[Ord. 2-2007, 9/19/2007, § 1]
Includes:
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 or any successor regulation and which complies
with the provisions for "consumer fireworks" as defined in the American
Pyrotechnics Association standards.
The term does not include devices as "ground and hand-held sparkling
devices," "novelties" and "toy caps" as defined in American Pyrotechnics
Association standards, the sale, possession and use of which shall
be permitted in accordance with the laws of the Commonwealth of Pennsylvania.
The term "display fireworks" shall be defined as provided pursuant
to the laws of the Commonwealth of Pennsylvania.
[Ord. 2-2007, 9/19/2007, § 2]
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 consumer fireworks
and display fireworks within the limits of the Township of Thornbury
unless a permit is first granted by the Board of Supervisors of said
Township.
[Ord. 2-2007, 9/19/2007, § 3]
Every such display within the limits of the Township of Thornbury
shall be handled by a competent properly licensed operator. The display
shall be of such character and so located, discharged or fired, only
upon proper inspection and approval by the fire marshal or other designated
individual. No permit shall be issued which is hazardous to property
or dangerous to any person or persons.
[Ord. 2-2007, 9/19/2007, § 4]
Application for permits shall be in writing to the Township
Secretary at least 15 days in advance of the date of display, setting
forth the proposed location of the display, the character thereof,
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 of owners in writing attached. All
applicants, except governmental authorities, shall pay the Township
Treasurer the sum of $25 before issuance of a permit and provide proof
of the required bond.
[Ord. 2-2007, 9/19/2007, § 5]
The Board of Supervisors, under reasonable rules and regulations,
may grant permits for the use of suitable fireworks for agricultural
purposes in connection with the raising of crops and the protection
of crops from bird and animal damage. Such permits shall be good for
the calendar year issued. After such permit has been granted, sales,
possession and use of fireworks of the type and for the purpose mentioned
in the permit shall be lawful for that purpose only.
[Ord. 2-2007, 9/19/2007, § 6]
If and after a permit has been granted by the Township Board
of Supervisors, or designee, possession, sale, use and distribution
of consumer fireworks and display fireworks for such display shall
be lawful for that purpose only. No permit granted shall be transferable.
The Board of Supervisors may adopt reasonable rules and regulations
by resolution governing the possession, use and display of fireworks
in the Township of Thornbury.
[Ord. 2-2007, 9/19/2007, § 7]
The Board of Supervisors of the Township of Thornbury shall
require the permittee or licensee to obtain a bond or insurance policy
in an amount no less than $1,000,000 for the payment of 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, or licensee's
agents, employees or subcontractors. Permittee shall also provide
a certificate evidencing proper workers' compensation coverage
for employees. The bond or insurance certificate shall be filed with
the Township Secretary before any permit for a supervised public display
is issued.
[Ord. 2-2007, 9/19/2007, § 8]
If by reason of unfavorable weather the display for which a
permit has been granted does not take place at the time authorized,
the person to whom such permit was issued may apply to the Township
within 24 hours, setting forth under oath the fact that such display
was not made, the reason, and request for a continuance of such permit
for a specifically designated day, no later than one week after the
day fixed originally in said permit. Upon receiving such application
for a continuance, the Township, if it believes the facts stated therein
are true, shall extend the provisions of the permit to the day fixed
in the application, no later than one week after the original day
designated in the permit. 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 the original bond 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 on the date originally fixed in the permit.
[Ord. 2-2007, 9/19/2007, § 9]
Any person, copartnership, association or corporation violating
the provisions of this article shall be guilty of a summary offense,
and upon conviction thereof, shall be punished by a fine not exceeding
$1,000 or, in the case of individuals, the members of a partnership
or corporation, by imprisonment not exceeding 30 days or by both such
fine and imprisonment.
