[Ord. 5-10-1934, 5/10/1934; as amended by Ord. 1988-1, 8/1/1988]
1. Scope. The manufacture of fireworks is prohibited within the Borough
of Watsontown. The display or discharge of fireworks shall comply
with the requirements of this Part 2.
2. Permit Required. A permit shall be obtained from the Mayor for the
display or discharge of fireworks.
3. Permit Applications. Application for permits shall be made in writing
at least 15 days in advance of the date of the display or discharge
of fireworks. The possession, use and distribution of fireworks for
such display shall be lawful under the terms and conditions approved
with the permit and for that purpose only. A permit granted hereunder
shall not be transferable, nor shall any such permit be extended beyond
the dates set out therein.
4. Definition. As used in this Part 2, the following terms shall have
the meanings indicated:
FIREWORKS
Shall mean and include any combustible or explosive composition,
or any substance or combination of substances, or article prepared
for the purpose of producing a visible or an audible effect by combustion,
explosion, deflagration or detonation, and shall include blank cartridges,
toy pistols, toy cannons, toy canes or toy guns in which explosives
are used, the type of balloons which require fire underneath to propel
the same, firecrackers, torpedoes, skyrockets, Roman candles, dago
bombs, sparklers or other devices of like construction and any device
containing any explosive substance, except that the term "fireworks"
shall not include auto flares, paper caps containing not in excess
of an average of 0.25 grain (16.2 mg) of explosive content per cap,
and toy pistols, toy canes, toy guns or other devices for use of such
caps, the sale and use of which shall be permitted at all times.
[Ord. 5-10-1934, 5/10/1934; as amended by Ord. 1988-1, 8/1/1988]
1. General.
A. It shall be a violation of this Part 2 for any person to store, or
use or explode any fireworks, except as provided in the rules and
regulations issued by the Fire Official for the granting of permits
for supervised public displays of fireworks by the Borough of Watsontown,
fair associations, amusement parks and other organizations.
B. Every such display shall be handled by a competent operator approved
by the Mayor. The fireworks shall be arranged, located, discharged
or fired in a manner that, in the opinion of the Mayor, will not be
a hazard to property or endanger any person.
2. Bond for Display. The permittee shall furnish a bond or a certificate
of issuance in an amount deemed adequate by the Mayor but not less
than $500, conditioned for the payment of all damages which may be
caused either to a person or persons or to property by reason of the
permitted display, and arising from any acts of the permittee, the
permittee's agents, employees or subcontractors.
3. Disposal of Unfired Fireworks. Unfired fireworks and trash that remain
after the display is concluded shall be immediately disposed of in
a safe manner approved by the Mayor.
4. Seizure of Fireworks. The Fire Official shall seize, take, remove
or cause to be removed at the expense of the owner, all stocks of
fireworks offered or exposed for display, stored, or held in violation
of this Part 2.
[Ord. 5-10-1934, 5/10/1934; as amended by Ord. 1988-1, 8/1/1988]
Any person, firm or corporation who shall violate any provision
of this Part 2 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600; and/or to imprisonment for a term not
to exceed 30 days. Every day that a violation of this Part 2 continues
shall constitute a separate offense.
[Added by Ord. 2014-01, 5/5/2014]
1. As used in this section, the term "aerial luminaire" shall mean,
and refer to, an airborne paper lantern containing a fuel source that
heats air from inside the lantern causing the lantern to rise into
the air and remain airborne until the heat source is not sufficient
to cause it to remain airborne at which point it descends until it
come to rest in a tree, in vegetation, or on the ground or it comes
in contact with other objects which stop its descent. Other common
names for an aerial luminaire are "Chinese sky lantern," "Hawaii sky
lantern," "sky lantern," "Kongming lantern," "flying lanterns," "floating
lanterns," "sky candles;" or "wish candles."
2. It shall be unlawful to ignite, discharge, light, fly, release into
the atmosphere, or otherwise use in the Borough corporate limits,
aerial luminaires, commonly known as "Chinese sky lantern," "Hawaii
sky lantern," "sky lantern," "Kongming lantern," "flying lanterns,"
"floating lanterns," "sky candles;" or "wish candles."
3. Any person, firm or corporation who shall violate any provision of this section shall be subject to the penalties as set forth in §
7-203 of the Code of Watsontown Borough.