[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.
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.
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.
A.
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.
B.
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.
C.
No person
shall display consumer or display fireworks within the limits of the
City without first obtaining a permit.
D.
The permit
shall be issued by the Fire Chief, or in the Fire Chief's absence,
the City Administrator.
E.
Any permit
granted hereunder shall not be transferable.
F.
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.
G.
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.
A.
Oak Hill
Cemetery.
A.
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.
B.
Compliance
with NFPA 1123.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
