[HISTORY: Adopted by the Board of Supervisors of the Township
of East Allen 10-27-2011 by Ord. No. 2011-07. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes 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 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 grain 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 grain 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 0.1 of an ounce, and water in the reservoir of
the cannon and in which ignition results upon the creation of a spark.
It shall be unlawful for any person, persons, firms or corporations,
amusement parks, fair associations or other organizations or groups
of individuals to have or to hold public displays of fireworks within
the limits of the Township of East Allen unless a permit therefor
is first granted by the Township Code Enforcement Officer as hereinafter
provided.
Every such display within the limits of said Township shall
be handled by a state-licensed operator, and such display shall be
of such character and so located, discharged or fired as, in the opinion
of the Board of Supervisors, or its duly authorized representative,
after proper inspection, shall not be hazardous to property or endanger
any person or persons.
Application for a permit shall be made in writing to the Township
Code Enforcement Officer at least 30 days in advance of the date of
display, setting forth the proposed location of the display, the character
thereof, the 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. An application fee set by the Board of Supervisors by resolution
shall be paid at the time of application for said permit, along with
the proof of liability insurance.
If and after such permit shall have been granted by Township
Code Enforcement Officer or his/her designee, possession, sale, use
and distribution of fireworks for such display shall be lawful for
that purpose only. No permit granted hereunder shall be transferable.
The Board of Supervisors of the Township of East Allen shall
require a bond, deemed adequate by it, given by the permittee or licensee
in an amount deemed appropriate by the governing body, but it will
not be in a sum less than $1,000,000, conditioned for the payment
of all damages caused to any person or persons, and to any property,
by reason of the licensed display and arising from any acts of the
licensee, his or its agents, employees, or subcontractors, which bond
shall be filed with the Township Code Enforcement Officer before any
permit for a supervised public display of fireworks is delivered.
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 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 said authority,
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.
Any person, copartnership, association or corporation violating
the provisions of this chapter shall be guilty of a summary offense
and, upon conviction thereof, shall be punished to pay a fine of not
less than $100 and not more than $1,000 or, in the case of individuals,
the members of a partnership or corporation, by imprisonment not exceeding
90 days, or by both such fine and imprisonment.
