[HISTORY: Adopted by the Board of Supervisors of the Township of Easttown 5-17-1954 by Ord. No. 15; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CONSUMER FIREWORKS
- Includes any combustible or explosive composition or any substance intended to produce visual 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 such devices as ground and handheld 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 Township.
- DISPLAY FIREWORKS
- Defined as provided in 27 CFR 555.11 (relating to meanings of terms).
- As used herein, refers to any Township, county and/or related authority.
- As used herein, refers to any natural person, any partnership, any corporation and/or association.
- The Township of Easttown, Chester County, Pennsylvania.
Any person seeking to display consumer or display fireworks within the territorial limits of Easttown Township must acquire a permit from the Board and complete an application as provided by the Township.
No person shall display consumer or display fireworks within the limits of the Township without first obtaining a permit.
No permit shall be issued to any person under the age of 18 years.
The display of consumer and/or display fireworks shall be only at the location provided for in the approved permit.
Any person applying for a permit to display fireworks within Easttown Township shall have a minimum of five years' experience in displaying and/or supervising consumer fireworks or display fireworks.
Any person wishing to display fireworks within Easttown Township shall be properly licensed by the state or federal government, if so required.
Prior to issuing a permit, an inspection shall be performed by the volunteer fire company whose jurisdiction covers the area where the display is intended to be held.
Said Fire Chief shall approve said permit if, in the Fire Chief's opinion, the display is not a hazard to property and/or persons.
If the Chief requires certain accommodations or changes to approve the permit, then said permit shall be approved upon the person displaying said fireworks making any and all changes or recommendations as set forth by the Chief.
Any person displaying fireworks shall have on site during the entire length of the display an ambulance staffed by sufficient personnel and fire equipment staffed by sufficient personnel as determined by the Fire Chief.
Any person wishing to display fireworks within Easttown Township shall provide the Township with a liability insurance policy in the aggregate sum of at least $5,000,000 and proof of workers' compensation coverage.
Prior to the issuance of a permit, the Chief of the volunteer fire company and/or his designee shall inspect the area and render an opinion as to whether the display would present a hazard to property and/or persons. The Chief shall promptly notify the Township whether his inspection results in an approval or denial of the permit.
The Chief or his designee may impose reasonable conditions upon the display of fireworks and determine whether those conditions have been implemented prior to issuing a permit.
The fee for the permit shall be determined by resolution of the Board of Supervisors from time to time.
If the person wishing to make the display is a municipality and the municipality displays fireworks on a regular basis at the same location, then that municipality shall pay a one-time permit fee per year for all displays occurring at that one location.
The Township will divide said fee as follows: 50% to the Township and 50% to the fire company that conducted the inspections.
The permit granted hereunder shall not be transferable.
The person wishing to conduct the display shall comply with all federal and state laws.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution, including reasonable attorneys' fees. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.