[HISTORY: Adopted by the Board of Supervisors
of the Township of Tobyhanna 3-10-2008 by Ord. No. 463. Amendments noted where
applicable.]
[Amended 6-5-2018 by Ord.
No. 544]
As used in this chapter, the following terms
shall have the meanings indicated:
Any combustible or explosive composition or any substance
or combination of substances intended to produce visible and/or audible
effects by combustion and which is suitable for use by the public
that complies with the construction, performance, composition and
labeling requirements promulgated by the Consumer Products Safety
Commission in 16 CFR,[1] as amended, or any successor regulation and which complies
with the provisions for "consumer fireworks" as defined in the American
Pryotechnics Association ("APA") Standard 87-1, as amended, or any
successor standard, the sale, possession and use of which shall be
allowed subject to: No one may intentionally ignite or discharge 1)
consumer fireworks on public or private property without the express
permission of the owner; 2) consumer fireworks or sparkling devices
within, or throw consumer fireworks or sparkling devices from, a motor
vehicle or building; 3) consumer fireworks or sparkling devices into
or at a motor vehicle or building or at another person; 4) consumer
fireworks or sparkling devices while the person is under the influence
of alcohol, a controlled substance or another drug; and 5) consumer
fireworks within 150 feet of an occupied structure. The term does
not include devices such as "ground and hand-held sparkling devices,"
"novelties" and "toy caps" in APA Standard 87-1, as amended, the sale
and possession of which shall be permitted at all times within this
Township.
Large fireworks to be used solely by professional pyrotechnicians
and designed primarily to produce visible or audible effects by combustion,
deflagration or detonation. The term includes, but is not limited
to: 1) salutes that contain more than two grains or 130 milligrams
of explosive materials; 2) aerial shells containing more than 60 grams
or pyrotechnic compositions; and 3) other display pieces that exceed
the limits of explosive materials for classification as consumer fireworks
and are classified as fireworks UN0333, UN0334 or UN0335 hazardous
materials table.
[1]
Editor's Note: See 16 CFR 1.1 et seq.
[Amended 6-5-2018 by Ord.
No. 544]
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 display fireworks
within the limits of the Township of Tobyhanna, unless a permit therefor
is granted by Tobyhanna Township, as hereinafter provided.
The applicant for a permit to display fireworks
within this Township must comply with and abide by any and all Pennsylvania
and federal statutes and regulations and any and all applicable county
or other local regulations governing the use, storage, and display
of fireworks, including but not limited to the International Fire
Code and 35 P.S. § 1271 et seq., as amended. All Pennsylvania,
federal, county and other local laws and regulations are incorporated
herein by reference. All regulations relating to the display of fireworks
under the International Fire Code and/or Uniform Construction Code
are also incorporated herein by reference. In the event of an inconsistency
between the aforementioned Pennsylvania, federal, county and other
local laws and regulations and this chapter, the more stringent regulation
shall apply. The applicant must further receive any and all requisite
Pennsylvania, federal, county and/or other local permits and/or licenses
relating to the proposed fireworks display.
[Amended 6-5-2018 by Ord.
No. 544]
Every such fireworks display within the limits of the Township
shall be handled, arranged, managed and directly supervised by a competent
operator. Every such fireworks display within the Township shall be
of such a character and so located, discharged or fired as not to
be hazardous to property or endanger any person or persons in the
opinion of the Board of Supervisors, or their duly authorized representative
after proper inspection. No display fireworks shall be ignited within
300 feet of a facility that meets the requirements of §§ 2407
or 2410 (relating to permanent and temporary sales locations) of Pennsylvania
Act 43 of 2017. The Township Fire Chief and Fire Code Official, or
other such officer as may be designated by the Township, shall inspect
the display site prior to the issuance of a permit in accordance with
the International Fire Code and other applicable regulations and ensure
that the site and proposed fireworks display are compliant with said
regulations and safe. No permit for the public display of fireworks
shall be issued until the Township Fire Chief, or other such officer
as may be designated by the Township, determines that the requested
permit may be granted after inspecting the location for the requested
display.
A.
An application for a permit shall be made in writing
to the Township at least 60 days in advance of the date of the display,
and shall set forth the proposed date, time and location of the display,
the character and duration thereof, the name and address of the competent
operator, and the name and address of the owner or owners of the grounds
on which the display is to be held, together with the written consent
of such owner or owners thereto and a copy of any permit application
required by the International Fire Code. The application for the permit
shall also contain copies of any and all state, federal and/or county
permits and/or licenses needed for the public display of fireworks.
All applicants shall pay the Township the appropriate permit fee identified
in the Township's duly enacted fee schedule resolution before the
issuance of a permit and shall further provide proof of liability
insurance, acceptable to the Township, and the required bond to the
Township. The Township Board of Supervisors may attach conditions
and/or restrictions on any permit for the display of fireworks as
are deemed necessary.
B.
If and after such permit is granted by the Township Board of Supervisors or an authorized designee, the possession, use and display of display fireworks for the approved display shall be lawful for that purpose, date and time only. If by reason of unfavorable weather the fireworks 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 the following business day apply to the Township, and set forth under oath the fact that such use and display was not made, the reason the use and display did not take place, and a request for a continuance of such permit for a day designated therein. The continuance date shall be no later than one week (seven days) after the day fixed originally in said permit. Upon receiving such application for a continuance, the Township, if it believes the facts stated therein are true, may extend the provisions of said permit to the day fixed in said application, no later than one week (seven days) 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 insurance other than the certificate of insurance given for the original permit, provided that the provisions of the original certificate of insurance extend to and cover all damages which may be caused by reason of said use and display taking place at such extended date in the same manner and to the same extent as if such use and display had taken place at the date originally fixed in the permit. Upon application to the Township and subject to compliance with this Chapter 75, a permit granted hereunder shall be transferable.
[Amended 6-5-2018 by Ord. No.
544]
C.
No permit for the display of fireworks shall be issued to an individual
under the age of 18.
[Amended 6-5-2018 by Ord. No.
544]
The Board of Supervisors of the Township of
Tobyhanna shall require a bond deemed adequate by the Board of Supervisors
from the applicant, permittee or licensee in an amount deemed appropriate
by the Board of Supervisors. The bond amount shall be no less than
$1,000,000 and shall be provided for the payment of any and all damages
caused to any person or persons, and to any property by reason of
the fireworks display and arising from any acts of the licensee, his
or its agents, employees, subcontractors or volunteers. The bond shall
be in a form acceptable to the Township and no permit for a fireworks
display shall be issued unless an acceptable bond is received by the
Township.
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 Township, and set forth under oath the fact
that such display was not made, the reason the display did not take
place, and a request for a continuance of such permit for a day designated
therein. The continuance date shall be no later than one week (seven
days) after the day fixed originally in said permit. Upon receiving
such application for a continuance, the Township, if it believes the
facts stated therein are true, may extend the provisions of said permit
to the day fixed in said application, no later than one week (seven
days) 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, provided that the provisions of the original bond 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 at the date originally fixed in
the permit.
In the event of any violation of this chapter
or of the terms, conditions or limitations noted on the permit for
the display of fireworks, or in the event of any unsafe condition
occurring before or during the course of the fireworks display, the
Pennsylvania State Police, Pocono Mountain Regional Police, Township
Fire Chief or the appropriate Township designee, or any other authorized
Township representative may, before or during the fireworks display,
order such display to be stopped in the interest of public safety.
[Amended 5-12-2008 by Ord. No. 466]
Any person individual, partnership, copartnership,
association or corporation violating the provisions of this chapter
shall be guilty of a summary offense, and, upon conviction thereof,
shall be punished by a fine not exceeding $300 or by imprisonment
not exceeding 90 days or by both such fine and imprisonment.
