[HISTORY: Adopted by the Borough Council of the Borough of Moosic 5-10-2005
by Ord. No. 11-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 154.
As used in this article, the following terms shall have the meanings
indicated:
The Borough of Moosic.
The term "consumer fireworks" shall mean and include combustible
or explosive composition or any 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 (relating to commercial practices) or any successor regulation and which
complies with the provisions for "consumer fireworks" as defined in the American
Pyrotechnics Association (APA) Standard (87-1), or any successor standard.
The term does not include such devices as "ground and handheld sparkling devices,"
"novelties" and "toy caps" in APA Standard 87-1, the sale, possession and
use of which shall be permitted at all times throughout this Borough.
The term "display fireworks" shall be defined as provided in 27 CFR
Section 555.11 (relating to meaning of terms).
As used herein, refers to any borough, county and/or related authority.
As used herein, refers to any natural person, any partnership, any
corporation and/or association.
A.
Any person seeking to display consumer or display fireworks
within the territorial limits of the Borough of Moosic must acquire a permit
from the Board and complete an application as provided by the Borough.
B.
No person shall display consumer or display fireworks
within the limits of the Borough without first obtaining a permit.
C.
No permit shall be issued to any person under the age
of 18 years.
The display of consumer and/or display fireworks shall be only at the
location provided for in the approved permit.
A.
Any person applying for a permit to display fireworks
within the Borough of Moosic shall have a minimum of five years' experience
in displaying and/or supervising consumer fireworks or display fireworks.
B.
Any person wishing to display fireworks within the Borough
of Moosic shall be properly licensed by the state or federal government, if
so required.
C.
Prior to issuing a permit, an inspection shall be performed
by the volunteer fire company whose jurisdiction covers the area where the
display is intended to be held.
D.
Said Fire Chief shall approve said permit if, in the
Fire Chief's opinion, the display is not a hazard to property and/or
persons.
E.
If the Chief requires certain accommodations or changes
to approve the permit, then said permit shall be approved upon the person
displaying said fireworks making any and all changes or recommendations as
set forth by the Chief.
F.
Any person displaying fireworks shall have on site during
the entire length of the display an ambulance staffed by sufficient personnel
and fire equipment staffed by sufficient personnel as determined by the Fire
Chief.
G.
Any person wishing to display fireworks within the Borough
of Moosic shall provide the Borough with a liability insurance policy in the
aggregate sum of at least $5,000,000 and proof of workers' compensation
coverage.
A.
Prior to the issuance of a permit, the Chief of the volunteer
fire company and/or his designee shall inspect the area and render an opinion
as to whether the display would present a hazard to property and/or persons.
The Chief shall promptly notify the Borough whether his inspection results
in an approval or denial of the permit.
B.
The Chief or his designee may impose reasonable conditions
upon the display of fireworks and determine whether those conditions have
been implemented prior to issuing a permit.
A.
The fee for the permit shall be $500 per display event.
B.
Provided herein that, if the person wishing to make the
display is a municipality and the municipality displays fireworks on a regular
basis at the same location, then that municipality shall pay a one-time permit
fee per year for all displays occurring at that one location.
C.
The Borough will divide said fee, 50% to the Borough
and 50% to the Fire Company that conducted the inspections,
The permit granted hereunder shall not be transferable.
The person wishing to conduct the display shall comply with all federal
and state laws.
Any person who violates or permits a violation of this chapter, upon
being convicted before a District Justice, shall pay a fine not exceeding
$600 and any costs incurred by the Borough of Moosic and, in default of payment
of the fines and costs, shall be subject to imprisonment in the Borough jail
for a period not exceeding 30 days. Each day of the violation shall be considered
a separate violation and offense.
