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What to Know About Fireworks
Fireworks regulations in the State of Wisconsin and Village of Lomira
Fireworks can be fun in celebrations, especially on the 4th of July holiday!
Village ordinance adopts the State laws regarding the sale, transport, and use of fireworks. While it is legal for individuals to purchase, transport, and possess firework(s) within the Village (as long as they are purchased with a Village permit from the local store), the use of them is limited.
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State Statute and Village Ordinance allows for the sale, possession and use, without a permit, of sparklers not exceeding 36 inches in length, stationary cones and fountains, toy snakes, smoke bombs, caps, noisemakers and confetti poppers with less than ¼ grain of explosive mixture. Wis. Stat. § 167.10(1)
Regulation LM12-273(b) defines firework(s) as the following:
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 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 that 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 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 which contains less than one-quarter grain of explosive mixture.
(11) A fuse-less device that is designed to produce audible or visible effects or audible and visible effects, and that contains less than one-quarter grain of 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.
(15) A novelty device that spins or moves on the ground.
Please note that even if you have the permit to possess the firework(s) within the Village, the following designates what is required to be able to use (shoot) them:
LM12-273(d)(1): No person may possess fireworks without a Village possession permit from the Village President or from an official or employee of the Village as may be designated by the President. No person may use fireworks or a device listed under subsection (b)(5) to (7) or (9) to (14) while attending a fireworks display for which a permit has been issued to a person listed under subsection (b)(1) to (5) of this section or under subsection (b)(6) of this section if the display is open to the general public.
What this means is, unless you are able to purchase a permit from the Village to shoot the fireworks, you are not legally allowed to use them within the village limits.
The following is what is required to obtain a permit (to use/shoot fireworks) from the Village:
LM12-273(d)(3) states: A permit under this subsection may be issued only to the following:
a. A public authority
b. A fair association
c. An amusement park
d. A park board
e. A civic organization
f. Any individual or group of individuals. A permit issued to a group of individuals confers the privileges under the permit to each member of the group
g. An agricultural producer for the protection of crops from predatory birds or animals
Further, LM12-273(d)(5) states: The Village, when issuing a permit under this subsection, may require an indemnity bond with good and sufficient sureties or policy of liability insurance for the payment of all claims that may arise by reason of injuries to person or property from the handling, use or discharge of fireworks under the permit. The bond or policy, if required, shall be taken in the name of the Village wherein the fireworks are to be used, 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, but the aggregate liability of the surety or insurer to all persons shall not exceed the amount of the bond or policy. The bond or policy, if required, together with a copy of the permit shall be filed in the office of the Village Administrator-Clerk-Treasurer.
Also, LM12-273(d)(6) states: A permit under this subsection shall specify all of the following:
a. The name and address of the permit holder.
b. The date on and after which fireworks may be purchased.
c. The kind and quantity of fireworks which may be purchased.
d. The date and location of permitted use.
e. Proof of $2,000,000.00 liability insurance.
LM12-273(g): Parental liability. A parent, foster parent, treatment foster parent, family-operated group home parent, legal guardian of a minor, or other out-of-home care providers, as defined in Wis. Stats. § 48.02(12r), who consents to the use of fireworks by the minor is liable for damages caused by the minor's use of the fireworks.
LM12-273(h)(3): A parent or legal guardian of a minor who consents to the use of fireworks by the minor shall forfeit not more than $1,000.00.
In conclusion, this means that unless you get a permit to shoot off firework(s) from the Village, if you use them, you are subject to being issued a citation. There are other provisions in the local ordinances and State laws so it is recommended you review them before you purchase or use any firework(s).
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Wisconsin State Statute regarding fireworks can be found here: Chapter 167 WI Stats.
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