The North Strabane Board of Supervisors.
North Strabane Township's designated Code Enforcement Officer,
or in his absence or unavailability, the Assistant Code Enforcement
Officer.
The duly authorized Fire Chief for the North Strabane Township
Volunteer Fire Department, or in his absence or unavailability, the
Assistant Fire Chief.
Any combustible or explosive composition or any substance or
combination of substances, or, except as hereinafter provided, any
article prepared for the purpose of producing a visible or an audible
effect by combustion, explosion, deflagration or detonation, and shall
include blank cartridges and toy cannons in which explosives are used,
the type of balloons, not to include hot air balloons, which require
fire underneath to propel the same, firecrackers, torpedoes, skyrockets,
roman candles, aerial fireworks, or other fireworks of like construction,
and any fireworks containing any explosive or flammable compound or
any tablets or other device containing an explosive substance.
The term "fireworks" shall not include sparklers, toy pistols,
toy canes, toy guns, or other devices in which paper caps containing
0.25 grains or less of explosive compound are used, providing they
are so constructed that the hand cannot come in contact with the cap
when in place for the explosion, and toy pistol paper caps which contain
less than 0.20 grains of explosive mixture, the sale and use of which
shall be permitted at all times, nor shall the term "fireworks" include
toy cannons, which operate on the principle of mixing calcium carbide,
weighing less than 1/10th of an ounce, and water in the reservoir
of the cannon and in which ignition results upon the creation of a
spark.
North Strabane Township sometimes designate as the "Township."
[Ord. 300, 4/28/2004, § 2]
Except as hereinafter provided, it shall be unlawful for any
person, co-partnership, association or corporation to offer for sale,
expose for sale, sell at retail, or use or explode any fireworks.
[Ord. 300, 4/28/2004, § 3]
The Board of Supervisors shall have the power, under reasonable
rules and regulations adopted by it, to 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
and licensed operator to be approved by the Township Code Enforcement
Officer and shall be of such a character and so located, discharged
or fired as in the opinion of the Township Code Enforcement Officer
and/or the Chief of the fire department and/or such other officer
as may be designated by the governing body of the municipality, after
proper inspection, shall not be hazardous to property or endanger
any person or persons.
[Ord. 300, 4/28/2004, § 4]
Application for permits shall be made in writing at least 15
days in advance of the date of the display. 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.
[Ord. 300, 4/28/2004, § 5]
The Board of Supervisors of North Strabane Township hereby requires
a bond to be provided by the licensee seeking to conduct a fireworks
display in North Strabane Township in an amount not less than $50,000
which shall be a condition for approval and is condition 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 or her agents, employees or subcontractors.
The Township also requires proof of liability insurance in the amount
of at least $500,000 per claim for the aforesaid purpose, from a reputable
insurance company authorized to conduct business in the Commonwealth
of Pennsylvania.
[Ord. 300, 4/28/2004, § 6]
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 permit was issued may, within 24 hours, apply
to the Township, setting forth under oath the fact that such display
was not made, giving the reason therefore, and requesting a continuance
of such permit for a day designated therein, not later than one week
after the day fixed originally in said permit. Upon receiving such
application for a continuance the Code Enforcement Officer, if he
believes the facts stated therein are true, 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, and such
extension of time shall be granted without the payment of any additional
fee and without requiring any additional insurance and bond other
than the one given for the original permit, the provisions of which
shall extend to and cover all damages which may be caused by reason
of the said display taking place at such extended date in the same
manner and to the same extent as if such display had taken place at
the date originally fixed in the permit.
[Ord. 300, 4/28/2004, § 7]
The Township shall have the power, under reasonable rules and
regulations adopted by the Board of Supervisors, to grant permits
for the use of suitable fireworks for agricultural purposes in connection
with the raising of crops and the protection of crops from bird and
animal damage. Such permits shall be good for the calendar year in
which issued. After such permit has been granted, sales, possession
and use of fireworks of the type and for the purpose mentioned in
the permit shall be lawful for that purpose only.
[Ord. 300, 4/28/2004, § 8]
North Strabane Township hereby recognizes the Commonwealth of
Pennsylvania Fireworks Law, Act of 1939, P.L. 134, No. 65, as amended,
regarding the manufacture, transport, holding, offering or exposing
for sale and the display of combustible materials and items commonly
referred to as fireworks. Where there is any conflict between this
Part and the Commonwealth of Pennsylvania statute, the more strict
provision shall apply.
[Ord. 300, 4/28/2004, § 9]
In addition, the Code Enforcement Officer and/or the Township
Police Department are hereby authorized to file a citation(s) at the
office of the local District Justice against any person or persons
who violate any provision of this Part. Nothing herein contained shall
be deemed to waive or in any way impair the Township's rights or remedies
at law or in equity, including, but not limited to, the seizure of
fireworks or such similar items or devices.
