[HISTORY: Adopted by the Borough Council of the Borough of Tyrone 5-1-2000 by Ord. No. 1169. Amendments noted where applicable.]
No person, amusement park, municipality, fair association, corporation, partnership, or other organization or group of individuals shall conduct or attempt to conduct any public display of fireworks within the boundaries of the Borough of Tyrone or within such distance of a boundary of the Borough of Tyrone such that such display may affect the health, safety, welfare, or property of person or entities in the Borough of Tyrone, unless the person, amusement park, municipality, fair association, corporation, partnership, or other organization or group of individuals first applies and secures approval from the Borough of Tyrone for a permit authorizing such display.
As used in this chapter, the following terms shall have the meanings indicated:
- Defined as the term is defined in 35 Pa.C.S.A. § 1271, the Act of May 15, 1939, P.L. 134, § 1, as amended June 24, 1959, P.L. 486, § 1; November 9, 1973, P.L. 335, 112, § 1, as amended from time to time.
Applications for permitting approval for such a display must be made, in writing, at the Borough offices at least 30 days in advance of the display date and shall indicate the name, address, and telephone number of the person or entity applying for the permit along with the other information as set forth below.
The Borough Council shall determine, in its discretion and in accordance with the provisions of this chapter, whether the permit shall be granted.
For the application to be approved and a permit issued, the applicant must furnish satisfactory documentation that the display shall be handled by a competent operator.
To facilitate the decision of the Borough Council as to whether the operator is competent, the applicant shall submit the following in its application:
The name, address, age and telephone number of said proposed operator.
The experience of said operator in the public display of fireworks, including the number of displays conducted by said proposed operator, educational degrees, courses, or other training with respect to the handling and display of fireworks and/or explosives, and any license held by the operator.
Whether the operator has been licensed by any governmental or private unit in the past with respect to the public display of fireworks.
The names and addresses of at least two references for which the proposed operator has conducted a public display of fireworks.
A statement as to whether at any previous public display of fireworks conducted and/or supervised by said operator there occurred any injury to persons and/or property as a result of the public fireworks display.
The application shall also set forth the proposed date, time and length of the display, and the proposed location for said display. Such application shall also include an alternate date, time, place and location in the event such original fireworks display does not take place due to unforeseeable weather or other factors.
The application should be signed by both the applicant and the proposed operator and shall state that all information contained in the application is true to the best of the signer's knowledge, information and belief.
Before approval of any application for a permit, the Borough Council shall inquire of the Chief of Police of the Borough of Tyrone and the Borough Fire Chief as to whether the proposed fireworks display will be hazardous to property, or endanger any person or persons. Thereafter, and in the event that the Borough Council is of the opinion that the proposed operator is competent, and the Borough Council is otherwise satisfied that the issuance of said permit will not endanger the health, safety, welfare of any person or property, then the Borough Council in its discretion may authorize the issuance of said permit.
Said permit, if issued, shall only authorize the applicant to conduct a public display with the proposed operator present to operate said display at the date or alternate date, time and location as set forth in the application.
Pursuant to 35 P.S. § 1274, the Act of May 15, 1939, P.L. 134, § 3.1, added 1941, June 18, P.L. 132, § 1, if by reason of unfavorable weather the display for which a permit has been granted does not take place at the time or alternate time so authorized, the person or other entity to whom such permit was issued may within 24 hours apply to the Borough Council, setting forth under oath 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 Borough Council may extend the provision of said permit to the day fixed in said application, 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.
Pursuant to 35 P.S. § 1273, the Act of May 15, 1939, P.L. 134, § 3, the Borough of Tyrone, before a permit is issued, shall require a bond in an amount of not less than $1,000,000 for the payment of any and all liability, claims, causes of action, damages, costs, demands whatsoever, in law or equity to any person or persons or to property by reason of the permitted display, or arising from or in any way connected with said display or any acts of the permitee, permitee's agents, employees or subcontractors. The applicant's liability for any damages arising by reason of the permitted display shall not be limited to the amount of the bond.
A permit issued pursuant to this chapter shall set forth the name of the applicant, the name of the proposed operator, the date, time and location of said display, and a clause whereby in consideration of the granting of the permit, the applicant agrees to defend and indemnify and save harmless the Borough of Tyrone and all its officers, agents and employees from any and all liability, claims, causes of action, damages, costs, demands whatsoever, in law or equity, against the Borough of Tyrone and all its officers, agents and employees, as a result or in any way connected with the public fireworks display.
Enforcement. Any police officer and/or other person authorized by the Borough Council may enforce the provisions of this chapter.
Penalty. Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $500 and not more than $1,000 plus the cost of prosecution, and/or be sentenced to imprisonment for a term not to exceed 90 days. Every day that a violation of this chapter continues shall constitute a separate and distinct offense which shall be subject to the aforesaid penalties.