[HISTORY: Adopted by the Council of the Borough of Baden 6-6-1938
by Ord. No. 233. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 90.
[Amended 5-15-1985 by Ord. No. 759]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any combustible or explosive composition or any substance
or combination of substances or article prepared for the purpose of producing
a visible or an audible effect by combustion, explosion, deflagration or detonation.
It shall also include blank cartridges, toy pistols, toy cannons, toy canes
or toy guns in which explosives are used. It shall also include unmanned balloons
which require fire underneath to be propelled. Firecrackers, torpedoes, skyrockets,
roman candles, dago bombs, sparklers or other fireworks of like construction
shall also be included. Fireworks containing an explosive or flammable compound,
tablets or other devices containing an explosive substance are included. The
term "fireworks" shall also include fireworks containing an explosive or designed,
sold and used for the purpose of propelling recoverable aircraft models. Further,
it shall not include toy pistols, toy canes, toy guns or other devices in
which paper and/or plastic caps which are manufactured in accordance with
the United States Department of Transportation regulations are used. Each
package containing toy paper and/or plastic caps offered for retail sale shall
be labeled to indicate the maximum explosive content per cap.
From and after the passage of this chapter, it shall be unlawful for
any individual, firm or corporation to sell, barter, give away, trade in or
deal in fireworks of any kind whatsoever within the limits of the Borough
of Baden.
Except under and in accordance with the conditions of § 93-4 of this chapter it shall be unlawful for any person to use, handle, discharge or display fireworks of any kind whatsoever at any place within the limits of the Borough of Baden.
[Amended 5-15-1985 by Ord. No. 759]
Upon receipt of proper application, the Mayor may, in his discretion,
if he is satisfied that a contemplated fireworks display will be conducted
without danger to public safety and without annoyance or disturbance to the
public generally, issue a permit authorizing any organized group or association
to conduct a fireworks display in connection with a public celebration.
The application for such permit must be in writing and must state:
A.
Name and nature of the organization or association.
B.
The names and addresses of the officers thereof.
C.
The date of the occasion and the hours during which the
fireworks display is to be held.
D.
The place or location of the celebration.
E.
The occasion of the celebration.
F.
The names and addresses of all persons (not to exceed
three in number) who are to handle and discharge fireworks and conduct the
display.
A.
A permit upon issuance shall be good only in favor of
the applicant and for the date and the hours specified therein and shall state
the names of the persons (not more than three in number) who only shall have
the right to discharge fireworks and conduct the display.
B.
No fireworks display shall be held except in strict accordance
with the permit and shall be held in accordance with any order issued by the
police and fire authority of the Borough and not otherwise, and no display
shall be conducted between the hours of 12:00 midnight and 12:00 noon Eastern
standard time, nor shall any display be held upon Sunday.
[Amended 5-15-1985 by Ord. No. 759]
Any person who shall violate any provision of this chapter shall, upon
conviction thereof, be punishable by a fine of not more than $300 and costs
of such proceedings or, upon default of payment of such fine and costs, by
imprisonment in the county jail for a term of not more than 30 days.
