Brown Deer board adopts ordinance banning sale and use of fireworks; debate focuses on "safe-and-sane" novelty items

The Village of Brown Deer on Feb. 4 adopted an ordinance prohibiting the sale and use of fireworks in the village, after public comment from vendors and residents and extended discussion by trustees about whether so-called "safe-and-sane" ground items such as sparklers and poppers should be allowed to be sold.

Supporters of allowing limited sales argued the items provide a lower-risk, local fundraising option. Matt Soko, manager with TNT Fireworks, told the board that novelty, ground-based items are “a much safer alternative option for the community to purchase” and said local tent sales help fund a teacher’s classroom (he said the tent operator in Brown Deer keeps about 20% of sales for her special-education classroom).

Village staff summarized a proposed ordinance change that would make the village code consistent with state law by clarifying that use of fireworks already prohibited by state statute remains banned in Brown Deer and by explicitly banning the sale of fireworks in the village. Staff and the village attorney told trustees the open question was whether to also ban sales of items that the state statute does not classify as fireworks (examples discussed at the meeting included sparklers, smoke devices, "snakes," poppers and ground spinners).

Trustees debated enforcement and community impact. Village staff noted that while the village can regulate sale through transient-merchant permits, enforcement of private use would be difficult for police. One trustee said banning sales of novelty items would reduce the number of tents that can pop up in the village and reduce mixed messages for residents; another said prohibiting sales could push people to buy products outside the village and bring them back, and that ground-based items posed lower enforcement burdens.

After discussion, trustees voted to adopt the ordinance as amended and directed staff to return with draft ordinance language that would also ban the sale of the novelty or "safe-and-sane" items (the final motion and roll call were recorded by the board). The final recorded vote totals were not fully specified in the public transcript available; the board chair announced the ordinance was approved as amended.

Why it matters: The decision changes what vendors can sell inside Brown Deer and clarifies village enforcement authority. It also responds to mixed community feedback, balancing fundraising and vendor activity against public-safety and neighborhood concerns.

Details and next steps: Staff said vendors interested in selling fireworks last year included multiple companies and that the village could limit the number of permits if it chooses. The board directed staff and the village attorney to draft the precise ordinance amendment banning sale of novelty/ground-based items and return it for adoption or further action.