[Ord. 4-1985, 6/10/1985, § 1]
Except as hereinafter provided, it shall be unlawful for any
person, copartnership, association or corporation to offer for sale,
expose for sale, sell at retail or use or explode any fireworks; except
under the conditions set forth in § 72 hereof.
[Ord. 4-1985, 6/10/1985, § 2]
Supervised public displays of fireworks by the municipality,
fair association and other organizations or groups of individual are
permitted as long as the conditions of this section are complied with.
A.
Every such exhibition of display shall be handled by a competent
operator that must be approved by Borough Council or the Chief of
the Fire Department and the Chief of Police.
B.
Said operator shall have all licenses required by the Commonwealth
of Pennsylvania and the government of the United States.
C.
Each such exhibition or display shall be so located, discharged or
fired as in the opinion of the Chief of the Fire Department and Chief
of Police after proper inspection shall not be hazardous to property
or endanger any person or persons.
D.
Applications for permits shall be made in writing at least 15 days
in advance of the date of the display.
E.
After such privilege shall have been granted, sales, permission,
use and distribution of fireworks for such display shall be lawful
for that purpose only. No permit granted hereunder shall be transferable.
F.
The licensee shall upon application for the permit attach to said
application a bond in the amount of $10,000, conditioned for the payment
of all damage which may be caused either to a person or persons, or
to property by reason of the licensed display and arising from any
acts of the licensee, his agent, employees or subcontractors; and
proof of liability insurance coverage in the amount of $1,000,000.
G.
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 Borough, 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 Borough, 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 or proof of insurance other than previously given
for the original permit, the provisions of which shall extend to and
cover all damages which may be caused by reason of the said display
taking place at such extended date originally fixed in the permit.
[Ord. 4-1985, 6/10/1985, § 3]
The Borough Council, Chief of Police and Chief of the Fire Department
shall have the power, under the reasonable rules and regulations of
Council, to grant permits for the use of suitable fireworks for agricultural
purposes in connection with the rising of crops and the protection
of crops from bird and animal damage. Said permits shall be good for
the calendar year in which 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. 4-1985, 6/10/1985, § 4]
The term "fireworks" shall mean and include 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, firecrackers, 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.
The term "fireworks" shall not include sparklers, toy pistols,
toy canes, toy guns, or other devices in which paper caps contain
twenty-five hundredth 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 twenty hundredths 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 one tenth
of an ounce, and water in the reservoir of the cannon and in which
ignition results upon the creation of a spark.
[Ord. 4-1985, 6/10/1985, § 5]
The Pennsylvania State Police or any sheriff, police officer
or constable shall seize, take, remove or cause to be removed at the
expense of the owner all stocks of fireworks or combustibles offered
or exposed for sale, stored or held in violation of this act.
[Ord. 4-1985, 6/10/1985, § 6]
Any person, copartnership, association or corporation violating
the provisions of this Part shall be guilty of a summary offense,
and upon conviction thereof, shall be punished by a fine not exceeding
$100 or in the case of individuals, the members of a partnership and
the responsible officers and agents of an association or corporation,
by imprisonment in the county jail not exceeding 30 days or by other
such fine and imprisonment.
