[Ord. No. 12-11-2007,
12/11/2007, § 1]
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 (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 devices as "ground and hand-held sparkling
devices," "novelties" and "toy caps" in APA Standard 87-1, the sale,
possession and use of which shall be permitted at all times.
Defined as provided in 27 CFR 555.11.
[Ord. No. 12-11-2007,
12/11/2007, § 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 hold public displays of consumer fireworks
and display fireworks within the limits of the Township of Hemlock
unless a permit is first granted by the Board of Supervisors of said
Township.
[Ord. No. 12-11-2007,
12/11/2007, § 3]
Every such display within the limits of Hemlock Township shall
be handled by a competent operator, and the display shall be of such
character and so located, discharged or fired, after proper inspection,
and shall not be hazardous to property or endanger any person or persons.
[Ord. No. 12-11-2007,
12/11/2007, § 4; as amended by Ord. No. 11-11-2014, 11/11/2014]
Application for permits shall be in writing to the Township
Secretary at least 30 days in advance of the date of display, setting
forth the proposed location of the display, the character thereof,
the 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,
along with the consent of such owner or owners in writing attached.
A letter shall be attached from the Fire Chief of the Buckhorn Volunteer
Fire Company No. 1, or such other fire officer that may be designated
by the Chief, indicating that the location has been inspected and
it does not present a hazard to property or persons. All applicants
shall pay to the Township a sum in an amount as established from time
to time by resolution of the Board of Supervisors before issuance
of a permit and provide proof of the required bond.
[Ord. No. 12-11-2007,
12/11/2007, § 5]
The Board of Supervisors 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. No. 12-11-2007,
12/11/2007, § 6]
If and after a permit has been granted by the Township Board
of Supervisors or its 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.
[Ord. No. 12-11-2007,
12/11/2007, § 7]
The Board of Supervisors of Hemlock Township shall require the
permittee or licensee to obtain a bond 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.
The bond shall be filed with the Township Secretary before any permit
for a supervised public display is issued.
[Ord. No. 12-11-2007,
12/11/2007, § 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
Manager within 24 hours, setting forth under oath the fact that such
display was not held, the reason therefor, and request 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 Manager, if he/she
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 at the date originally fixed in the
permit.
[Ord. No. 12-11-2007,
12/11/2007, § 9; as amended by Ord. No. 11-11-2014, 11/11/2014]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
