Section 2.12. REGULATION OF FIREWORKS.
(1) Definition. “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:
[a] Fuel or lubricant.
[b] A firearm cartridge or shotgun shell.
[c] 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.
[d] A match, cigarette lighter, stove, furnace, candle, lantern, or space heater.
[e] A cap containing not more than one-quarter 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.
[f] A toy snake which contains no mercury.
[g] A model rocket engine.
[h] Tobacco and Tobacco products.
[i] A sparkler on a wire or wood stick not exceeding thirty-six (36) inches in length or 0.25 inch in outside diameter which does not contain magnesium, chlorate or perchlorate.
[j] A device designed to spray out paper confetti or streamers and which contains less than one-quarter grain of explosive mixture.
[k] 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 three grams in total weight.
[l] A device that emits smoke with no external flame and does not leave the ground.
[m] A cylindrical fountain not exceeding 100 grams in total weight with an outside tube diameter not exceeding 0.75 inch, designated to sit on the ground and emit only sparks and smoke.
[n] A cone fountain not exceeding 75 grams in total weight designated to sit on the ground and emit only sparks and smoke.
(2) Sale of Fireworks. No person may sell fireworks, as defined herein, within the Village of River Hills.
(3) Possession and/or Use of Fireworks. No person shall possess or use fireworks within the Village of River hills without obtaining a user’s permit as herein provided.
[a] A permit authorizing the possession and/or use of fireworks may be issued by the Chief of the Fire Department of the Village of River Hills only to the following:
(1) A public authority.
(2) A civic organization.
(3) A group of resident or non-resident adult individuals.
[b] A permit shall specify all of the following:
(1) The name and address of the permit holder.
(2) The date on or after which the fireworks may be purchased.
(3) The kind and quality of fireworks which may be purchased.
(4) The date and location of permitted use.
(5) The location of the fireworks prior to the time of their use.
[c] The permit holder shall notify the Chief of the Fire Department of the proposed use of the fireworks at least two days in advance.
[d] The permit holder shall cause a search to be made of the grounds at which the fireworks are used, as well as adjoining properties if necessary, within one (1) hour after sunrise of the day following the use of the fireworks, for any possible unexpended fireworks devices, and shall immediately remove the same.
(5) Indemnity Bond or Liability Insurance. The Chief of the Fire Department when issuing a permit, may require an indemnity bond with good and sufficient sureties or a policy of liability insurance for the payment of all claims that may arise by reason of injuries to persons or property from the handling, storage, use or discharge of fireworks under the permit. The surety bond or liability policy, if required, shall be taken in the name of the Village and any person injured thereby may bring an action on the bond or policy in the person’s own name to recover the damage the person has sustained. The bond or policy, if required, shall be filed in the office of the Village Clerk.
(6) Further Restrictions. No person may store or handle fireworks in premises unless the premises are equipped with fire extinguishers approved by the Fire Chief; no person may smoke where fireworks are stored or handled; no person may store fireworks within fifty (50) feet of a dwelling, and no person may store fireworks within fifty (50) feet of a public assemblage or place where gasoline or volatile liquid is stored or used.
(7) Non-Liability of Village, its Officers, Agents or Employees. This ordinance shall not be construed as assuming any liability on the part of the Village of River Hills, its officers, agents, or employees for any damage to any person injured or any property damaged or destroyed by reason of the handling, storage, use or discharge of fireworks pursuant to a permit issued under this ordinance.
(8) Penalty. Any person found guilty of a violation of this ordinance shall be subject to a forfeiture of not less than Twenty-five ($25.00) Dollars nor more than Five Hundred Dollars together with the costs of the action; and in default of payment thereof, shall be subject to imprisonment in the County Jail or House of Correction of Milwaukee County until such forfeiture and costs, together with any subsequent costs have been paid, but in any event, not to exceed thirty (30) days.