The manufacture of fireworks and sale, marketing and distribution thereof is prohibited within the jurisdiction of Westmont Borough. Any display and/or discharge of fireworks shall comply with the requirements of this chapter.
[HISTORY: Adopted by the Borough Council of the Borough of Westmont 3-8-1994 as Ord.No. 711.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance supersedes former Ch. 106, Fireworks, adopted 5-6-1935 as Ord. No. 159, as amended.
Any person, individual, corporation or entity who desires to discharge fireworks for public or private display shall provide written notice to the Secretary of Westmont Borough at least 30 days in advance of the date and time when said event of fireworks shall occur. This written notice shall also provide proof of an appropriate bond and/or insurance naming the Borough of Westmont as an additional insured, and proof that an approved competent operator shall handle the public and/or private display is required herein.
It shall be a violation of this chapter for any person, individual, entity or corporation to store, offer for sale, market, expose for sale, sell at retail or use or explode any fireworks, except for supervised public and private display and/or discharge of fireworks within the jurisdiction of Westmont Borough as authorized by this chapter. Every such public and private display and/or discharge of fireworks as authorized by this chapter shall be handled by an approved, competent operator. The fireworks shall be arranged, located and discharged or fired in a manner that will not be a hazard to property or endanger any person.
Any person, individual, entity or corporation who desires to display and/or discharge fireworks shall furnish a bond and/or appropriate insurance naming the Borough of Westmont as an additional insured in an amount which shall be adequate for the payment of all damages which may be caused either to a person or persons or to property by reason of the fireworks display or discharge and arising from any acts of the persons, individuals, entities or corporations or his/their/its agents, employees or subcontractors.
Unfired fireworks and trash that remain after the display is concluded shall be immediately disposed of in an approved, safe manner.
Nothing in this chapter shall be construed to prohibit the use of fireworks by transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations.
The Borough of Westmont by and through the West Hills Regional Police Department shall seize, take, remove or cause to be removed, at the expense of the owner, all stock of fireworks that are exposed for marketing, distribution and/or sale or are stored or held in violation of this chapter.
Any person or persons, individuals, entities, partnerships, associations or corporations who violate any of the provisions of this chapter shall, upon conviction thereof under summary proceedings instituted before the District Justice having jurisdiction of the Borough of Westmont, be sentenced to pay a fine not exceeding $600 plus costs of prosecution for each offense; and should a default occur in the payment of such fine and costs assessed, any person or persons, individuals, entities, partnerships, associations or corporations convicted of violating this chapter shall be imprisoned in the county jail for a period not exceeding 30 days.