[HISTORY: Adopted by the Borough Council of the Borough of Aldan 5-8-1935
by Ord. No. 163. Amendments noted where applicable.]
On and after June 1, 1935, it shall be unlawful and it is hereby forbidden
and prohibited for any person, persons, firm or corporation to store, sell,
offer or expose for sale or have in possession with intent to sell or to use,
discharge or cause to be discharged, ignited, fired or otherwise set in action
within the limits of the Borough of Aldan any firecrackers, fireworks, rockets,
sparklers, torpedoes, roman candles, fire-balloons or other fireworks or substances
of any combinations whatsoever designed or intended for pyrotechnic display
except after having obtained a license as hereafter provided.
Licenses for the public display of fireworks by properly qualified individuals
or corporations or by the borough official may be issued by the Borough Council,
in such form as may be prescribed and upon furnishing such information as
may be required, provided that such display or displays shall be of such a
character and so located, discharged or fired as, in the opinion of Borough
Council, shall not be hazardous to property or endanger any person or persons,
provided that application for such license be made at least 10 days in advance
of the date of display.
Such fireworks or devices for pyrotechnic display may be stored within
the limits of the Borough of Aldan when the license for such storage has been
issued as herein provided, provided that the building or premises in or upon
which such storage is to be made have been properly inspected by the Chairman
of the Police Committee and certified to by the Secretary as a proper place
for such storage, provided that no license shall be for such storage within
500 feet of a school, hospital, church or other public institution or any
building used as a place of public assembly.
The provisions of this chapter shall not apply to articles of the kind
and nature herein mentioned which shall be in the possession of railroads
or transportation companies for the purpose of transportation, unless the
same shall be held voluntarily by such railroads or companies as warehousemen,
provided that none of the provisions of this chapter shall apply to signaling
devices used by railroad companies or required by law to be used by motor
vehicles or high explosives used for blasting or similar purposes under existing
laws.[1]
[1]
Editor's Note: Original Section 5, providing an exception for
Independence Day, which immediately followed this section, was repealed at
time of adoption of Code.
Any person, firm or corporation who or which shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay a fine
of not more than $600, plus costs of prosecution, and in default of payment
of such fine and costs shall be imprisoned for a term not to exceed 30 days.
Every day that a violation of this chapter continues shall constitute a separate
offense.
The police officers, with the approval of the Chairman of the Police
Committee, shall seize, take, remove or cause to be removed, at the expense
of the owner, all stocks of fireworks or combustibles offered or exposed for
sale, stored or held in violation of this chapter.
