Wisconsin Statute 167.10 governs fireworks statewide and requires a local user's permit issued by the mayor, village president, or town chair to possess or use most consumer fireworks. Many Waukesha County municipalities (including the City of Waukesha and City of Brookfield) tightly restrict or prohibit consumer fireworks use through stricter local ordinances. Wis. Stat. Β§167.10(5)(b) lets local rules be more restrictive but never less restrictive than state law.
Under Wis. Stat. Β§167.10(1), 'fireworks' means anything manufactured for exploding, sparking, or combustion that has no other common use. The statute exempts only specified items: sparklers on a wire or wood stick not exceeding 36 inches, toy snakes containing no mercury, smoke devices, cylindrical and cone fountains classified as Division 1.4 explosives, novelty ground devices (e.g., ground-spinners, pinwheels), caps with under one-quarter grain of explosive mixture, and model rocket engines. 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 in which the fireworks are to be used (or a designee), and only to enumerated holders such as public authorities, fair associations, amusement parks, park boards, civic organizations, individuals/groups, or agricultural producers protecting crops. Permits may not be issued to minors and are valid only inside the issuing jurisdiction. Wis. Stat. Β§167.10(5)(b) authorizes ordinances that are more restrictive than state law (but not less). Public displays anywhere in the county also require a Wisconsin Department of Safety and Professional Services pyrotechnic operator license under Wis. Admin. Code ch. SPS 314. Waukesha County itself does not regulate fireworks separately from state law - city, village, and town boards in Waukesha, Brookfield, New Berlin, Pewaukee, Menomonee Falls, Mukwonago, Sussex, and the unincorporated towns each set local rules. Always check the local municipal code before purchasing or using consumer fireworks.
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. Selling fireworks without a state license is a separate Department of Safety and Professional Services violation under Wis. Admin. Code ch. SPS 314. Local police and the county sheriff can issue citations and seize the fireworks.
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