The Village Board of The Village of Suamico, Wisconsin Does Ordain as Follows:

Ordinance Section 1: Section 14.18 of the village code is repealed and recreated to read per the attached.

Ordinance Section 2: All ordinances or parts of ordinances inconsistent with or contravening the provisions of this ordinance are hereby repealed.

Ordinance Section 3: This ordinance shall be in full force and effect following passage and publication.

Adopted this ________ day of __________________________, 2007.

Attest:

______________________________

Bonnie Swan, Village Clerk

Athey ________ Sheedy ________

Frisque ________ Schultz ________

Garvey ________ Vandersteen ________

Steffen ________

1^st reading

2^nd reading

Date Posted: _____________

(1) General Requirements

(a) Definitions and Applicable Law. The definitions and regulations set forth at Chapter 167.10, Wisconsin Statutes (2006) are incorporated herein.

(b) No person, firm, partnership, or corporation shall offer for sale, expose for sale, sell or retail, keep with the intent to sell at retail or use or explode any fireworks (as defined in Wis. Stats. §167.10(1)) with the following exceptions:

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 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.

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 stock not exceeding 36 inches in length that is designed to produce audible or visible effects or to produce audible and visible effects.

10. A device designed to spray out paper confetti or streamers and which contains less than one-quarter grain of explosive mixture.

11. A fuseless device that is designed to produce audible or visible effects or audible and visible effects, and that contains less than one-quarter grain or explosive mixture.

12. A device that is designed primarily to burn pyrotechnic smoke-producing mixtures, at a controlled rate, and that produces audible or visible effects, or audible and visible effects.

13. A cylindrical fountain that consists of one or more tubes and that is classified by the federal department of transportation as a Division 1.4 explosive, as defined in 49 CFR 173.50.

14. A cone fountain that is classified by the federal department of transportation as a Division 1.4 explosive, as defined in 49 CFR 173.50.

Notwithstanding the foregoing, the Village of Suamico may grant special use permits ("use permits") for supervised displays of fireworks by fair associations, amusement parks, and other organizations or groups of individuals through the application process as set forth at section 14.18(2) below.

(c) Nothing in this ordinance shall be construed to prohibit the use of fireworks by railroads or their transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or the use of fireworks for agricultural purposes under conditions approved by the Fire Department.

(d) The Fire Department Chief and/or Police Department shall seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this ordinance.

(2) Application for Use Permits

(a) Application for a use permit shall be made in writing 15 days in advance of the date of display on forms provided by the Village Clerk.

(b) Such application shall require the following:

2. Evidence of financial responsibility (if required).

3. The date fireworks may be purchased after.

4. The date and time of day at which the display is to be held.

5. The exact location planned for the display.

6. The number and kinds of fireworks to be discharged.

7. The manner and place of storage of such fireworks prior to the display.

10. All displays shall comply with the National Fire Protection Agency Standard(s).

(c) Upon receipt of the application, the Chief of the Fire Department shall inspect the site of the proposed display for the purpose of determining whether the provisions of these regulations are complied with in the case of the particular display.

The Chief shall confer with the Police Department about the application and whether issuance of a permit would be consistent with public safety. Being satisfied that the display is properly lawful, the Chiefs of the Police and Fire Departments and DEO II shall together endorse the application stating that they approve the display as being in conformance with all parts of the law and with these regulations. Failure to approve the application by either the DEO II Chief of the Police Department or the Chief of the Fire Department shall be sufficient cause to deny the application.

(d) Prior to the issuance of a use permit, the Village shall require a cash bond from the permittee in a sum of not less than $2,000.00. In addition to the cash bond, the person, firm or corporation making the application shall file a signature bond which shall be personally guaranteed by the permittee, its agents or principals, which said signature bond shall hold the Village harmless from any and all damages to property or personal injuries arising out of any act or omission on the part of the permittee or any agent or employee thereof. In lieu of said signature bond, a permittee may file a certificate of liability insurance in the amount of not less than $300,000 per accident and $500,000 per occurrence to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of the permittee or any agent or employee thereof.

(e) Following endorsement by the Chief of the Fire Departments and Police Departments, DEO II, the application shall be sent to the Village President who shall then, upon receipt of the of financial responsibility as required in 14.18(2)(d) above, issue a nontransferable permit authorizing the display. In no case shall such a display be within 500 feet of a school, theater, church, hospital, or similar institution.

(f) For all displays of fireworks all spectators shall be restrained behind lines or barriers as designated by local authorities but in no case less than 200 feet from the point at which the fireworks are to be discharged. Only authorized persons and those in actual charge of the display shall be allowed inside these lines or barriers during the unloading, preparation, or firing of fireworks.

(g) All fireworks that fire a projectile shall be set up so that the projectile will go into the air as nearly as possible in a vertical direction, provided that where the fireworks are to be fired beside a lake or other large body of water, they may be directed in such a manner that the falling residue from the deflagration will fall into the body of water.

(h) No fireworks display shall be held during any windstorm in which the wind reaches a velocity of more than 20 miles per hour.

(i) All fireworks articles and items at places of display shall be stored in a manner and in a place secure from fire, accidental discharge, and theft and in a manner approved by the Fire Department.

(j) The Fire Department and/or Police Department shall have the right to revoke permits and/or stop activity for any violation of these regulations or where the holder’s conduct or condition of sobriety is such as to imperil the public safety.

(k) Fire protection and extinguishing equipment shall be provided as required by the Chief of the Fire Department.

(l) A nonrefundable permit application fee as set from time to time by resolution of the Village Board for each site shall accompany each application.

(m) Discharging or firing of the fireworks in the supervised display shall not be hazardous to property or endanger any person or persons. After the permit shall have been granted by the Village, sales, possession, use and distribution of fireworks for the display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

(n) No permit shall be issued under the provisions of this act to a nonresident person, firm, or corporation for conduct of a pyrotechnic display in this Village until the person, firm, or corporation shall have appointed in writing a member of the bar of this state and residing therein to be the attorney for permittee upon whom all process in any action or proceeding against him may be served.

(3) Application for Seller(s) Permits

(a) Seller’s permits shall be required for any person(s) selling or retailing any/all fireworks as defined in section 14.18(1)(b). No seller’s permit shall be issued to minors.

(b) Applicants for a Fireworks Sale License shall make an application for each site in writing on forms provided by the Village Clerk/Treasurer. A Licensee may possess and sell the enumerated fireworks at more than one (1) site within the Village. A nonrefundable license application fee of $200.00 for each site shall accompany each application.

(c) The application for license shall include, without limitation, the following information:

1. Name, address, and telephone number of the applicant.

2. Address(es) at which the applicant intends to sell the enumerated fireworks.

4. Itemization of which enumerated fireworks the applicant intends to sell.

(d) The Village President or designee shall consider the application for licenses hereunder and shall approve or deny each application. If denied, the applicant shall have the right to appeal the denial to the Village Board. The Clerk shall issue the license upon the approval of the Village President or designee or the Village Board. Once approved, the Fire Department shall receive a listing of all licenses.

(e) Licenses issued hereunder shall be for a term of one (1) year, from May 1 through the following April 30. Application for annual licenses shall be filed not later than April 1 each year.

(f) The Village may condition the issuance of licenses hereunder as it sees fit to protect the public interest and safety.

(g) The Village shall have the right to suspend or revoke any licenses in accordance with paragraph 6 of this ordinance.

(h) Licenses issued hereunder may not be transferred or assigned without the consent of the Village; and, no licensee may use a site other than the site licensed pursuant to the application of the licensee.

(i) The Fire Chief, Police Chief DEO II or their designee may temporarily suspend and confiscate licenses if violations occur and order the closer of the site pending corrective action or appeal to the Village Board.

(4) Obnoxious Odor Devices and Products.

(a) No person may sell, possess or use any device, product or item that has its primary purpose the production of an obnoxious odor or smell.

(b) Without limitation, it shall be grounds for suspension or revocation of a person’s seller or use permits if the licensee or permittee sells or possesses for sale any obnoxious odor devices, products, or items.

(5) Penalties. Any person who violates any provision of this section 14.18, shall be penalized, upon conviction thereof, as set forth in section 14.23.

(6) Revocation and Suspension of Seller’s Permits; Non-Renewal.

(a) Procedure. Whenever the holder of any seller’s permit issued by the Village of Suamico violates any portion of the Village of Suamico Code of Ordinances, proceedings for the revocation of such permit may be instituted in the manner and under the procedure established by this policy.

(a) Seller’s Permit Revocation, Suspension or Non-renewal.

2. Procedure on Hearing; Effect of Revocation.

a. The Village President shall conduct the hearing, administer oaths to all witnesses and may issue subpoenas. So far as practicable, the rules of evidence provided in Wis. Stats. §227.08, shall be followed. The complainant shall have the burden of proving the charges to a preponderance of the evidence. The permittee and the complainant may be represented by counsel, may call and examine witnesses and cross-examine witnesses of the other party. All proceedings and testimony shall be recorded on tape. If either party requests a stenographic recording and transcription, the Village shall make the necessary arrangements, but the expenses shall be borne by the requesting party. The Village Clerk shall serve as secretary to the Board and shall make and receive all exhibits admitted into the record. The Village Board, upon the testimony and evidence presented at the hearing, shall determine by simple majority vote of those present whether the charges are true or not.

If the vote is to suspend the seller’s permit, it shall be for a period of not less than ten (10) days or more than ninety (90) days. Following the procedure above, the recommendation may be to revoke the seller’s permit.

If the Village Board determines that the charges are not substantiated, the complaint shall be dismissed without cost to either party. The Board’s action shall be recorded by the Village Clerk.

b. If the complaint is found to be true, the permittee shall pay the Village the actual cost of the proceedings. If the complaint is found by the Village Board to be malicious and without probable cause, the complainant shall pay the costs of the proceedings in the same amount.

c. When a permit is revoked, it shall be so entered of record by the Village Clerk and no other seller’s permit shall be granted to such permittee for such premises for a period of twelve (12) months from the date of the revocation, nor shall any part of the money paid as application fee for any permit so revoked be refunded.

(c) Demerit Point System / Revocation and Suspension of Seller’s Permit. In addition to the procedures set forth at (b) above, the Village may suspend or revoke a Seller’s permit without a hearing upon the following demerit system:

1. Point Schedule. Upon conviction by any Municipal Court, or other court of competent jurisdiction, a seller’s permit shall be awarded demerit points as follows:

TYPE OF VIOLATION DEMERIT

POINTS

______________________________________________________________________________

Failure to be permitted. 100

______________________________________________________________________________

False statement on application. 100

______________________________________________________________________________

Zoning Code violations: 50

______________________________________________________________________________

All other violations: 50

______________________________________________________________________________

2. Concurrent Violations. If two or more violations are committed concurrently, the highest point violation shall be assessed.

3. Upon conviction, demerit points shall be awarded retroactive to the date of the violation. If 150 demerit points are accumulated in a 12 month period, the Village Board shall suspend the permit for a period of 10 days.

4. Upon conviction, demerit points shall be awarded retroactive to the date of violation. If 200 demerit points are accumulated in a 24 month period, the Village Board shall suspend the permit for a period of 30 days.

5. Upon conviction, demerit points shall be awarded retroactive to the date of violation. If 250 demerit points are accumulated in a 36 month period, the Village Board shall suspend the permit for a period of 90 days.

6. Demerit points are accumulated for each permit which results from conviction for a municipal code violation or a state law violation under the terms and conditions of this Chapter. The actual demerit points are assessed upon entry of judgment and either expiration of the appeal period thereafter or the expiration of any appeal, and where the results of the appeal sustain the Village’s conviction of the holder of the permit.

7. Each seller’s permit shall stand revoked without further proceedings upon any conviction in Municipal Court or any other court of competent jurisdiction (and no reversal thereof upon appeal) of either the permitted holder or any employee, or agent or representative thereof, resulting in an accumulation of three hundred (300) demerit points within a forty-eight (48) month period. Any violation and subsequent conviction by the holder of the permit for violations of the Brown Code of Ordinances shall be considered a violation and conviction under this policy and shall result the accumulation of demerit points.

8. Other Provisions. Any permit issued pursuant to this ordinance shall be subject to such further regulations and restrictions as may be imposed by the Village Board by amendment to this Section or by the enactment of new ordinances. If any permittees fail or neglect to meet the requirements imposed by such new restrictions and regulations, his/her permit may be revoked in accordance with this Section. In case of revocation of any permit or any violation of any provision in this policy or by the court or for any reasonable cause except the imposition of new restrictions, no refund shall be made of any part of the permit fee.

9. Effect of Revocation of Permit. Whenever any seller’s permit has been revoked pursuant to this subsection 6.3, at least four (4) months from the time of such revocation shall elapse before another permit shall be issued for the same premises and twelve (12) months shall elapse before another permit shall be issued to the person whose permit was revoked.

10. Repossession of Permit. Whenever any seller’s permit under this subsection 6.3 shall be revoked or suspended by the Village Board or Village President or action of any court or par. (d), it shall be the duty of the Village Clerk to notify the permit holder of such suspension or revocation and to take physical possession of the permit wherever it may be found and file it in the Village Clerk’s office.

(7) Violations by Agents and Employees. A violation of this policy by an authorized agent or employee of a permittee shall constitute a violation by the permittee.

(8) Applicability. This policy is applicable to fireworks seller’s permits issued by the Village of Suamico. This policy is not intended to replace established procedures for licenses issued by the village as adopted in the Code of Ordinances. This policy is in addition to any other penalties or forfeitures that may be assessed by the municipal court for the Village of Suamico or any other court having jurisdiction for convictions related and, further, is in addition to any other penalties or forfeiturs that may be assessed in accordance with Section 14.23 of the Village of Suamico ordinances.