It shall be unlawful for any person, persons, firms or corporations,
amusement parks, fair associations or other organizations or groups of individuals,
to have or to hold public displays of fireworks within the limits of Mount
Pleasant Township, unless a permit therefor is first granted by the Mount
Pleasant Township Zoning Officer, as hereinafter provided.
Every such display within the limits of Mount Pleasant Township shall
be handled by a competent operator, not under the age of 18, and which displays
shall be of such character and so located, discharged or fired, as in the
opinion of the Board of Supervisors, or their duly authorized representative,
after proper inspection, shall not be hazardous to property or endanger any
person or persons.
Application for permits shall be made in writing to the Township Zoning
Officer at least 30 days in advance of the date of display, setting forth
the proposed location of the display, the character thereof, name and address
of the operator and the name and address of the owner or owners of the grounds
on which the display is to be held with the consent of such owner or owners
thereto in writing attached. All applicants shall pay the Township Treasurer
the sum as set from time to time by resolution of the Board of Supervisors
before issuance of a permit and provide proof of liability insurance.
If and after such permit shall be granted by the Mount Pleasant Township
Board of Supervisors or designee, possession, sale, use and distribution of
fireworks for such display shall be lawful for that purpose only. No permit
granted hereunder shall be transferable.
The Mount Pleasant Board of Supervisors shall require a bond, deemed
adequate by it, given by the permittee or licensee in an amount deemed appropriate
by the governing body but will not be in a sum less than $500, conditioned
for the payment of all damages caused to any person or persons and to any
property by reason of the licensed display and arising from any acts of the
licensee, his or its agents, employees, or subcontractors, which bond shall
be filed with the Township Secretary/Treasurer before any permit for a supervised
public display or fireworks is delivered.
If by reason of unfavorable weather the display for which a permit has
been granted does not take place at the time so authorized, the person to
whom such permit was issued may, within 24 hours, apply to the authority having
granted the same, setting forth under oath the fact that such display was
not made, giving the reason therefor and requesting a continuance of such
permit for a day designated therein, not later than one week after the day
fixed originally in said permit. Upon receiving such application for a continuance,
the authority, if it believes the facts stated therein are true, shall extend
the provisions of said permit to the day fixed in said application, not later
than one week after the original day designated in the permit, and such extension
of time shall be granted without the payment of any additional fee and without
requiring any bond other than the one given for the original permit, the provisions
of which shall extend to and cover all damages which may be caused by reason
of said display taking place at such extended date in the same manner and
to the same extent as if such display had taken place at the date originally
fixed in the permit.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial District
Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000, plus costs
of prosecution. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day or portion thereof
that such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated shall
also constitute a separate offense.