The following terms shall have the meanings ascribed unless
a contrary meaning is expressly set forth in the text:
FIREWORKS
Any composition or device for the purpose of producing a
visible or an audible effect for entertainment purposes by combustion,
deflagration or detonation that meets the definition of "consumer
fireworks" or "display fireworks" as set forth herein.
A.
(1)
Any combustible or explosive composition or any substance or
combination of substances which is intended to produce visible or
audible effects by combustion, is suitable for use by the public,
complies with the construction, performance, composition and labeling
requirements promulgated by the Consumer Products Safety Commission
in 16 CFR (relating to commercial practices) or any successor regulation
and complies with the provisions for "consumer fireworks" as defined
in American Pyrotechnics Association Standard APA 87-1 or any successor
standard, the sale, possession and use of which shall be permitted
throughout the Township.
(2)
The term does not include such devices as "ground and hand-held
sparkling devices," "novelties," or "toy caps" in defined APA 87-1
or any successor standard, the sale, possession and use of which shall
be permitted at all times throughout the Township.
B.
DISPLAY FIREWORKSLarge 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 grains or 103 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
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 to utilize display fireworks within the limits
of Schuylkill Township ("Township") unless a permit therefor is first
granted by the Board of Supervisors, as hereinafter provided.
The Board of Supervisors shall require a bond, deemed adequate
by it, given by the permittee in an amount deemed appropriate by the
Board of Supervisors, but not in a sum less than $250,000 for display
fireworks, conditioned for the payment of all damages caused by any
person or persons and to any property by reason of the licensed display
and arising from any acts of the licensee, his or its agents, employees
or subcontractors, which bond shall be filed with the Township Manager
before any permit for display fireworks is delivered.
If by reason of unfavorable weather the display for which a
display fireworks permit has been granted does not take place at the
time so authorized, the permitted may within seven days apply to the
Township Manager, setting forth under oath the fact that such display
was not made, giving the reason therefor, and requesting a continuance
of such display fireworks 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 Township Manager,
if he believes the facts stated herein are true, shall extend the
provisions of the display fireworks permit to the day fixed in said
application, not later than one week after the original day designated
in the display fireworks 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 display fireworks permit.
Unfired fireworks and trash remaining after the conclusion of
the use of display fireworks for which the permit was issued shall
be immediately disposed of by the permittee in an approved, safe manner.