As used in this chapter, the following terms shall have the
meanings indicated:
DISPLAY FIREWORKS
The term "display fireworks" shall be defined as provided
in Section 2401 of Act 43 of 2017 as 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:
A.
Salutes that contain more than two grains or 130 milligrams
of explosive materials;
B.
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
C.
Other display pieces that exceed the limits of explosive materials
for classification as consumer fireworks and are classified as fireworks
UN0333, UN0334 or UN0335 under 49 CFR 172.101 (relating to purpose
and use of hazardous materials table).
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 Brighton, unless a permit therefor is
first granted by the Board of Supervisors, as hereinafter provided.
Every use of display fireworks within the Township shall be
handled, arranged, managed and directly supervised by a competent
operator. The Township Fire Chief and/or Fire Code Official, or other
such officer designated by the Township's Board of Supervisors,
shall inspect the proposed site prior to issuing a permit in accordance
with the International Fire Code and other applicable regulations
and ensure that the site and proposed use of display fireworks are
not hazardous to property, will not endanger any person(s) and will
be in compliance with said regulations.
The Township shall require a bond from the applicant in an amount
deemed appropriate by the Board of Supervisors or its designee. The
bond amount shall be no less than $500,000 and shall be provided for
the payment of any and all damages caused to any person(s) and property
by reason of the display and arising from any acts of the permittee
or the permittee's agents, employees, subcontractors or volunteers.
The bond shall be in a form acceptable to the Township and no permit
for the use of display fireworks shall be issued unless an acceptable
bond is received by the Township.
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 permittee may apply to the Township within 24 hours, setting forth
under oath the fact that such display was not made, the reason and
request for 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
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, if the Township believes the facts to be true. Such
extension of time shall be granted without the payment of any additional
fee or 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 the 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.
Any person violating the provisions of this Ordinance shall
be guilty of a summary offense, and upon conviction thereof, shall
be punished by a fine not exceeding $1,000 or by imprisonment not
exceeding 30 days, or by both such fine and imprisonment.