[HISTORY: Adopted by the City Council of the City of Bradford 5-9-2017 by Ord. No. 3270. Amendments noted where applicable.]
The purpose of this chapter is to regulate fireworks displays in order to preserve and protect the health, safety and general welfare of the citizens of the City of Bradford, and to protect the rights of citizens to the quiet enjoyment of their property.
As used in this chapter, the following terms shall have the meanings indicated:
- The City of Bradford, including its residents and all land within its territorial boundaries.
- CONSUMER FIREWORKS
- Includes combustible or explosive composition or any 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 Product Safety Commission in Title 16 of the Code of Federal Regulations (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 City.
- DISPLAY FIREWORKS
- Shall be defined as provided in 27 CFR 555.11 (relating to meaning of terms).
- As used herein, refers to any city, county and/or related authority.
- Any individual, partnership, corporation, association or limited-liability company or similar entity.
Any person seeking to display consumer or display fireworks within the City limits of the City of Bradford must acquire a permit from the City and complete an application as provided by the City.
The applicant shall pay an application fee to the City as established by resolution of the Council of the City of Bradford from time to time. Said fee must be paid at the time application is made to the City.
No person shall display consumer or display fireworks within the limits of the City without first obtaining a permit.
The permit shall be issued by the Fire Chief, or in the Fire Chief's absence, the City Administrator.
Any permit granted hereunder shall not be transferable.
The permit shall be valid for the day of the event only, but may be extended at the discretion of the City Administrator or issuing officer as a result of inclement weather or other extenuating circumstances.
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 approved location as set by the City.
Any person applying for a permit to display fireworks within the City of Bradford shall have a minimum of five years' experience in displaying and/or supervising consumer fireworks or display fireworks.
Compliance with NFPA 1123.
Any person wishing to display fireworks within the City of Bradford shall be required to furnish a license issued by the state or federal government.
Any person displaying fireworks shall have on site during the entire length of the display, fire suppression equipment staffed by sufficient personnel as determined by the Fire Chief.
Any person wishing to display fireworks within the City of Bradford shall provide the City with a liability insurance policy in the aggregate sum of at least $1,000,000 and proof of workers' compensation coverage.
Exceptions may be made for close proximity fireworks.
Prior to the issuance of a permit, the Chief of the Fire Department 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 City Administrator whether his inspection results in an approval or denial of the permit.
The Fire 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.
If the Fire Chief requires certain accommodations or changes to approve the permit, then the City Administrator shall only approve said permit upon the person displaying said fireworks making any and all changes or recommendations as recommended by the Chief.
The fee for the permit shall be $100 per display event, payable to the City of Bradford. Said fee may be adjusted annually by City Council resolution.
Provided herein that 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 permit granted hereunder shall not be transferable.
The applicant and all other parties associated with the display of fireworks shall comply with all federal, state and local laws.
Any person who violates or permits a violation of this chapter, upon being convicted before a Magisterial District Judge, shall pay a fine not exceeding $500 and any costs incurred by the City of Bradford, and in default of payment of the fine and costs, shall be subject to imprisonment for a period not exceeding 30 days.
Each day of the violation shall be considered a separate violation and offense.
The City of Bradford Police Department shall have full authority to enforce this chapter and impose such fines and other penalties as necessary and appropriate.