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June 14, 2007 Proposed Fireworks Ordinance 3-13

NOTICE

	The Lake Mills Town Board will be considering the adoption of
proposed town ordinance 3-13 for adoption on July 10, 2007. This
ordinance in its entirety is at the office of the Lake Mills Town
Clerk or on the town website, www.townoflakemills.org, contact town
clerk for further information at (920) 648-5867 or at
jruntz@jefnet.com


CHAPTER 13

FIREWORKS PROHIBITION

SECTION:

3-13-1:  PURPOSE
3-13-2:  STATUTORY AUTHORITY
3-13-3:  ADOPTION OF ORDINANCE
3-13-4:  DEFINITIONS
3-13-5:  REGULATION BY TOWN
3-13-6:  PARENTAL RESPONSIBILITY
3-13-7:  VALIDITY
3-13-8:  CONFLICT CLAUSE
3-14-9:  PENALTIES


3-13-1  PURPOSE:  The Town of Lake Mills recognizes the health risks
and dangers associated with the possession, use and sale of Fireworks.
 The purpose of this Chapter is to promote the public health, safety,
prosperity, aesthetics and general welfare of the citizens of the Town
of Lake Mills.  In order to accomplish that goal it is necessary to
ban all sales of Fireworks within the Town limits and to restrict
their possession and use by requiring the issuance of a Town permit as
prescribed herein.

3-13-2  STATUTORY AUTHORITY:  The Town of Lake Mills having Village
Powers under Wisconsin State Statute 66.22(3) giving it the authority
to enact Ordinances such as those allowed under Wisconsin Statute
167.10 wherein the Town is given general powers of regulation and
further under Wisconsin Statute 167.10(5) wherein the Town is given
specific powers to regulate Fireworks.  In addition Wisconsin Statute
60.24(v) specifically calls for the Town Board Chair person to enforce
fireworks regulations created under Wisconsin Statute 167.10(5)
pursuant to Wisconsin Statute 167.10(8). 

3-13-3  ADOPTION OF ORDINANCE:  The Town Board of the Town of Lake
Mills, by this Ordinance, adopted on proper notice with a quorum and
by roll call vote by a majority of the Town Board present and voting,
provides the authority for the Town to regulate Fireworks by banning
the sale of the same and requiring a possession and use permit, issued
by the Town as prescribed herein.  This Ordinance shall be effective
on the date of its passage by the Town Board. 

3-13-4: DEFINITIONS: The Town of Lake Mills hereby elects under
Wisconsin Statute 167.10 (5) (a) 1. to define “fireworks” as defined
by Wisconsin Statute 167.10(1) and including
(1)(e),(f),(i),(j),(k),(L),(m) and (n).


3-13-5: REGULATION BY TOWN:  The Town Board of the Town of Lake Mills
hereby elects under Wisconsin Statute 167.10(5)(a) 2 to prohibit the
sale of fireworks, and regulate the possession and use of fireworks
within the Town of Lake Mills by requiring that a permit be issued by
the Town as follows:  

A.	Permit Requirements.  In order to legally possess and discharge
fireworks in the Town of Lake Mills a person or entity must secure a
permit issued by the Town Board Chairperson or their designee.

  
B.	The individual or legal entity applying for the Fireworks Permit
shall petition the Town for such a permit which shall require written
proof that a State and Federally licensed and bonded Pyrotechnic
Company will be discharging the fireworks.  Petitioner must present
written proof of insurance be provided in an amount of not less than
one million dollars, it shall insure against any and all damages,
including incidental and consequential costs, arising from the
discharge of said fireworks.   
  
C.	Petitioner(s) and their Pyrotechnic Company are required to comply
with all aspects of the National Fire Protection Association’s latest
mandates relating to fire protection in general and specifically
regarding fireworks.  

D.	Finally, the Petitioner must apply to the Fire Department utilized
by the Town, currently the City of Lake Mills through the Lake Mills
Fire Department, for written approval of the planned discharge of
fireworks, including but not limited to the date and time and location
of the planned discharge, duration of the discharge, type of fireworks
used and any other appropriate safety considerations.  

E.	The Fire Department’s approval of the planned discharge is not
binding on the Town Chairperson who has the absolute discretion to
grant or deny any petition for a Permit to possess and discharge
fireworks in the Town of Lake Mills. Except that if the Petitioner
appeals to the Town Board it can override the denial or granting of a
permit by majority vote by the Town Board on the issue.

   F.  It is illegal to discharge fireworks in the Town of
Lake Mills except by Permit as previously outlined.         It is
illegal to possess fireworks in the Town of 	   Lake Mills except by
Permit and excepting there from   fireworks passing through the Town
of Lake Mills 	  that are being taken to a Town, City or Village 	   
where the possession of fireworks is authorized by 	   permit or
ordinance. Possession of said fireworks cannot be prohibited pursuant
to Wisconsin Statute 167.10(5)(e).

   G.  This Ordinance shall not affect the Towns ability to 	 
utilize the remedies as outlined in Wisconsin 	  	  	  Statute
167.10(8).  Any future amendments, 	 	 	  revisions, or modifications
of Wisconsin Statutes 	  	  167.10 are intended to be made part of
this chapter.



3-13-6: PARENTAL RESPONSIBILITY: a parent, foster parent, treatment
foster parent, family operated group home parent or legal guardian of
a minor who knowingly permits such minor to purchase or have in his or
her possession or to discharge any fireworks shall be deemed to have
violated this chapter. Such parent or guardian shall be subject to any
penalty hereunder and personally liable for any damage caused by such
possession or discharge of fireworks.

3-13-7:  VALIDITY:  If any provision of this Ordinance is found
invalid or unconstitutional or if the application of this Ordinance to
any person or circumstances is found to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not
affect the other provisions or application of this Ordinance which can
be given effect without the invalid or unconstitutional provision of
application.

The Town, through its duly qualified governing body, may amend this
Chapter in part or in whole whenever it may deem necessary 

3-13-8:  CONFLICT:  Should any part of this Ordinance conflict with
any other Town of Lake Mills Ordinances regarding the regulation of
Fireworks, this Ordinance shall control and supercede any conflicting
language.

3-13-9:  PENALTIES: The Town of Lake Mills hereby elects to adopt the
penalties of Wisconsin Statute 167.10(9)(b) and (c) which both call
for a forfeiture of not more than $1,000.00




Dated this 24TH day of JUNE, 2007.


BY THE TOWN BOARD OF THE
TOWN OF LAKE MILLS

            
James Heinz, Chairperson

David Schroeder, Supervisor I
      
Tom Berns, Supervisor II


ATTEST:	Robin Untz, Clerk
 

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