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CITY OF HUDSON: ORDINANCE NO. 8-09

Thursday, July 16, 2009 - 1:49am

WHEREAS, the Common Council of the City of Hudson has determined that it is in the best interest of the residents of the City of Hudson to regulate the sale, possession, and use of fireworks and fireworks paraphernalia in the City; and

WHEREAS, Wis. Stat. 167.10 (5) authorizes cities to enact ordinances defining fireworks and prohibiting and/or regulating the sale, possession, and use of fireworks as defined by ordinance ;

WHEREAS, the Common Council of the City of Hudson finds that it is in the interest of the public health, safety, and welfare to define fireworks and regulate the sale of fireworks paraphernalia as defined in the ordinance, within the city limits, as set forth below;

NOW THEREFORE, Pursuant to its authority under Wis. Stat. 167.10 (5), in the interest of the public health, safety, and welfare, the Common Council hereby ordains as follows:

SECTION 1: Chapter 132 entitled "Fireworks" of the Hudson City Code is hereby be repealed and recreated to read as follows:

§ 132-1. Adoption of statutory provisions.

Section 167.10 of the Wisconsin statutes thereto, and any amendments thereto, exclusive of any penalty provision, is adopted by reference and made a part of this chapter as if set forth in full.

§ 132-2: Definitions

Fireworks Paraphernalia is defined as those items listed in Wis. Stat. 167.10 (1) (e),(f),(i), (j), (k) (L), (m), (n) described as follows:

(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.

(i) 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.

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

(k) 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 of explosive mixture.

(L) 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.

(m) 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.

(n) 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.

§ 132-3. Restrictions.

A. No person in the City of Hudson shall use or possess any fireworks as defined in W.S.A. s. 167.10 in the City of Hudson, except pursuant to a permit issued under W.S.A. s. 167.10(3) for use at public community celebrations.

B. No person in the City of Hudson shall engage in the retail sale of any fireworks as defined in W.S.A. Section 167.10. Possession of fireworks as defined in W.S.A. Section 167.10 at the premises for which a Fireworks Paraphernalia permit has been issued shall be considered possession for purposes of sale and shall be a violation of this paragraph.

C. Nothing in this ordinance shall be construed to prohibit possession without a permit by someone who is transporting fireworks to a place where their possession is authorized by permit or ordinance unless the person remains in the municipality for twelve hours or more.

§ 132-4. Permit Required for Sale of Fireworks Paraphernalia; Conditions of Permit.

In addition to any direct seller's license which may be required under Chapter 124 of this Code for the sale of fireworks paraphernalia not regulated by W.S.A. s. 167.10, no person shall sell such Fireworks Paraphernalia in the City of Hudson without first having obtained a Fireworks Parapher-nalia sale permit approved by the Common Council which will be subject to the following regulations:

A. The annual fee for a Fireworks Paraphernalia permit shall be as established by the Common Council, payable upon application.

B. The period of sales of Fireworks Paraphernalia under this section shall be limited to a period from the 15th day of June to the 7th day of July, inclusive. [Amended by Ord. No. 20-95; Ord. No. 12-96]

C. All applications for annual permits under this section shall be filed with the City Clerk's office on or before the 15th day of April. The applicant shall describe on the application form the location and type of any signs intended for usage.

D. Each permittee shall be allowed one banner sign not to exceed 150 square feet and one small sign no larger than three feet by five feet. No permittee shall use, authorize or permit any off-premises signs.

E. Each permitee shall comply with all applicable local ordinances and federal and state laws and regulations including, but not limited to, those regarding the sale, possession, and transport, of Fireworks and Fireworks Paraphernalia. The Council may consider an applicant's previous history of violations of this Chapter and other state or federal laws or regulations, in deciding whether to issue a Fireworks Paraphernalia permit.

F. No permit shall be valid until signed by the permit holder. The City Clerk shall keep on file a duplicate signed copy of each fireworks paraphernalia permit approved by the Common Council.

G. All applications for Fireworks Paraphernalia permits shall be acted upon by the Common Council at its first regular meeting in May.

H. Each permittee or designee shall be required to attend a city-sponsored informational hearing which shall be held prior to the commencement of any sales of Fireworks Paraphernalia.

I. No sale of such Fireworks Paraphernalia shall occur on or from any property unless such property is zoned Central Business District, Shopping District, Industrial District or Highway Commercial District. No sale shall occur from any roadside stand or temporary structure.

J. In addition to penalties provided in Section 132-4, possession of fireworks as defined in Wis. Stat. 167.10 anywhere at the address identified in the Fireworks Paraphernalia permit shall constitute a violation of this ordinance, and shall result in automatic and immediate revocation of the Fireworks Paraphernalia permit. Law enforcement shall be authorized to seize any such fireworks as evidence of such violation. A second violation in same permit term shall result in immediate and automatic revocation of the Fireworks Paraphernalia permit for the remainder of that permit term. The permittee may appeal such permit revocation to the Common Council.

K. Insurance requirements. [Added by Ord. No. 14-99]

(1) No permit shall be issued under this section until the applicant deposits a policy or certificate of liability insurance covering the sale and storage of said Fireworks Parapher-nalia. Such policy shall be issued by an insurance company licensed to do business in the State of Wisconsin and shall cover the sale and storage area described on the application and shall indemnify the applicant in the amount of $1,000,000 single limit liability coverage for the injury or death of one or more persons and damage to the property of others for any one accident due to the negligent operation of said sales or storage covered by such policy.

(2) Form approval and expiration notice. The policy shall contain a provision that the same may not be canceled before the expiration of its term except upon 30 days' written notice to the city. Further, the permittee shall ensure that the insurance carrier provides the city with copies of all insurance expiration and cancellation notices and copies of all notifications of reinstatement of insurance coverage.

(3) Automatic revocation of permit. The cancellation or other termination of any insurance policy issued in compliance with this section shall automatically revoke and terminate the permit issued for any such sales/storage of Fireworks Paraphernalia unless another policy complying with this section is provided and in effect at the time of such cancellation or termination.

(4) Responsibility of permittee and surety. In any event, the permittee and the surety will be held responsible for and shall save the city, its employees and agents harmless from all liability for injury and damages occasioned by the Fire-works Paraphernalia operation or which may result therefrom or which may result in any way from the negligence or carelessness of the permittee, agents, employees or workers or by reason of the elements, unforeseen or unusual difficulties, obstruction or obstacles encountered in the sale or storage of said Fireworks Paraphernalia, and they shall indemnify the city, its employees and agents for and save it harmless from all claims and liability, actions and causes of action and liens for materials furnished or labor performed in service delivery and from all costs, charges and expenses incurred in defending such suits or actions and from and against all claims and liability for injury or damage to persons or property emanating from defective or careless work methods or accidents.

§ 132-4. Violations and penalties. [Added by Ord. No. 31-93]

A. Any person who shall violate Section 132- 3 A of this chapter shall, upon conviction thereof, forfeit not less than $20.00 nor more than $250, plus costs.

B. Any person found guilty of violating Section 132-3 B of this chapter shall forfeit not less than $250.00 nor more than $500.00, plus court costs.

C. Any Fireworks Paraphernalia permittee, who has been convicted of a violation of this chapter within one year of Fireworks Paraphernalia Permit application shall, upon conviction of another violation, forfeit not less than $500 nor more than $1,000, plus costs, for each such violation.

D. For violations of any provision of this Chapter, each firework illegally possessed, used, or sold constitutes a separate offense.

SECTION 2: SEVERABILITY. The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and shall not affect the validity of any other provisions, sections or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict.

SECTION 3: EFFECTIVE DATE. This ordinance shall take effect upon passage and publication as required by law.

Dated this 6th day of July, 2009.

CITY OF HUDSON:

By: Dean Knudson, Mayor

ATTEST: Nancy Korson, Clerk

(Pub. July 16)


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