[HISTORY: Adopted by the Board of Supervisors of the Township
of Thornbury 11-19-2013 by Ord. No. 2013-2. Amendments noted where
applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 89.
The rules and regulations established in this chapter are designed
to supplement the Commonwealth of Pennsylvania's Fireworks Act,
codified at 35 P.S. §§ 1271 to 1278, and to regulate
the use of fireworks for commercial purposes in Thornbury Township.
For the purposes of this chapter, the following definitions
shall apply:
Includes all fireworks supervised or sponsored by any business,
commercial enterprise, any nonprofit organization, club, etc., whether
or not a fee is charged by the sponsor.
A natural person who or business entity which is currently
registered with the Attorney General of the Commonwealth of Pennsylvania
pursuant to 35 P.S. § 1276.2.
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 CFR (relating to commercial practices) 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.
The term does not include devices as "ground and hand-held sparkling
devices," "novelties" and "toy caps" in APA Standard 87-1, the sale,
possession and use of which shall be permitted at all times throughout
this Commonwealth.
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 2 grains
(130mg) of explosive material, aerial shells containing more than
80 grams of pyrotechnic compositions, and other display pieces, which
exceed the limits of explosive materials for classification as "consumer
fireworks." This term also includes fused set pieces containing components,
which together exceed 50mg of salute powder.
Any composition or device designed to produce a visible or
audible effect by combustion, deflagration, or detonation, and which
meets the definition of "consumer fireworks" or "display fireworks."
The statute enacted by the Pennsylvania General Assembly
to regulate fireworks which is codified at 35 P.S. §§ 1271
to 1278, as amended.
A person who has received a permit from the Township pursuant
to this chapter to discharge fireworks in the Township.
Any natural person, corporation, partnership, joint venture,
sole proprietorship, firm, association and any other entity of whatever
type.
Those attorneys' fees incurred by the Township in bringing
an action to enforce this chapter which shall be at that hourly rate
annually approved by the Board of Supervisors for the Township Solicitor.
The business or individual that arranges for a fireworks
display, and the owner of the property on which the display will take
place if those two persons/entities are not identical.
Except as provided in § 81-4 hereof, it shall be unlawful and a violation of this chapter for any person to conduct or permit, or associated with for a commercial purpose, a display of fireworks in Thornbury Township. Any person who violates this chapter shall be subject to the penalty provisions of § 81-9.
A.
A permit shall be required for displays of consumer fireworks and
displays of display fireworks.
B.
Applications for permits shall be made on forms supplied by the Township
and shall be accompanied by a filing fee as established annually by
the Board of Supervisors by resolution.
C.
Applications must be received at least 21 days prior to the date
for the proposed fireworks display.
A.
A permit will be granted to an applicant, provided that the permit
application meets the following requirements:
(1)
The application is complete and the applicable fees have been paid;
(2)
If the fireworks to be used are display fireworks, the permittee
is registered with the Commonwealth Attorney General as required by
35 P.S. § 1276.2;
[Amended 12-16-2014 by Ord. No. 2014-3]
(4)
Any use of display fireworks, will be supervised by an approved competent
operator; and
[Amended 12-16-2014 by Ord. No. 2014-3]
(5)
Proper precautions have been or will be taken to assure that the
public display shall not be hazardous to or endanger any person or
property. Evidence showing that the display will be conducted in accordance
with NFPA 1123 shall be sufficient to meet this standard.
(6)
The sponsor of the public fireworks display shall be responsible
for, and shall be available to, clean up, retrieve or otherwise secure
any trash, spent shells, or other residual materials resulting from
the display of the fireworks, whether said materials are located on
the sponsor's property or property of adjoining residents, with
permission from such property owners. For purposes of fire protection
on and off the sponsor's property, the sponsor shall have a fire
truck standing by on site during all fireworks displays.
B.
A permit granted pursuant to this section shall not be transferable
nor shall it be extended beyond the date set forth in the permit except
for weather delays in accordance with 35 P.S. § 1274.
The sponsor shall furnish to the Township, annually, but in
no event less than 14 days prior to a display, a certificate of insurance
to cover potential damage caused either to persons or property on
or off the sponsor's property due to the display, which shall
be in the amount of $2,000,000, issued by a Best's A-rated or
higher insurance company and listing the Township as an additional
insured. Additionally, no later than the date upon which the above-described
certificate of insurance is furnished by the sponsor to the Township,
the sponsor shall execute an indemnification form prepared by the
Township Solicitor in which the sponsor agrees to indemnify the Township
from any damages, judgments, claims, causes of action, demands, suits
and the like brought against or sought from the Township by any person
as a result of the sponsor's fireworks display.
Any person affected by a decision of the Township Fire Marshal,
or other official designated by the Board of Supervisors to grant
or deny a permit pursuant to this chapter, shall have the right to
appeal to the Township Manager provided that a written application
for appeal is filed within seven days after the day the decision,
notice or permit was issued. An application for appeal shall be based
on a claim that the provisions of this chapter or state law have been
incorrectly interpreted, the provisions of this chapter do not fully
apply or the requirements of this chapter are adequately satisfied
by other means.
Unfired fireworks and trash remaining after the display is concluded
shall be immediately collected and disposed of in an approved, safe
manner.
Any person violating or permitting the violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$1,000 nor less than $300, together with court costs and reasonable
attorneys fees. Each section or provision of this chapter that is
violated shall constitute a separate violation, and each day of violation
shall constitute a separate violation.
The Township Fire Marshal, and/or the Township police, and the
Pennsylvania State Police are authorized to enforce this chapter and
have authority to seize, take, remove or cause to be removed, at the
expense of the owner, all fireworks held in violation of this chapter
or the Fireworks Act.
