[HISTORY: Adopted by the Board of Supervisors of the Township
of Towamencin 8-20-1987 by Ord. No. 87-11. Amendments noted where
applicable.]
GENERAL REFERENCES
Firearms — See Ch. 79.
As used in this chapter, the following words and terms shall
have the meanings set forth herein:
Any combustible or explosive composition, or any substance
or combination of substances or any article prepared for the purpose
of producing a visible or audible effect by combustion, explosion
or detonation, and shall include but not be limited to firecrackers,
torpedoes, skyrockets, Roman candles, aerial fireworks or other fireworks
of like construction, and any fireworks containing any explosive or
flammable compound or other device containing an explosive substance,
but shall not include sparklers or caps containing 0.25 grain or less
of explosive compound enclosed in paper or "toy cannons" using a mixture
of less than 0.1 ounce of calcium carbide and water.
Any natural person or persons, firm or corporation.
Pursuant to the authority granted under the provisions of 35
P.S. § 1272 and the provisions of the Second Class Township
Code to prevent nuisances and the danger of fire and injuries to persons
and property,[1] no person shall discharge, explode or fire any fireworks
within or over any property within the Township of Towamencin, except
as provided herein.
[1]
Editor's Note: See 53 P.S. § 66534.
The discharge or display of fireworks shall be permitted only
in conjunction with a permit granted by the Chief of Police of Towamencin
Township after an application on forms provided by the Township providing
the following:
A.
The application for the discharge of fireworks shall be made not
less than 15 days prior to the date proposed for the discharge or
display.
B.
The application shall specify the location of the discharge or display
and, in the event that the applicant is not the owner of the property,
shall include a statement of consent for such discharge or display
by the owner of the property.
C.
The application shall set forth the name and address of the operator
who will conduct the discharge or display, including written evidence
of competence to conduct the discharge or display.
D.
The application shall state the number and sizes of fireworks to
be discharged.
E.
The applicant shall submit with the application evidence of insurance
covering both personal injury and property damage in an amount of
not less than $1,000,000 and shall submit a bond in an amount of not
less than $500 conditioned for the payment of all damages which may
be caused, whether directly or indirectly, to persons or property
arising out of the discharge or display.
F.
The applicant shall agree that all explosions of the fireworks to
be discharged shall be confined to the premises or the air space immediately
above it.
The Chief of Police, in conjunction with the Chief of the Fire
Department, shall inspect the location of the proposed discharge or
display to determine whether such location and proposed type of discharge
and display would be hazardous to persons and property and that the
operator is competent to carry out such discharge and display. After
the inspection and determination, the Chief of Police shall issue
the permit for the display, subject to the condition that the applicant
shall notify all surrounding property owners within 300 feet of the
property lines of the premises where the discharge is to occur not
less than five days prior to the date of the proposed discharge by
regular mail.
Any person who shall violate the provisions of this chapter
shall be liable to conviction for a summary offense and, upon such
conviction, shall pay a fine of not less than $300.
