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(7m)
(7m) Municipal liability. No city, village, or town, or committee, official, or employee of a city, village, or town, is civilly liable for damage to any person or property caused by fireworks for the sole reason that the city, village, or town issued a permit in accordance with the requirements of
sub. (3) and any applicable requirements authorized under
sub. (5), that authorized the purchase, possession, or 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 Note
NOTE: 2003 Wis. Act 298, which created sub. (7m), contains explanatory notes.
167.10 Cross-reference
Cross Reference: See also ss.
Comm 5.21,
7.50, and
7.51, Wis. adm. code.
167.10 Annotation
Sub. (4) may be violated in 3 ways: 1) the improper delivery of fireworks legitimately sold at wholesale; 2) the sale of fireworks at retail; or 3) both. Wholesale under sub. (4) is defined as the sale of goods in quantity for resale. State v. Seigel,
163 Wis. 2d 871,
472 N.W.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 Wis. 2d 1,
539 N.W.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 Wis. 2d 1,
539 N.W.2d 916 (Ct. App. 1995),
94-1999.
167.10 Annotation
Sub. (4) allows sales to purchasers physically outside of the state's boundaries but does not permit sales within the state's boundaries to nonresidents. Sub. (4) permits the purchase of restricted fireworks within the state only by purchasers with a permit or who fit within a specified exception under sub. (2). State v. Victory Fireworks, Inc.
230 Wis. 2d 721,
602 N.W.2d 128 (Ct. App. 1999),
99-0243.
167.11
167.11
Hazardous substances. 167.11(1)
(1) No person shall sell, offer for sale or otherwise distribute any package of a substance which when mixed with organic matter will cause spontaneous combustion under reasonably anticipated conditions of use or handling unless the package bears a label clearly warning that the substance will create a fire hazard when so mixed.
167.11(2)
(2) The department of commerce shall, by rule, set forth the nature of such warning and shall enforce this section.
167.11(3)
(3) Any person violating this section may be fined not less than $25 nor more than $100 for each offense.
167.11 History
History: 1995 a. 27, ss.
4470 and
9116 (5).
167.12
167.12
Safety appliances. Any person, firm, or corporation who shall sell, offer or expose for sale, or use any machine to be operated by steam, or other power, for the purpose of husking or shredding corn or corn stalks shall provide such machine with safety or automatic feeding devices for the protection from accident by the snapping rollers, husking rollers, and shredding knives of any person using or operating such machine in the discharge of their duty, and such machine shall be so guarded that the person feeding said machine shall be compelled to stand at a safe distance from the snapping rollers; and any person, firm, or corporation operating such machine shall maintain thereon such safety or automatic feeding devices. The duty to equip such machine with safety or automatic feeding devices, as well as the duty to maintain the same, shall be absolute; and the exercise of ordinary care on the part of such person, firm, or corporation operating such machine shall not be deemed a compliance with such duty; and in case any person in the employ of such person, firm, or corporation operating such machine continues in such employment when such device has not been installed and maintained, as above provided, such employee shall not be deemed guilty of a want of ordinary care, on account of so continuing in such employment.
167.13
167.13
Operation. No person, firm or corporation shall use, operate or permit to be used or operated any such machine purchased prior to June 12, 1909, unless during all the time such machine shall be used and operated it shall be in charge of a competent person whose sole duty shall be to oversee and attend to the operation and use of the same; nor use, operate or permit to be used or operated any such machine whatever while the safety devices or guards are detached.
167.14
167.14
Sale regulated. No such machine shall be sold or offered or exposed for sale unless the said machine shall have plainly marked upon it the name and location of the person, firm or corporation manufacturing the same.
167.151
167.151
Unlawful operation of corn shredders. Any person, firm or corporation who shall violate any of the provisions of
ss. 167.12 to
167.14 shall be punished by a fine of not less than $25 or more than $100 for each offense.
167.18
167.18
Threshing machine joints to be covered. Any person owning or running any threshing machine in this state so constructed that any joint, knuckle or jack thereof is dangerously exposed, who shall neglect to cover or secure the same in some suitable manner so as to prevent injury to persons passing over or near the same, shall be punished by fine not exceeding $50 nor less than $2.
167.19
167.19
Farm machinery storage. 167.19(1)
(1) Retail dealer's buildings for the storage of farm tractors, trucks and motorized farm machinery may be metal covered, pole type or frame and if other than metal or concrete covered shall not be closer than 30 feet to any other building. If the building is more than 50 feet in length it shall have more than one door.
167.19(2)
(2) Motor fuel and storage batteries must be removed from units stored in such buildings, and any repairing or overhauling of the units in such buildings is prohibited.
167.20
167.20
Stairway guards. 167.20(1)(1) The owner of any building or other structure which has an open stairway or area way leading to or abutting upon any sidewalk, and the owner of any real estate adjacent to or abutting upon any sidewalk and which is lower than such sidewalk, shall sufficiently guard such stairway or area way or property as to prevent accidents.
167.20(2)
(2) Any person who violates this section shall be fined not less than $25 nor more than $100 or imprisoned for not less than 30 days nor more than 6 months. Each day during which a violation of this section continues shall be considered a separate offense.
167.20 History
History: 1997 a. 254.
167.22
167.22
Cigars not to be manufactured in basements. No shop or place wherein cigars are manufactured shall be located below the ground floor.
167.25
167.25
Refrigerators and iceboxes. 167.25(1)
(1) Any person who discards or abandons any refrigerator, icebox or deep freeze locker, having a capacity of 1 1/2 cubic feet or more, which is no longer in use, and which has not had the door removed, or such portion of the latch mechanism removed to prevent latching or locking of the door, is guilty of a misdemeanor. Any owner, lessee or manager who knowingly permits such a refrigerator, icebox or deep freeze locker to remain on premises under his or her control without having the door removed or such portion of the latch mechanism removed to prevent latching or locking of the door is guilty of a misdemeanor. Any person violating this section shall be fined not more than $50 or imprisoned not more than 30 days or both.
167.25(2)
(2) Guilt of a violation of this section shall not, in itself, render one guilty of manslaughter, battery or other crime against a person who may suffer death or injury from entrapment in such refrigerator, icebox or deep freeze locker.
167.25 History
History: 1993 a. 482.
167.26
167.26
Leaving unguarded ice holes. 167.26(1b)(c)
(c) "Water quality project" means a project that improves water quality, including a project that improves fish habitat or that reduces or prevents any of the following:
167.26(1g)
(1g) Except as provided in
sub. (1m), any person who removes ice or causes its removal from any stream, pond or lake shall place around the margin of the opening made by such removal a fence, by setting posts of not less than 2 by 4 in size with any of the following fencings:
167.26(1g)(a)
(a) A fence board attached not less than 3 1/2 feet above the surface of the ice on the stream, pond or lake.
167.26(1g)(b)
(b) Colored plastic construction roll fencing attached to the posts.
167.26(1m)
(1m) Instead of the requirements under
sub. (1g), any person who removes ice or causes its removal from Lake Butte des Morts, Lake Poygan, Lake Winnebago or Lake Winneconne for the spearing of sturgeon may mark the opening made by the removal without using fencing if the person uses at least 2 strips of wood that protrude at least 3 feet above the surface of the ice. The strips of wood may not exceed approximately 1.5 inches in width and approximately 0.25 inch in thickness.
167.26(2)(a)(a) Instead of the requirements under
sub. (1g), any person creating ice holes by aeration of water may do any of the following:
167.26(2)(a)1.
1. Erect and maintain a barricade around the holes consisting of uprights that are spaced at adequate intervals to maintain the barricade and that are connected by a continuous rope, cord, or similar material placed at least 2.5 feet and not more than 4.5 feet off the surface.
167.26(2)(a)2.
2. Erect and maintain a visual warning mechanism that is highly visible and that is reflectorized, fluorescent, or lighted.
167.26(2)(b)
(b) The connecting rope, cord, or similar material specified in
par. (a) 1. shall have reflectorized, fluorescent, or lighted ribbon or tape or other reflectorized devices attached to it, so as to be highly visible, and shall be of sufficient strength to permit retrieval of the barricade following melting of the ice.
167.26(2)(c)
(c) Any person erecting a barricade or warning mechanism under this subsection shall remove the barricade and all parts of the barricade or mechanism immediately after the ice has melted.
167.26(2m)(a)(a) Instead of the requirements under
subs. (1g) and
(2), any public inland lake protection and rehabilitation district or any nonprofit membership corporation that is creating ice holes for a lake by aeration of water for purposes of a water quality project that has been approved by the department of natural resources may provide alternative warning methods by doing all of the following:
167.26(2m)(a)1.
1. Posting highly visible warning notices at each shoreline area through which the public has access to the lake.
167.26(2m)(a)2.
2. Providing a written warning notice to each owner of riparian property on the lake.
167.26(2m)(b)
(b) Each warning notice placed by a public inland lake protection and rehabilitation district or a nonprofit membership corporation under
par. (a) 1. shall meet all of the following requirements:
167.26(2m)(b)1.
1. The size, lettering, and format of each notice shall be designed so as to make the notice readable by the public at a distance of 60 feet.
167.26(2m)(b)2.
2. Each notice shall contain the wording "DANGER—OPEN WATER," "WARNING—ICE HOLES," or "DANGER—THIN ICE" or wording of a similar nature.
167.26(2m)(b)3.
3. Each notice shall replicate the wording required under
subd. 2. so that the wording on each notice is visible from the shoreline and from the water.
167.26(2m)(b)4.
4. Each notice shall be made of durable material and lettering and shall be replaced as necessary so that the notice remains readable throughout the winter season.
167.26(2m)(b)5.
5. The notices shall be placed no later than December 15 of each winter season.
167.26(2m)(c)
(c) The written notices provided to each owner of riparian property by a public inland lake protection and rehabilitation district or a nonprofit membership corporation under
par. (a) 2. shall be provided no later than December 15 of each winter season.
167.26(3)(a)(a) Except as provided in
par. (b), a person barricading or marking an ice hole or opening in the manner specified in this section, or erecting a warning device or posting a notice for an ice hole or opening in the manner specified in this section, shall be exempt from liability for injury to or the death of any person or for damage to any property that results from creating the ice hole or opening.
167.26(3)(b)
(b) Except as provided in
par. (c), a member of a qualified lake association or of a nonprofit membership corporation shall be exempt from any liability incurred by the qualified lake association or nonprofit membership corporation in creating an ice hole or opening that is subject to the barricading, fencing, or warning requirements under this section.
167.26(3)(c)
(c) Any riparian property owner who is aware of the existence of an ice hole or opening in the stream, pond, or lake to which his or her riparian property abuts shall not be exempt from liability as provided in
par. (a) if the owner fails to warn a person to whom the owner has given permission to cross the property in order to have access to the stream, pond, or lake by doing one of the following:
167.26(3)(c)1.
1. Directly warning the person of the existence of the ice hole or opening.
167.26(4)
(4) This section shall not apply to ice holes caused by hydroelectric dams or by air bubbler systems installed by the corps of engineers for navigational purposes.
167.26(5)
(5) This section shall apply to all navigable or public waters of the state.
167.26(6)
(6) Any person violating
sub. (1g),
(1m),
(2), or
(2m) shall be imprisoned for not more than 6 months or fined not more than $100. Any person who removes a barricade, fencing, a warning notice, or a warning mechanism or other barrier or marking that complies with this section during the period beginning with December 15 of a given year and ending on March 30 of the following year may be imprisoned for not more than 6 months or fined not more than $100.
167.27
167.27
Capping and filling wells or similar structures. 167.27(1)(1) This section applies only to counties of a population of 500,000 or more.
167.27(2)
(2) The owner of any real estate shall securely protect any well, seepage pit, cistern, cesspool, septic tank, or other similar structures in active use with a cover of concrete, metal or wood covered with sheet metal, securely fastened and of sufficient weight so it cannot be removed by small children and so as to make it free from danger to persons going upon such real estate.
167.27(3)
(3) Whenever any shallow dug well, seepage pit, cistern, cesspool or septic tank is abandoned or its use discontinued, the owner of the real estate upon which it is located shall promptly fill the same to grade.
167.27(4)
(4) Whenever any drilled, bored or deep dug well, except test wells of 10 inches or less in diameter, is abandoned or its use discontinued, the owner of the real estate upon which it is located shall promptly fill the same, either with alternate layers of sand or clay and concrete, and seal with a concrete cover at least 5 inches thick, or in accordance with recommendations of the department of health services.
167.27(5)
(5) Whenever any mine shaft, exploration shaft or test well is abandoned or its use discontinued, the operator or contractor shall promptly fill same to grade or enclose the same with a fence of strong woven wire not less than 46 inches wide with one barbwire above or cap same with a reinforced concrete slab at least 6 inches thick or with a native boulder at least 3 times the diameter of the top of the shaft or test well bore. The strands of the woven wire shall not be smaller than No. 12 wire and the cross wires and meshes shall not be smaller than No. 16 wire; the strands shall not be more than 12 inches apart, and the meshes shall not exceed 8 inches square. All wires must be tightly stretched and securely fastened to sufficient posts firmly set not more than 8 feet apart. In case any person shall neglect to repair or rebuild such fence which the person is so required to build and maintain, any person may complain to the department of commerce or to the local governing body, which shall give notice in writing to the person who is required to build and maintain such fence. The department of commerce or the local governing body shall then proceed to examine the fence, and if it shall determine that such fence is insufficient, it shall notify the person responsible for its erection and maintenance and direct the person to repair or rebuild the fence within such time as it shall deem reasonable. Any person refusing to comply with such order shall be subject to the penalties provided.
