Wisconsin Statute 167.10 governs fireworks statewide and requires a local permit issued by the mayor, village president, or town chair to possess or use most consumer fireworks. The City of Milwaukee has enacted a more restrictive local ordinance (Code of Ordinances Ch. 105) that bans the sale, use, and discharge of consumer fireworks within city limits. Each municipality in fully-incorporated Milwaukee County sets its own fireworks rules under Β§167.10(5)(b).
Under Wis. Stat. Β§167.10(1), 'fireworks' means anything manufactured for exploding, sparking, or combustion that has no other common use, and the statute exempts only specified items: sparklers on a wire or wood stick not over 36 inches, toy snakes containing no mercury, smoke devices, cylindrical and cone fountains classified as Division 1.4 explosives, novelty ground devices, and caps with under one-quarter grain of explosive mixture. Wis. Stat. Β§167.10(3)(c) provides that a permit is required for any non-exempt fireworks possession or use, and the permit may only be issued by the mayor of the city, the president of the village, or the chairperson of the town where use occurs - and only to enumerated holders such as public authorities, fair associations, amusement parks, park boards, civic organizations, individuals/groups, or agricultural producers protecting crops. A permit is valid only inside the issuing jurisdiction. Wis. Stat. Β§167.10(5)(b) authorizes local ordinances that are more restrictive but not less restrictive. The City of Milwaukee uses that authority through Milwaukee Code of Ordinances Chapter 105 to flatly prohibit the sale, possession for sale, use, keeping, discharge, or explosion of fireworks within the city limits, with a fine of not less than $500 and not more than $1,000 on conviction; sparklers and the other state-exempt novelties remain legal because they are not 'fireworks' under Β§167.10(1). Other Milwaukee County municipalities (Wauwatosa, West Allis, Greenfield, etc.) have similar bans or strict permit requirements; Milwaukee County itself does not regulate fireworks separately because it has no police power over incorporated land. Public displays anywhere in the county still require a Wisconsin Department of Safety and Professional Services pyrotechnic operator license and a local permit.
Statewide, possessing or using non-exempt fireworks without a permit violates Wis. Stat. Β§167.10 and is enforceable as a forfeiture (set by local ordinance). In the City of Milwaukee, violation of Chapter 105's fireworks ban is a forfeiture of $500 to $1,000 per offense, plus seizure of the fireworks. Sales without a state license are a separate Department of Safety and Professional Services violation. Local police departments enforce these rules and can issue citations without arrest.
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