[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Gwynedd 10-25-1976 by Ord. No. 76-12.
Amendments noted where applicable.)
[1]
Editor's Note: The title of this chapter was amended from
"Fireworks" to "Special Events" 7-27-2015 by Ord. No. 2015-06.
[Amended 7-27-2015 by Ord. No. 2015-6]
The purpose of this chapter is to provide for the issuance of
permits for all parades, fireworks displays and events in order to
protect the public health and safety and to require the removal of
all advertising signs, posters, handbills and directional signs pertaining
to said event.
As used in this chapter, the following terms
shall have the meanings indicated:
Any activity, sale, show or athletic competition which is
advertised publicly by at least one of the following methods: newspapers,
radio, television, billboard display, handbills, posters or signs,
including directional signs, except the following:
Money-raising events of the Upper Gwynedd Fire
Company where few signs or posters are used.
[Amended 4-22-1985 by Ord. No. 85-6]
Money-raising events of churches where the only
signs are located on the church property.
Sales by commercial establishments where no
signs or directional signs are placed off the premises.
Regular and special religious services at places
of worship and all regular activities of such religious organizations.
The regular and usual meetings and events of
schools, municipal government, athletic and other clubs, fire company
(including auxiliary), Boy Scouts and Girl Scouts and similar organizations.
Any show, exhibition or discharge of fireworks.
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 unmanned 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 grains 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 grains 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 1/10 of an ounce, and
water in the reservoir of the cannon and in which ignition results
upon the creation of a spark.
Any show, march or exhibition to be conducted on any public
highway.
[Amended 4-22-1985 by Ord. No. 85-6; 7-27-2015 by Ord. No. 2015-6]
A.
Permit required. No person shall conduct any parade, fireworks display
or event within the Township of Upper Gwynedd without first obtaining
a permit for said event. For fireworks displays, a permit shall be
obtained from the Upper Gwynedd Fire Marshal. For parades or other
events except fireworks displays, a permit shall be obtained from
the Upper Gwynedd Chief of Police.
B.
Application.
(1)
Any person desiring a permit for any parade or event other than a
fireworks display shall apply, in writing, to the Upper Gwynedd Chief
of Police at least 15 days prior to the date set for the aforesaid
event. Any person desiring a permit for a fireworks display shall
apply, in writing, to the Upper Gwynedd Fire Marshal at least 15 days
prior to the date set for the aforesaid event.
(2)
The application shall set forth the following information, which
shall be under oath:
(a)
Name or names of the applicant to be registered.
(b)
Date, time and place of the applied-for event.
(c)
Name of the owner of the property on which the event will take
place and approval of the owner.
(d)
Designation of rain date, if any.
(e)
In the case of an application for fireworks display, the following
additional information:
[1]
Name and address of the licensed operator in Pennsylvania.
[2]
Evidence that the applicant has posted bond or insurance conditioned
upon the payment of all damages which may be caused either to property
or to a person or persons by the acts of the applicant, his agents,
employees, contractors or subcontractors. Said bond or insurance shall
be in the amount of $500,000 for personal injury to any one person,
$1,000,000 for any one accident and $1,000,000 for property damage.
A certificate shall be included naming Upper Gwynedd Township as an
additional insured. Also included shall be a workers' compensation
insurance form.
[3]
Documentation that the display will meet the requirements of
the 2009 International Fire Code, as amended, and NFPA 1123.
[4]
All display information, including type and size of shells,
method of racking mortars, etc.
[5]
A diagram of the proposed display area showing the location
of racks and distances to all pertinent areas, buildings, obstructions,
etc.
[6]
A copy of a current ATF license to handle explosives.
[7]
A certificate of registration for the Commonwealth of Pennsylvania.
(f)
In the case of a parade, the proposed parade route.
C.
Review of application; permit issuance. The Upper Gwynedd Chief of
Police or his designee (in the case of parades or other events except
fireworks displays) or the Upper Gwynedd Fire Marshal or his designee
(in the case of fireworks displays) shall:
(1)
Receive and review the permit applications.
(2)
Issue a permit for the event if the application shows compliance
with this chapter, with conditions deemed necessary or desirable to
preserve and protect public safety and public and private property.
(3)
Keep records in chronological order of each event permitted.
D.
Cost. Any cost to the Township caused by the permitted event shall
be paid by the applicant upon receipt of the invoice from the Township.
The estimate of expenses to the Township shall be deposited at the
time of application.
No registration issued by the Township shall
be transferred to any other person, corporation, organization or others.
The person so registered shall promptly exhibit
the registration upon request of the Fire Chief or fire officer in
charge and to any peace officers.
A.
If the person registered proposes the posting of signs,
posters, handbills, advertisements, etc., to advertise the parade,
fireworks display or event, said person registered shall post with
the Township cash or other surety in the sum of $100, which sum will
be returned when the Township, through its designated employees, shall
be satisfied that all signs, posters, handbills and advertisements
have been removed from the Township.
B.
No such signs, etc., as aforesaid, shall be posted
more than two weeks prior to the advertised event and in no event
shall same be placed on private property without the consent of the
owner.
C.
No signs, posters, handbills and advertisements shall
be placed on any property, including utility poles and traffic control
signs, without written permission of the owner.
[Amended 4-22-1985 by Ord. No. 85-6]
A.
Any person or persons, firm or corporation who shall
violate any of the provisions of this chapter, upon conviction thereof,
shall be liable to pay a fine or penalty not to exceed $1,000 plus
costs of prosecution for each and every offense. All fines and penalties
imposed by this chapter are recoverable by summary proceedings before
the Magisterial District Judge, and all suits or actions at law instituted
for the recovery thereof are to be in the name and for the use of
Upper Gwynedd Township, against which the offenses are committed.
In default of payment of any fine or penalty imposed by any Magisterial
District Judge under the provisions of this chapter, the person or
persons so offending may be committed to the Montgomery County Prison
for a period not exceeding 30 days.
[Amended 11-23-1992 by Ord. No. 92-15[1]]
B.
Each day a violation is committed shall constitute
a separate offense and shall be punishable as such hereunder.
C.
This section shall not preclude the Township from
any other remedy it may have at law or equity.
