[HISTORY: Adopted by the Board of Commissioners
of the Township of Tinicum 4-19-1954 by Ord. No. 227. Amendments noted where
applicable.]
GENERAL REFERENCES
Parks and playgrounds — See Ch. 235.
From and after the passage of this chapter,
it shall be unlawful for any person, copartnership, association or
corporation to offer for sale, expose for sale, sell at retail or
use or explode any fireworks, except in conformity with the terms
of this chapter and the statutes in such case made and provided.
The Commissioners of said Township may grant
permits for supervised public displays of fireworks to be held therein
by municipalities, fair associations, amusement parks and other organizations
or groups of individuals.
Every such display shall be handled by a competent
operator to be approved by the Commissioners of the Township of Tinicum,
and shall be of such a character and so located, discharged or fired
as, in the opinion of the Chief of the Fire Department of the Township
of Tinicum or such other officers as the Commissioners may designate
after proper inspection, shall not be hazardous to property or endanger
any person or persons.
Any application for such permit shall be made
in writing at least 15 days in advance of the date of the display
and, after such privilege shall have been granted, sales, possession,
use and distribution of fireworks for such display shall be lawful
for that purpose only. No permit granted hereunder shall be transferable.
Said Commissioners of the Township of Tinicum,
before granting any such permit, shall require proof of insurance
coverage, as well as a bond, which said Board of Commissioners shall
deem adequate, from the licensee or permittee in the sum of not less
than $5,000, conditioned for the payment of all damages which may
be caused either to a person or persons or to property by reason of
the licensed display and arising from any acts of the licensee, his
agents, employees or subcontractors.
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 a 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
in the original permit. If the Commissioners believe the facts stated
in such application are true, they 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.
The fee for allowance of a permit shall be the
sum of $10 and no further fee shall be required should the date for
the said display be continued from the original date in accordance
with the provisions of this chapter.
The liability under the bond required under § 152-5 of this chapter shall apply not only to the date originally set for the display but also the continued date on which the display shall be held.
Any person violating any of the provisions of
this chapter shall be subject to a fine of not more than $1,000, plus
costs of prosecution, for any single violation of said chapter, and
upon judgment against such person by summary conviction or by proceedings
by summons, in default of payment of such fine and costs, to imprisonment
in the county jail for a period not exceeding 30 days.
