[HISTORY: Adopted by the Board of Supervisors
of the Township of Lehigh 5-14-2002 by Ord. No. 2002-4. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any combustible or explosive composition
or any substance or combination of substances, or, except as hereinafter
provided, any article prepared for the purpose of producing a visible
or an audible effect by combustion, explosion, deflagration or detonation,
and shall include blank cartridges and toy cannons in which explosives
are used, the type of balloons which require fire underneath to propel
the same, fire-crackers, torpedoes, skyrockets, Roman candles, aerial
fireworks, or other fireworks of like construction, and any fireworks
containing any explosive or flammable compound or any tablets or other
device containing an explosive substance.
Shall not include sparklers, toy pistols, toy
canes, toy guns, or other devices in which paper caps containing 25/100
grains or less of explosive compound are used, providing they are
so constructed that the hand cannot come in contact with the cap when
in place for the explosion, and toy pistol paper caps which contain
less than 20/100 grains of explosive mixture, the sale and use of
which shall be permitted at all times, nor shall the term "fireworks"
include toy cannons which operate on the principle of mixing calcium
carbide, weighing less than 1/10 of an ounce, and water in the reservoir
of the cannon and in which ignition results upon the creation of a
spark.
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 fireworks within the limits of the Township of Lehigh unless a
permit therefor is first granted by the Board of Supervisors of said
Township, as hereinafter provided.
[Amended 9-12-2017 by Ord. No. 2017-5]
A.
Every display of fireworks within Lehigh Township shall be performed
by a state licensed operator. The state licensed operator shall be
present during the entire display and shall have on his/her person
proper identification regarding said license which shall be displayed
upon request by a Township official and/or police officer.
B.
Firework displays shall be of such a character and so located so
that the display shall not constitute a hazard or danger to any person
or property within Lehigh Township.
C.
All firework displays shall be concluded by 10:00 p.m. with the following
exceptions:
(1)
Displays on national holidays shall be concluded by 11:00 p.m.
(2)
Displays in conjunction with New Year's Eve celebrations shall
be concluded by 1:00 a.m. on January 1.
(3)
Special events approved by the Board of Supervisors, pursuant to
a public vote, shall conclude at the time agreed upon for the event.
D.
Firework displays shall not exceed 30 minutes in length, unless otherwise
authorized by the Lehigh Township Board of Supervisors pursuant to
a vote at a public meeting.
A.
Application for permits shall be submitted in writing to the Township
business office at least 30 days in advance of the date of display.
Said application shall provide the proposed location of the display,
the character thereof, name and address of the licensed 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 or
owners thereto in writing attached.
[Amended 9-12-2017 by Ord. No.
2017-5]
B.
All applicants shall pay the Township Secretary/Treasurer
a sum as set from time to time by resolution of the Board of Supervisors
before issuance of a permit, and provide proof of liability insurance.
[Amended 5-13-2003 by Ord. No. 2003-1]
If and after such permit shall have been granted
by the Township Supervisors or designee, possession, sale, use and
distribution of fireworks for such display shall be lawful for that
purpose only. No permit granted hereunder shall be transferable.
[Amended 9-12-2017 by Ord. No. 2017-5]
The Board of Supervisors of the Township of Lehigh requires
that the licensed operator and/or the owner of the property upon which
the display shall occur post a bond in an amount acceptable to the
governing body, but in no event less than $1,000,000. Said bond shall
be issued to ensure the payment of any and all damages caused to any
person or persons and to any property by reason of the licensed display
of fireworks and arising from any acts of the licensee, his or its
agents, employees, or subcontractors, which bond shall be filed with
the Township Business Office before any permit for a supervised public
display of fireworks is granted.
If by reason of unfavorable weather the display
for which a permit has been granted does not take place at the time
so authorized, the person to whom such permit was issued may within
24 hours apply to the authority having granted the same, setting forth
under oath the fact that such display was not made, giving the reason
therefor, and requesting a continuance of such permit for a day designated
therein, not later than one week after the day fixed originally in
said permit. Upon receiving such application for a continuance the
said authority, if it believes the facts stated therein are true,
shall extend the provisions of said permit to the day fixed in said
application, not later than one week after the original day designated
in the permit, and 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 which
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.
