Township of Rostraver, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Rostraver as indicated in article histories. Amendments noted where applicable.]
[HISTORY: Adopted 9-6-2017 by Ord. No. 689. Amendments noted where applicable.]
This article shall be known and may be cited as the "Rostraver Township Fireworks Ordinance."
It is the intent of Rostraver Township to protect the health, safety and welfare of the general public through limiting and regulating the use of fireworks as hereafter defined. Fireworks by nature contain explosives which when misused can damage property and endanger human life. This article prohibits the use of fireworks and conduct of public displays as defined herein by the general public but allows for the public display of fireworks performed by professional, competent operators in a safe manner and with appropriate safeguards through a permit process.
As used in this article, the following terms shall have the meanings indicated:
Includes all of those materials and/or devices and any combination thereof which are defined as "consumer fireworks" and/or "display fireworks" by the laws of the Commonwealth of Pennsylvania.
Any individual, partnership, firm, limited liability company or partnership, public or private corporation, incorporated or unincorporated association, enterprise or any other legal entity and including, without limitation with respect to each of the above, any agent, servant or employee thereof.
Any event whether or not open to the general public at which fireworks are discharged, fired or activated.
It shall be unlawful for any person to have, hold, or sponsor public displays of fireworks within the limits of Rostraver Township, unless a permit therefor is first granted by the Township Finance Director/Office Manager or his designee.
Application for permits shall be made in writing on a form prescribed by the Township to the Township Finance Director/Office Manager at least 45 days in advance of the date set for a public display, setting forth the proposed location, 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 public display is to be held. If an application is submitted and executed by an operator acting on behalf of the owner, the owner shall execute the application as well. Rostraver Township may charge an application/permit fee which may be established and/or modified by resolution from time to time.
As a condition of issuance of the permit, the applicant shall submit a bond meeting the requirements of § 95-5 of this article.
If and after a permit is granted hereunder, the possession and use of fireworks shall be lawful and limited solely for the purpose described in the application and the permit.
The Township Finance Director/Office Manager may attach reasonable conditions to the issuance of a permit under this section.
No permit granted hereunder shall be transferable.
If by reason of unfavorable weather the public display for which a permit is granted does not take place at the time authorized, the person to whom such permit is issued may, within 72 hours, apply to the Township requesting a continuance of the public display to a new date. Upon receiving an application for continuance, the Township Finance Director/Office Manager may extend the permit under such terms and conditions as are deemed appropriate.
The Township shall provide reasonable rules and regulations by resolution which shall govern the display and sale of consumer fireworks for display within the Township of Rostraver.
The owner, operator, and/or applicant for a permit shall provide a bond in an amount not less than $500 conditioned for the payment of all damages to any person for any injury, death, or property damage arising out of or relating to the public display of fireworks. The bond shall be filed with the Township Finance Director/Office Manager as a condition of permit approval. The terms of the bond shall be subject to Township approval.
Every public display of fireworks within the Township shall be performed by a competent operator and shall be of such character and so located, discharged, fired or activated in such a manner so as not to be hazardous to property or endanger any person or persons. The permit application shall identify the operator and set forth the operator's credentials evidencing competency to perform the public display.
It shall be the sole responsibility of the owner, applicant and/or operator to dispose of all unfired fireworks, trash and any other residue or remains within 24 hours of the conclusion of the public display of fireworks. Any materials which are hazardous or unsafe shall be immediately disposed of in a proper manner.
In addition to the above, any owner, applicant and/or operator hereunder shall comply with all federal, state and local laws, regulations, and ordinances as well as industry standards relating to the handling, display, and disposal of fireworks. To the extent that the standards contained in this article differ from those contained in any federal, state, or local law, regulation, or ordinance or industry standard, the stricter provision shall apply.
Any person who violates a provision of this article shall, in an action brought before a district justice and upon conviction thereof, be subject to a fine of not less than $100 and not more than $1,000 for each and every offense and, in default of payment, imprisonment for a term not exceeding 30 days. Each day or portion thereof for which a violation of this article is found to occur shall constitute a new and separate offense.
If any section, subsection, paragraph, sentence, clause, or phrase of this article shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this article, which shall remain in full force and effect and, for this purpose, the provisions of this article are hereby declared to be severable.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
This article shall become effective after its passage or adoption.