[Amended 11/11/2010]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning appears from the context:
Any combustible or explosive composition or any substance
or combination of substances, intended to produce visible and/or audible
effects by combustion and which is suitable for use by the public
that complies with the construction, performance, composition and
labeling requirements promulgated by the Consumer Products Safety
Commission in 16 CFR, or any successor regulation, and which complies
with the provisions for "consumer fireworks" as defined in the American
Pyrotechnics Association ("APA") Standard 87-1, or any successor standard;
provided, however, that this term does not include devices such as
"ground and hand-held sparkling devices," "novelties" and "toy caps,"
as defined in APA Standard 87-1, the sale, possession and use of which
shall be permitted at all times.
The definition provided in 27 CFR 555.11.
[Amended 11/11/2010]
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 hold public displays of consumer fireworks
or display fireworks within the limits of the Township of Montour,
unless a permit is first granted by the Board of Supervisors of said
Township.
[Amended 11/11/2010]
Before a fireworks permit may be issued, the applicant must apply to the building code official for a fireworks display permit required by the Uniform Construction Code ("UCC"). If the building code official indicates, in writing, that no UCC permit is required, the application shall be processed in accordance with this Part. If a permit is required, the applicant must present the valid UCC permit before a fireworks permit may be issued under this Part. Obtaining a valid UCC permit waives the site inspection requirements in § 13-304 of this Part.
[Amended 11/11/2010]
Every such display within the limits of Montour Township shall
be handled by a competent operator, and the display shall be of such
character and so located, discharged or fired, after proper inspection
as to not be hazardous to property or endanger any person or persons.
[Amended 11/11/2010]
Application for a permit shall be in writing to the Township
Secretary at least 30 days in advance of the date of display, setting
forth the proposed location of the display, the character thereof,
name and address of the operator, and the name and address of the
owner or owners of the grounds on which the display is to be held,
with the consent of such owner or owners in writing attached. All
applicants shall pay the Township the sum of $20 before issuance of
a permit and provide proof of the required bond.
[Amended 11/11/2010]
The Board of Supervisors, under reasonable rules and regulations,
may grant permits for the use of suitable fireworks for agricultural
purposes in connection with the raising of crops and the protection
of crops from bird and animal damage. Such permits shall be good for
the calendar year 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.
[Amended 11/11/2010]
If and after a permit has been granted by the Township Board
of Supervisors, or designee, possession, sale, use and distribution
of consumer fireworks and display fireworks for such display shall
be lawful for that purpose only. No permit granted shall be transferable.
[Amended 11/11/2010]
The Board of Supervisors of the Township of Montour shall require
the permittee or licensee to obtain a bond in an amount no less than
$1,000,000 for the payment of damage caused to any person or persons
or to any property by reason of the licensed display and arising from
any acts of the licensee, or licensee's agents, employees or
subcontractors. The bond shall be filed with the Township Secretary
before any permit for a supervised public display is delivered.
[Amended 11/11/2010]
If by reason of unfavorable weather, the display for which a
permit has been granted does not take place at the time authorized,
the person to whom such permit was issued may apply to the Township
Board of Supervisors 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 Board of
Supervisors, if they believe the facts stated therein are true, 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.
Such extension of time shall be granted without the payment of any
additional fee and without required 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 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 permit.
[Amended 11/11/2010]
Any person, partnership, association or corporation violating
the provisions of this Part shall be guilty of a misdemeanor, and
upon conviction thereof, shall be punished by a fine not exceeding
$100 or in the case of individuals, the members of a partnership or
corporation, by imprisonment not exceeding 90 days or by both such
find and imprisonment.
