167.07(4)
(4) No shipping container or case constructed of fiber board, corrugated fiber board, or wood, nailed or wirebound, shall exceed a weight, including its contents, of 75 pounds; and no lock-cornered wooden case containing matches shall have a weight, including its contents, exceeding 85 pounds; nor shall any other article or commodity be packed with matches in any such container or case; and all such containers and cases in which matches are packed shall have plainly marked on the outside of the container or case the words "Strike-Anywhere Matches" or "Strike-on-the-Box Matches".
167.07(5)
(5) Any person, association or corporation violating this section shall be fined for the first offense not less than $5 nor more than $25, and for each subsequent violation not less than $25.
167.07 History
History: 1997 a. 254.
167.10
167.10
Regulation of fireworks. 167.10(1)
(1)
Definition. In this section, "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:
167.10(1)(c)
(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.
167.10(1)(d)
(d) A match, cigarette lighter, stove, furnace, candle, lantern or space heater.
167.10(1)(e)
(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.
167.10(1)(i)
(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.
167.10(1)(j)
(j) A device designed to spray out paper confetti or streamers and which contains less than one-quarter grain of explosive mixture.
167.10(1)(k)
(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.
167.10(1)(L)
(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.
167.10(1)(m)
(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.
167.10(1)(n)
(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.
167.10(2)
(2) Sale. No person may sell or possess with intent to sell fireworks, except:
167.10(3)(a)(a) No person may possess or use fireworks without a user's permit from the mayor of the city, president of the village or chairperson of the town in which the possession or use is to occur or from an official or employe of that municipality designated by the mayor, president or chairperson. No person may use fireworks or a device listed under
sub. (1) (e) to
(g) or
(i) to
(n) while attending a fireworks display for which a permit has been issued to a person listed under
par. (c) 1. to
5. or under
par. (c) 6. if the display is open to the general public.
167.10(3)(b)1.
1. The city, village or town, but municipal fire and law enforcement officials shall be notified of the proposed use of fireworks at least 2 days in advance.
167.10(3)(b)2.
2. The possession or use of explosives in accordance with rules or general orders of the department of commerce.
167.10(3)(b)3.
3. The disposal of hazardous substances in accordance with rules adopted by the department of natural resources.
167.10(3)(b)4.
4. The possession or use of explosive or combustible materials in any manufacturing process.
167.10(3)(b)5.
5. The possession or use of explosive or combustible materials in connection with classes conducted by educational institutions.
167.10(3)(b)6.
6. A possessor or manufacturer of explosives in possession of a license or permit under
18 USC 841 to
848 if the possession of the fireworks is authorized under the license or permit.
167.10(3)(b)7.
7. Except as provided in
par. (bm), the possession of fireworks in any city, town or village while transporting the fireworks to a city, town or village where the possession of the fireworks is authorized by permit or ordinance.
167.10(3)(bm)
(bm) Paragraph (a) applies to a person transporting fireworks under
par. (b) 7. if, in the course of transporting the fireworks through a city, town or village, the person remains in that city, town or village for a period of at least 12 hours.
167.10(3)(c)
(c) A permit under this subsection may be issued only to the following:
167.10(3)(c)7.
7. An agricultural producer for the protection of crops from predatory birds or animals.
167.10(3)(d)
(d) A person issued a permit for crop protection shall erect appropriate warning signs disclosing the use of fireworks for crop protection.
167.10(3)(e)
(e) The person 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 city, village or town 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 clerk of the city, village or town.
167.10(3)(f)
(f) A permit under this subsection shall specify all of the following:
167.10(3)(f)2.
2. The date on and after which fireworks may be purchased.
167.10(3)(f)3.
3. The kind and quantity of fireworks which may be purchased.
167.10(3)(g)
(g) A copy of a permit under this subsection shall be given to the municipal fire or law enforcement official at least 2 days before the date of authorized use.
167.10(3)(h)
(h) A permit under this subsection may not be issued to a minor.
167.10(4)
(4) Out-of-state and in-state shipping. This section does not prohibit a resident wholesaler or jobber from selling fireworks to a person outside of this state or to a person or group granted a permit under
sub. (3) (c) 1. to
7. A resident wholesaler or jobber that ships the fireworks sold under this subsection shall package and ship the fireworks in accordance with applicable state and federal law by, as defined in
s. 194.01 (1),
(2) and
(11), common motor carrier, contract motor carrier or private motor carrier.
167.10(5)(a)(a) Subject to
pars. (b) to
(e), a city, village, town or county may enact an ordinance for any of the following:
167.10(5)(a)2.
2. Prohibiting the sale, possession or use, as defined by ordinance, of fireworks.
167.10(5)(a)3.
3. Regulating the sale, possession or use, as defined by ordinance, of fireworks.
167.10(5)(b)
(b) An ordinance under
par. (a) may not be less restrictive in its coverage, prohibition or regulation than this section but may be more restrictive than this section.
167.10(5)(d)
(d) A county ordinance enacted under
par. (a) does not apply and may not be enforced within any city, village or town that has enacted or enacts an ordinance under
par. (a).
167.10(5)(e)
(e) Notwithstanding
par. (a) or
par. (b), no city, village, town or county may enact an ordinance that prohibits the possession of fireworks in that city, town, village or county while transporting the fireworks to a city, town, village or county where the possession of the fireworks is authorized by permit or ordinance.
167.10(6)(a)(a) No wholesaler, dealer or jobber may store or handle fireworks in premises unless the premises are equipped with fire extinguishers approved by the fire official of the municipality where the premises are located.
167.10(6)(b)
(b) No person may smoke where fireworks are stored or handled.
167.10(6)(c)
(c) A person who stores or handles fireworks shall notify the fire official of the municipality in which the fireworks are stored or handled of the location of the fireworks.
167.10(6)(d)
(d) No wholesaler, dealer or jobber may store fireworks within 50 feet of a dwelling.
167.10(6)(e)
(e) No person may store fireworks within 50 feet of a public assemblage or place where gasoline or volatile liquid is dispensed in quantities exceeding one gallon.
167.10(6m)
(6m) Licensing and inspecting manufacturers. 167.10(6m)(a)(a) No person may manufacture in this state fireworks or a device listed under
sub. (1) (e),
(f) or
(i) to
(n) without a fireworks manufacturing license issued by the department of commerce under
par. (d).
167.10(6m)(b)
(b) No person may manufacture in this state fireworks or a device listed under
sub. (1) (e),
(f) or
(i) to
(n) unless the person complies with the rules of the department of commerce promulgated under
par. (e).
167.10(6m)(c)
(c) Any person who manufactures in this state fireworks or a device listed under
sub. (1) (e),
(f) or
(i) to
(n) shall provide the department of commerce with a copy of each federal license issued under
18 USC 843 to that person.
167.10(6m)(d)
(d) The department of commerce shall issue a license to manufacture fireworks or devices listed under
sub. (1) (e),
(f) or
(i) to
(n) to a person who complies with the rules of the department promulgated under
par. (e). The department may not issue a license to a person who does not comply with the rules promulgated under
par. (e). The department may revoke a license under this subsection for the refusal to permit an inspection at reasonable times by the department or for a continuing violation of the rules promulgated under
par. (e).
167.10(6m)(e)
(e) The department of commerce shall promulgate rules to establish safety standards for the manufacture in this state of fireworks and devices listed under
sub. (1) (e),
(f) or
(i) to
(n).
167.10(6m)(f)
(f) The department of commerce may inspect at reasonable times the premises on which each person licensed under this subsection manufactures fireworks or devices listed under
sub. (1) (e),
(f) or
(i) to
(n).
167.10(7)
(7) Parental liability. A parent, foster parent, treatment foster parent, family-operated group home parent or legal guardian of a minor who consents to the use of fireworks by the minor is liable for damages caused by the minor's use of the fireworks.
167.10(8)(a)(a) A city, village or town may petition the circuit court for an order enjoining violations of
sub. (2),
(3) or
(6) or an ordinance adopted under
sub. (5).
167.10(8)(b)
(b) Fireworks stored, handled, sold, possessed or used by a person who violates this section, an ordinance adopted under
sub. (5) or a court order under
par. (a) may be seized and held as evidence of the violation. Except as provided in
s. 968.20 (4), only the fireworks that are the subject of a violation of this section, an ordinance adopted under
sub. (5) or a court order under
par. (a) may be destroyed after conviction for a violation. Except as provided in
s. 968.20 (4), fireworks that are seized as evidence of a violation for which no conviction results shall be returned to the owner in the same condition as they were when seized to the extent practicable.
167.10(9)(a)(a) A person who violates a court order under
sub. (8) (a) shall be fined not more than $10,000 or imprisoned not more than 9 months or both.
167.10(9)(b)
(b) A person who violates
sub. (2),
(3) or
(6) or an ordinance adopted under
sub. (5) shall forfeit not more than $1,000.
167.10(9)(c)
(c) 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.
167.10(9)(g)
(g) Whoever violates
sub. (6m) (a),
(b) or
(c) or a rule promulgated under
sub. (6m) (e) may be fined not more than $10,000 or imprisoned not more than 10 years or both.
Effective date note
NOTE: Par. (g) is amended eff. 12-31-99 by
1997 Wis. Act 283 to read:
Effective date text
(g) Whoever violates sub. (6m) (a), (b) or (c) or a rule promulgated under sub. (6m) (e) may be fined not more than $10,000 or imprisoned for not more than 15 years or both.
167.10 Annotation
Wholesaler under (4) defined. State v. Seigel, 163 W (2d) 871, 472 NW (2d) 584 (Ct. App. 1991).
167.10 Annotation
A fireworks purchaser must have a federal license, hold a valid permit under this section or be a municipality. There is no exception from this requirement because the seller holds a federal license. City of Wisconsin Dells v. Dells Fireworks, Inc. 197 W (2d) 1, 539 NW (2d) 916 (Ct. App. 1995).
167.10 Annotation
Fireworks permits issued to groups do not authorize sales of fireworks to group members for their individual use. City of Wisconsin Dells v. Dells Fireworks, Inc. 197 W (2d) 1, 539 NW (2d) 916 (Ct. App. 1995).
