Township of Upper Chichester, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Chichester 6-14-2007 by Ord. No. 636. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 34.
Fire Marshal — See Ch. 60, Art. II..
Fire prevention and protection — See Ch. 307.
Parks and recreation — See Ch. 405.
Zoning — See Ch. 600.
As used in this chapter, the following terms shall have the meanings indicated:
CONSUMER FIREWORKS
Any combustible or explosive composition or any substance or combination of substances, intended to produce visible and/or audible effects by combustion and which is suitable for use by the public that complies with the construction, performance, composition, and labeling requirements promulgated by the Consumer Products Safety Commission in 16 Code of Federal Regulations (CFR) or any successor regulation and which complies with the provisions for "consumer fireworks" as defined in the American Pyrotechnics Association (APA) Standard 87-1, or any successor standard thereto.
DISPLAY FIREWORKS
As defined in 27 CFR § 555.11.
NONCONSUMER FIREWORKS
"Ground and hand-held sparkling devices," "novelties," and "toy caps" as those items are defined in APA Standard 87-1.
The sale, display or discharge of consumer fireworks shall comply with Act 204 as enacted by the Pennsylvania General Assembly and as codified at 35 P.S. § 1271 et seq.
A. 
The sale, display or discharge of nonconsumer fireworks shall be permitted in Upper Chichester Township subject to the issuance of the appropriate permit.
B. 
Said permit shall be subject to any reasonable rules and regulations as promulgated by the Fire Marshal of Upper Chichester Township.
C. 
All applicants shall pay to Upper Chichester Township a fee established by resolution of the Board of Commissioners from time to time before the issuance of a permit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Any permit issued for the sale, display of discharge of nonconsumer fireworks shall be good for only the date(s) set forth in said application.
E. 
No permit granted above shall be transferable.
A. 
The sale, display or discharge of display fireworks shall be permitted in Upper Chichester Township subject to the issuance of a permit.
B. 
Said permit shall be subject to any reasonable rules and regulations as promulgated by the Fire Marshal of Upper Chichester Township.
C. 
All applicants shall pay to Upper Chichester Township a fee established by resolution of the Board of Commissioners from time to time before the issuance of a permit, along with proof of a bond as set forth below.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Any permit issued for the sale, display or discharge of display fireworks shall be good for only the date(s) set forth in said application.
E. 
No permit granted above shall be transferable.
F. 
Any permittee or licensee must obtain a bond in the amount of no less than $1,000,000 for the payment of damages caused to any person or persons, or to any property, by reason of the sale, display or discharge of any display fireworks arising from any acts of the permittee, licensee, or its agents, employees, or subcontractors. The bond shall be filed with Upper Chichester Township before any permit is issued.
A permittee, or licensee, its agents, employees or subcontractors who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, together with the costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for a term not to exceed 30 days. Every day that a violation of this chapter continues shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).