Ordinance No. 32

Fire Protection
Fireworks Ordinance - Hayward

AN ORDINANCE REGARDING FIREWORKS

SECTION I. PROVISIONS ADOPTED.

The common council of the city of Hayward, Wisconsin, do ordain as follows:

Regulation and Licensing of Fireworks

1. Regulation of Fireworks

SEC. ONE REGULATION OF FIREWORKS.

(a) Definition. In this section, "fireworks" means anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use, but does not include any of the following:

(1) Fuel or a lubricant.

(2) A firearm cartridge or shotgun shell.

(3) A flare used or possessed or sold for use as a signal in an emergency or in the operation of a railway, aircraft, watercraft or motor vehicle.

(4) A match, cigarette lighter, stove, furnace, candle, lantern or space heater.

(5) A cap containing not more than 1 quarter (1/4) grain of explosive mixture, if the cap is used, or possessed or sold for use in a device which prevents direct bodily contact with a cap when it is in place for explosion.

(6) A toy snake which contains no mercury.

(7) A model rocket engine.

(8) Tobacco and a tobacco product.

(9) A sparkler on a wire or wood stick not exceeding 30-6 (36) inches in length or 0.25 inch in outside diameter which does not contain magnesium, chlorate or perchlorate.

(10) A device designed to spray out paper confetti or streamers and which contains less than 1-quarter (1/4) grain of explosive mixture.

(11) A device designed to produce an audible sound but not explode, spark, move or emit an external flame after ignition and which does not exceed 3 grams in total weight.

(12) A device that emits smoke with no external flame and does not leave the ground.

(13) A cylindrical fountain not exceeding 1 hundred (100) grams in total weight with an inside tube diameter not exceeding 0.75 inch, designed to sit on the ground and emit only sparks and smoke.

(14) A cone fountain not exceeding seventy-5 (75) grams in total weight, designed to sit on the ground and emit only sparks and smoke.

(b) Parental Liability. A parent or legal guardian whose minor child uses fireworks is liable for damages caused by the minor's use of the fireworks.

(c) Sale/Use/Possession. no person shall use, explode, sell or give away within the City of Hayward any fireworks except a flare, cap, toy snake, sparkler or a device that emits smoke with no external flame and which does not leave the ground as defined in subsection (a) above, excepting for specific fireworks displays as authorized by the city council for specific celebrations.

State Law Reference: Sec. 167.10, Wis. Stats.

SECTION II. CITATIONS.

(a) With respect to this ordinance, issuance of citations under sec. 66.119, Wis. Stats., is hereby authorized.

(b) The clerk of circuit Court, Sawyer County, Wisconsin, shall have the authority to accept cash deposits for forfeitures and/or bond pursuant to the schedule set below, or as ordered by the circuit Court for Sawyer County:

USER OR POSSESSION

(1) First Alleged offense. Fifty Dollars ($50) plus court costs, court assessments and costs of prosecution.

(2) second Alleged offense (within 1 Year). One Hundred Dollars ($100) plus court costs, court assessments and costs of prosecution.

(3) Third Alleged offense and Subsequent Alleged offenses (within One Year). - Three Hundred ($300) plus court costs, court assessments, and costs of prosecution.

SELLERS

(1) First Alleged offense. Two Hundred Dollars ($200) plus court costs, court assessments and costs of prosecution.

(2) second Alleged offense (within One Year). Four Hundred Dollars ($400) plus court costs, court assessments and costs of prosecution.

(3) Third Alleged offense (within Three Years). One Thousand Dollars ($1,000) plus court costs, court assessments and costs of prosecution.

(c) In lieu of the filing of a cash bond and/or deposit as set forth under Sec. 66.119, Wis. Stats., the city shall have the right to detain the alleged violator to assure appearance of said alleged violator before the circuit Court for Sawyer County.

(d) All of the provisions of section 66.119, Wis. Stats. are hereby incorporated herein by reference and shall be considered to be part of this ordinance in total.

SECTION III. SEVERABILITY.

If any provision of this ordinance is invalid or unconstitutional or if the application of this ordinance to any person or circumstance is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provisions or applications.

SECTION IV. EFFECTIVE DATE.

This ordinance shall take effect upon passage and publication as provided by law.

ADOPTED this 13th day of Tune, 1994.

CITY OF HAYWARD, WISCONSIN

Loyal W Towne, Mayor

Lucy Gunther, city Clerk-Treasurer

Published and/or Posted: 6-22-94

ORDINANCE No. 361 32,

RE: Ordinance Amending Ordinance No. 312.

The Common Council of the City of Hayward does ordain as follows:

1. The following section is hereby added to Ordinance No. 312:

SECTION 2. AUTHORIZATION FOR NON-CELEBRATION PURPOSES:

A. The Mayor and the Chief of Police are hereby authorized to grant the use of fireworks for non-celebration purposes.

2. The following sections are renumbered:

SECTION 2. CITATIONS shall now read SECTION 3. CITATIONS.

SECTION 3. SEVERABILITY shall now read SECTION 4. SEVERABILITY.

SECTION 4. EFFECTIVE DATE shall now read SECTION 5. EFFECTIVE DATE.

Invalidation of any part of this ordinance by a Court of law shall not invalidate the remaining portions thereof. This ordinance shall become effective upon its passing by the Comrnon Council of the City of Hayward and publication thereof as provided by law.

Passed this 12th day of January, 1998.

MOTION BY: Alderperson Swintkowski

SECONDED BY: Alderperson Speros

YES 8 no 0