[HISTORY: Adopted by the Board of Commissioners of the Township of Cheltenham as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-28-2018 by Ord. No. 2366-18]
The following words, terms and phrases, when used in this article, shall have the following meanings ascribed to them:
- DISPLAY FIREWORKS
- Large fireworks to be used solely by professional pyrotechnicians and designed primarily to produce visible or audible effects by combustion, deflagration or detonation. The term includes, but is not limited to:
- (1) Salutes that contain more than two grams or 130 milligrams of explosive materials;
- (2) Aerial shells containing more than 60 grams of pyrotechnic compositions; and
- (3) Other display pieces that exceed the limits of explosive materials for classification as consumer fireworks and are classified as fireworks UNO333, UNO334 or UNO 335 under 49 Code of Federal Regulations § 172.101 (relating to purpose and use of hazardous materials table).
From and after the passage of this article, it shall be unlawful to possess or use display fireworks within Cheltenham Township without obtaining a permit from Cheltenham Township to do so.
Permits shall be issued by the Township Fire Marshal, or his or her designee, upon application therefor, setting forth the identity of the professional pyrotechnician, the identity of the surety providing the bond referred to in § 194-4 below, and the time and place of the display covered by the permit or for any other purpose authorized by Act 43 of 2017 or its successor law.
Editor's Note: See 72 P.S. § 7101 et al.
At the time of application to the Township Fire Marshal, or his or her designee, the applicant shall submit a bond deemed adequate by the Township in a sum not less than $50,000 conditioned for the payment of all damages which may be caused to a person or property by reason of the display and arising from an act of the permittee or an agent, employee or subcontractor of the permittee.
If, because of unfavorable weather, a display for which a permit has been granted does not occur at the time authorized by the permit, the person to whom the permit was issued may, within 24 hours, apply for a request for extension to the Township Fire Marshal, or his or her designee. The request for extension shall state under oath that the display was not made, provide the reason that the display was not made and request a continuance of the permit for a date designated within the request, which shall be not later than one week after the date originally designated in the permit. Upon receiving the request for an extension, the Township Fire Marshal, or his or her designee, if he/she believes that the facts stated within the request are true, shall extend the provisions of the permit to the date designated within the request, which shall be not later than one week after the date originally designated in the permit. The extension of time shall be granted without the payment of an additional fee and without requiring a bond other than the bond given for the original permit, the provisions of which shall extend to and cover all damages which may be caused by reason of the display occurring at the extended date and in the same manner and to the same extent as if the display had occurred on the date originally designated in the permit.
Any person, firm, association or corporation who or which shall violate or fail to comply with any of the provisions of this article shall, upon being found liable in a civil proceeding before a magisterial district judge, shall pay a civil penalty of not more than $1,000 and costs of prosecution. Each separate day that a violation occurs shall be deemed a separate violation.