, revisions'or modifications of Wisconsin Statutes ` section 167.10 incorporated herein are intended to be made part of this ordinance as such amendments, revisions,or modifications are made to said Statute. This ordinance shall take effect upon its passage and proper publication. Adopted this day of� 4982. LAW ENFORCEMENT COMMITTEE Negative, Affirma i e i r � , STATE OF WISCONSIN ;) )ss COUNTY OF ST.CROIX ) I, F. Verna Stohl berg, County Clerk in ;and for said County, do hereby certify that the foregoing Ordinance No. 55(82) is a true and correct copy of said Ordinance : adopted by the St. Croix` County-Board of Supervisors''at their meeting held on the 8th day of June, 1982. F. VERNA STOHLBERG, St.''Cro x 'County'CIerk'