Serving Gogebic, Iron and Ontonagon Counties
Serving Gogebic, Iron and Ontonagon Counties
TOM LAVENTURE
MERCER, Wis. — The town of Mercer Board of Supervisors on Thursday amended its private display fireworks ordinance to require permits for possession, use or sale of fireworks.
The need for Mercer to amend its ordinance is to more effectively regulate the use of fireworks in accordance with Wisconsin Statute 167.10, the section that governs fireworks, according to township attorney Fritz Schellgell at the meeting. The ordinance now requires any person who wishes to use, possess, sell or otherwise distribute fireworks to first obtain a permit from the town clerk.
The sheriff’s office does not enforce the local permit but they do enforce the state statute if the township requires a permit, he said. The first fireworks permit violation is a $50 fine and a $250 for the second offense plus court costs.
“With us now requiring a permit the sheriff’s department can go knock on someone’s door and say ‘do you have a permit?’, and if the answer is no then they can enforce the state statute,” Schellgell said.
The statute is based on possession, use, or purchase, he said. If an individual brings fireworks to Mercer after purchasing them from a place where there is no permit required for purchase, that individual will still need a Mercer permit to possess and use them, he said.
The revised permit also applies the state statute in terms of what is considered fireworks under the ordinance and what is prohibited conduct. A $50 fee and proof of insurance to offer fireworks are for sale in Mercer.
The permit allows fireworks use only on July 3, 4, and 5, between the hours of 9:30 and 11 p.m., on Dec. 31 from 11:30 p.m. to 12:30 a.m. Jan. 1, and the evening of the first Wednesday of August (Loon Day) from 9:30 to 11:30 p.m.
The permit applications will be available from the town clerk. The permit will be on file with the Mercer Fire Department and the Iron County Sheriff’s Office.
The Wisconsin Department of Natural Resources must designate the fire risk as low-to-moderate in the township to allow fireworks to be used during the authorized dates and times.
Eric Snow, a town supervisor attending the meeting by phone, abstained from the 4-0 approval of the fireworks permit vote, saying he could not review the fireworks forms presented at the meeting. He then withdrew from the meeting for not being able to clearly hear board discussion over the phone connection.
Snow did join the board in its 5-0 approval of an affidavit that recognizes Rocky Point Road as a township road. The action came prior to the fireworks discussion.
Schellgell said an individual who is attempting to sell a family property on Rocky Point Road ran into trouble from the titling company. The surveyor did not recognize that the road crosses over the property which grants legal access and raised other questions that will require another survey.
In the meantime the title company does not recognize the legal access to the road and so is denying title insurance, Schellgell said. While waiting for additional survey the title company requested an affidavit to show that the township recognizes Rocky Point Road as a town road.
The road has been plowed and blacktopped by the township and one way or another it is a town road, he said.
The board 4-0 approved 17 bartender licenses and 23 annual liquor licenses of various types.
The board 3-0 approved a liquor license for The Cranberry. John Sendra, board chair, abstained as a former owner and for a son who is the current owner.
The board 3-0 denied a liquor license to J&C LLC until permits are paid. Town supervisor Vic Ouimette abstained, stating there was a business relationship.
In other business, the board approved 4-0:
—A conditional use permit for an accessory building at Popko Circle West.
—A conditional use permit for an accessory building at 3421N Tutt Road.
—The $1,052 purchase of 20 flags and 20 brackets for street posts. An order for 10 additional brackets was added to the order.
—To update the open records request form to require a fee for staff time, scanning or copying.
—An updated employee handbook to reflect the terms and conditions of restrictive duty work status.
—To reimburse Kurt Meyer for town out of pocket expenses related to annual weight limit exclusion.
—Not to survey a small parcel near Feely Lake.
—To set the annual meeting date for 6 p.m., Tuesday, June 23 at the community center.
