[HISTORY: Adopted by the Board of Supervisors of Mount Pleasant Township 10-26-2005 by Ord. No. 103. Amendments noted where applicable.]
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.