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The possession, sale and use of fireworks in Wisconsin
is strictly regulated by section 167.10 of the Wisconsin statutes. This advisory summarizes Wisconsin fireworks
law and answers common questions and corrects common misunderstandings about the law.
Please note that there were two revisions
to section 167.10 in the 2007 Budget Bill. The first revision allows for the sale of fireworks to an individual
or group of individuals who hold a valid permit. The second revision allows for the sale of fireworks to "a
non resident person." The statute still requires that fireworks be possessed or used in Wisconsin only by
individuals who hold a valid permit.
Local ordinances may also regulate fireworks and may be stricter than state law, but cannot be less strict. This
advisory discusses only state law, so some devices or materials described as legal in this advisory may be prohibited
by a local ordinance.
Legal Without A Permit
State allows the sale, possession and use, without a permit, of sparklers, stationary cones and fountains, toy
snakes, smoke bombs, and caps, noisemakers and confetti poppers with less than ¼ of a grain of explosive
mixture. Wis. Stat. § 167.10(1). There is no age restriction on sale, possession or use of these devices and
the statute does not classify them as fireworks. Local ordinances may be more restrictive than state statutes and
may prohibit any of these items or limit their sale or use. These are the only kinds of "fireworks,"
as that word is commonly used, that a person may use or possess without a permit or that may be sold to a person
who does not have a permit.
Illegal Without A Permit
Possessing or using any other fireworks within the state, including, for example, firecrackers, roman candles,
bottle rockets and mortars, without a valid permit is illegal. Wis. Stat. § 167.10(3). A commonly used rule
of thumb is that a permit is required if the device explodes or leaves the ground. The sale of restricted fireworks
to a Wisconsin resident without a valid permit is illegal. Wis. Stat. § 167.10(2). Sales by resident wholesalers
and jobbers to non residents without a permit are allowed, Wis. Stat. § 167.10(4), although use and possession
by non residents in Wisconsin are not.
Conditions For A Valid Permit
Nearly all fireworks permits relied upon
by buyers and users of fireworks in Wisconsin are not valid. Most
of these permits fail for more than one reason. The requirements for a valid permit are contained in Wis. Stat.
§ 167.10(3)(a), (c) and (f) and are detailed below.
Permits issued or sold by fireworks vendors
are invalid. A permit may only be issued
by a mayor, village president or town chair or a municipal employee or official they have designated. Wis. Stat.
§ 167.10(3)(a). An official may not delegate any part of the permit-issuing responsibility or authority to
a vendor. A permit given or sold by a vendor bearing either a printed, stamped or pre-signed signature of a local
official in which the permittee's information is completed by the vendor or the buyer has not been issued by the
official and is not valid, even if it purports to be issued on behalf of the municipality and even if the fees
are remitted to the municipality.
A permit is valid only in the city, village
or town of the official who issued it. A
mayor, village president or town chair can only authorize possession or use of fireworks within their jurisdiction.
Wis. Stat. § 167.10(3)(a). For example, a permit issued by the town chair of one town cannot and does not
authorize possession or use of the fireworks in another town. A person that has a valid permit from one municipality
may purchase fireworks in another municipality and transport them to the municipality in which the person has a
permit. Wis. Stat. § 167.10(3)(b)7.
A permit may require a bond or insurance.
Wis. Stat. § 167.10(3)(e). An official
issuing a permit may require a bond or insurance policy to indemnify the issuing municipality for any damages that
may result from the possession or use of the fireworks.
A permit may be issued to an individual or
group of individuals. Permits, other than
for crop protection, may be issued to a public authority, a fair association, an amusement park, a park board,
a civic organization, an individual, or a group of individuals. Wis. Stat. § 167.10(3)(c).
Although individuals may now obtain permits,
a group may also obtain a permit in the group's name. A group with a permit may authorize an individual to make
purchases on its behalf, but the permit must be in the name of the group.
A person buying for a group should have both a copy of the group's permit and of the authorization of the group.
A group may not issue a blanket authorization to all of its members to purchase on behalf of the group. City of
Wisconsin Dells v. Dells Fireworks, Inc., 197 Wis. 2d 1, 21 539 N.W.2d 916 (Ct. App. 1995). The authorized buyer
may only buy the kind of fireworks specified in the group's permits. The total quantity purchased by all authorized
buyers on behalf of the group cannot exceed the quantity of fireworks authorized by the permit. The fireworks purchased
on behalf of the group may only be possessed in the municipality which issued the group's permit, except while
being transported from the point of sale to that municipality. The fireworks may only be used by the group on the
date and location specified on the permit and subject to any other conditions on the permit.
A permit must specify the kind and quantity
of fireworks allowed to be used or possessed. Wis.
Stat. § 167.10(3)(f)3. The purpose of the fireworks statute is to allow municipalities to "carefully
control the use and possession of fireworks within its boundaries." Dells Fireworks, Inc., 197 Wis. 2d at
21. The kind and quantity must be specified with enough detail to accomplish that. Specifying kind with broad categories,
such as "consumer fireworks" does not satisfy this requirement. Note also that the term "Class C"
fireworks no longer has any legal meaning. Any permit describing the kind of fireworks allowed only as "Class
C" fireworks is invalid.
The quantity must be expressed by the number of each kind of fireworks, not by the dollar value of the fireworks.
Dollars are a measure of value, not quantity.
A permit must specify the location at which
the fireworks may be possessed or used. Wis.
Stat. § 167.10(3)(f)4. As noted above, this location must be within the jurisdiction of the official who issued
the permit. It must be a specific location within that jurisdiction, rather than the entire jurisdiction. The statute
uses "location" in the singular. A permit that specifies multiple locations is not valid.
The permit must specify the date of the permitted
use. The word "date" is in the
singular in the statute. A permit that specifies multiple dates or a range of dates of permitted use is not valid.
This, in combination with the specification of location, means that a separate permit is required for each date
and location for which use is permitted.
The permit must specify the date on and after
which the fireworks can be purchased. This
is also a singular date, not a range of dates and it may be different from the date of permitted use.
A copy of the permit must be given to a fire
or law enforcement official in the municipality which issued the permit at least two days before the date of use. Wis. Stat. § 167.10(3)(g).
The permit may contain additional restrictions. Wis. Stat. § 167.10(3)(f)5. A municipality may adopt
ordinances imposing special restrictions, e.g. times or manner of use, distances from buildings or spectators,
etc. and a permit may specify these additional restrictions.
Permits may not be issued to minors. Wis. Stat. § 167.10(3)(h). Since minors may not be
issued fireworks permits there are no conditions under which it is legal for a minor to possess or use any fireworks
except those allowed without a permit, e.g. sparklers, snakes, fountains, etc.
Non-residents must have a valid permit to
possess or use fireworks while in Wisconsin.
The law has been changed so that it is no longer illegal for a resident wholesaler or jobber to sell fireworks
to out of state residents. Wis. Stat. § 167.10(4). However, the law requiring that a permit is required to
possess or use
fireworks has not changed. Wis. Stat. § 167.10(3)(a). Therefore, while a resident wholesaler or jobber may
lawfully sell fireworks to an out of state resident, it remains unlawful for a non resident to possess or use those
fireworks in Wisconsin without a permit. A non resident who lawfully purchases fireworks under a permit can possess
and use those fireworks in Wisconsin pursuant to the terms of the permit or may transport them out of state. A
non resident without a valid Wisconsin permit may order fireworks from a resident wholesaler or jobber for out
of state delivery. However, the fireworks must be shipped to the buyer by common carrier, contract carrier or private
motor carrier. Wis. Stat. § 167.10(4).
Penalties
A person who possesses or uses fireworks without a valid permit, or who sells fireworks to a person who does not
have a valid permit, is subject to a forfeiture of up to $1,000 per violation. Wis. Stat. § 167.10(9)(b).
Each firework illegally possessed, used or sold may be a separate violation.
A parent or guardian who allows a minor to possess or use fireworks (not including those for which no permits are
required) is subject to a forfeiture of up to $1,000 per violation. Wis. Stat. § 167.10(9)(c).
A city, village or town may obtain an injunction prohibiting a person from violating Wis. Stat. § 167.10(8)(a).
Violations of such an injunction are criminal misdemeanors, subject to up to 9 months in jail and a $10,000 fine.
Wis. Stat. § 167.10(9)(a).
Enforcement
The statutes do not give the Department of Justice direct authority to enforce the fireworks law. Enforcement responsibility
and authority rest with local law enforcement and district attorneys, or municipal prosecutors in the case of local
ordinance violations.