Borough of Lititz, PA Chapter 60 Fireworks

[HISTORY: Adopted by the Council of the Borough of Lititz 10-28-2014 by Ord. No. C-535, approved 10-28-2014. Amendments noted where applicable.]

GENERAL REFERENCES

Fire prevention — See Ch. 59.

§ 60-1 Permit required; applicability; compliance with regulations.

A. It shall be unlawful for any person, persons, firms or corporations, amusement parks, fair associations, or any other organizations or groups of individuals to have or to hold displays of consumer fireworks and/or display fireworks, as those terms are defined in the Act of May 15, 1939, P.L. 134, as amended by 35 P.S. § 271, and again amended the statute with Act 204 of 2004, 35 P.S. § 275.2 et seq., within the limits of the Borough of Lititz unless a permit therefor is first granted by the Borough as hereinafter provided.

B. This permit requirement applies to any fireworks display occurring totally or partially in the Borough limits by either a public or private entity.

C. Any such fireworks display must conform to NFPA (National Fire Protection Association) 1123 Code for Fireworks Display (current edition).

§ 60-2 Application for permit.

A. Any person, persons, firms or corporations, amusement parks, fair associations, or any other organizations or groups of individuals desiring to explode any fireworks, as defined in the above-stated Act, in a public display must complete an application for a fireworks display permit and submit the completed application to the Borough at least 90 days in advance of the proposed display.

B. Applications for a fireworks display permit will be available at the Borough Office during normal business hours and must be completed and signed by the applicant or an officer or authorized agent of the applicant.

C. The permit application will contain, at a minimum, the following:

(1) Name, address, telephone number and fax number (if applicable) of the applicant, and, if the applicant is an organization, the name, address, telephone number and fax number (if applicable) of the contact person for the organization;

(2) Name of the individual or organization that will be responsible for providing the fireworks and detonation;

(3) Proposed site and date and time of the fireworks display;

(4) Number and kinds of fireworks to be discharged, including, but not limited to, shell size and expectant NFPA fall-out zones;

(5) The manner and place of storage of such fireworks prior to display; and

(6) Site plan explaining all structures, structures occupied, overhead transmission lines, streets, parking areas, and areas where spectators for the display will be gathered. The site plan shall include information on the launch site and assembly viewing sites. The site plan shall also contain a symbol defining North and a sketch of the general area where the fireworks will be set off and the area they will be directed.

§ 60-3 Review and approval by Borough representative; required notifications.

A. A site inspection of the proposed site for the fireworks display shall be conducted by a designated representative of the Borough ("Borough representative").

B. The Borough representative shall determine whether or not the display is a fire hazard to any and all structures in the immediate area of the display.

C. The Borough representative shall designate the area where the display will originate from and allow fireworks to be detonated from that area only and shall notify the applicant and the Borough prior to the display as to whether the presence of firefighters and firefighting equipment will be required at the display.

D. The approval of the application by the Borough representative will be required prior to the issuance of a fireworks display permit by the Borough.

E. The permit holder shall submit a sketch of the launch site/layout to the Fire Chief at least 14 days prior to the event.

F. Any and all holders of fireworks display permits will be required to notify the Fire Department at least 48 hours in advance of the display and further notify the Lancaster County Communications Center (911) at least two hours in advance of the display, notifying them when and where fireworks will be displayed. Permit holders will be required to notify the Lancaster County Communications Center (911) at the conclusion of the display as well.

G. The Fire Department will not allow fireworks displays if there is a ban on open burning and/or a declared drought emergency in effect at the time of the notification telephone calls.

§ 60-4 Insurance and liability.

A. Applicants shall, at the time of the application, provide a certificate of insurance to the Borough with a minimum limit of insurance of $1,000,000 and naming the Borough as an additional insured.

B. Applicants/permittees shall agree to hold harmless and indemnify the Borough, its officers, agents and/or employees from any and all liability arising from or related to the display for which the permit is issued. This language shall appear on the permit as issued.

C. The applicant/permittee shall post a bond in the amount of at least $2,500 for possible damages arising from the proposed display.

§ 60-5 Permit issuance; fee; transferability.

A. The Borough Secretary, or his or her designee, will issue fireworks display permits after approvals by the Borough representative have been certified on the application. Permits issued will be valid for one calendar year beginning on January 1 of each year and concluding on December 31 of each year.

B. The cost of the permit will be $250 for each display held by the permittee, payable to the Borough prior to the issuance of the permit.

C. Permits are not transferable.

§ 60-6 Violations and penalties.

Any person, association, corporation or other entity violating this chapter shall be guilty of a summary offense and, upon conviction thereof, shall be subject to a fine in an amount not less than $500 and not exceeding $1,000.