[HISTORY: Adopted by the Board of Supervisors of the Township
of Mount Pleasant 11-21-2022 by Ord. No. 182.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 191,
Fireworks, adopted 9-24-2008 by Ord. No. 148.
For the purpose of this chapter, the definition of "display
fireworks" shall be as set forth in 27 CFR 555.11 (relating to the
meaning of terms), and any successor amendments to 27 CFR 555.11,
which shall read as follows:
Large fireworks designed primarily to produce visible or
audible effects by combustion, deflagration, or detonation. This term
includes, but is not limited to, salutes containing more than two
grains (130 mg) of explosive materials, aerial shells containing more
than 40 grams of pyrotechnic compositions, and other display pieces
which exceed the limits of explosive materials for classification
as "consumer fireworks." Display fireworks are classified as fireworks
UN0333, UN0334 or UN0335 by the U.S. Department of Transportation
at 49 CFR 172.101. This term also includes fused set pieces containing
components which together exceed 50 mg of salute powder.
A.
In accordance with the Fireworks Law,[1] a permit is required before any use of display fireworks
within the Township of Mount Pleasant corporate limits. Permit application
forms are available through the Office of the Secretary of Mount Pleasant
Township during normal business hours. The application must include
facts sufficient to establish that the display fireworks will not
be ignited within 300 feet of sales locations for consumer fireworks
and that the display fireworks will be handled by a competent operator
at least 21 years of age who demonstrates evidence of fireworks handling
and safety training, all in accordance with Sections 1102 and 1107
of the Fireworks Law. The application must include the approval of
the Chief of the Fire Department or other appropriate official as
may be designated by the Board of Supervisors of Mount Pleasant Township
and that the display fireworks will not be located, discharged or
fired in such a manner as to be hazardous to property or an endangerment
to any person. The application shall be accompanied by a certificate
of insurance in accordance with Subsection 1102(d) of the Law. The
applicant must acknowledge acceptance of the requirements otherwise
established by state and federal law. Permit extensions shall be permitted
in accordance with Subsection 1102(e), provided the extension sought
receives a renewed approval by the designated official that the extended
use would not be hazardous to property or an endangerment to any person.
[1]
Editor's Note: See 3 Pa.C.S.A. § 1101 et seq.
B.
In accordance with Section 1105(a) of the Law,[2] the Board of Supervisors of Mount Pleasant Township may
under this chapter grant permits for the use of display fireworks
for agricultural purposes in connection with the raising of crops
and the protection of crops from bird and animal damage. The application
for such a permit must meet the requirements of this section. A permit
under Section 1105 shall remain in effect for the calendar year in
which it was issued. Sales, possession and use of display fireworks
for the purpose stated in the permit shall be lawful for that purpose
only.
[2]
Editor's Note: See 3 Pa.C.S.A. § 1105(a).
C.
Every such display within the limits of said Township shall be handled
by a competent operator, and which display shall be of such character
and so located, discharged or fired as, in the opinion of the Board
of Supervisors or their duly authorized representative, after proper
inspection, shall not be hazardous to property or endanger any person
or persons. Further, each said display shall comply with the 2003
International Fire Code § 3308 et seq.
D.
Application for permits shall be made in writing to the Township Secretary at least 30 days in advance of the date of display, setting forth the proposed location of the display, the character thereof, name and address of the operator, and the name and address of the owner or owners of the grounds on which the display is to be held, with the consent of such owner or owners thereto in writing attached. All applicants shall submit to the Township of Mount Pleasant a permit fee, which shall be established from time to time by resolution of the Board of Supervisors of the Township of Mount Pleasant. In addition to said fee, a permit shall not be issued until proof of liability insurance, required by Subsection E, is presented to the Township of Mount Pleasant. In addition, a fee shall be paid pursuant to a resolution establishing the fee schedule for this chapter.
E.
The Board of Supervisors of the Township of Mount Pleasant shall
require liability insurance. A certificate of insurance shall be filed
with the Township Secretary before a permit may be issued. Said certificate
of insurance shall be in an amount of $1,000,000 or greater, which
shall insure the payment of damages caused to any person or persons,
and to any property of any person or persons by reason of the license
display, and arising from any acts of the licensee, its agents, employees
or subcontractors. The certificate of insurance shall name the Township
of Mount Pleasant as an additional insured.
F.
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 72 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 originally in said permit.
Upon receiving such application for a continuance, the Township, if
it 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 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 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.
