It shall be unlawful for any person, persons, firms or corporations,
or other organizations or groups of individuals, to have or to hold
public displays of fireworks within the limits of the Township of
Brady, unless a permit therefor is first granted by the Board of Supervisors
of said Township, as hereinafter provided.
Every such display within the limits of said Township shall
be handled by a competent operator, and which display shall be of
such character and so located, discharged or fired, as in the opinion
of the Board of Supervisors, or their duly authorized representative,
and the Fire Chief of jurisdiction, or his duly authorized representative,
after proper inspection, shall not be hazardous to property or endanger
any person or persons. Permits issued by the Township may be revoked
or modified by the Board of Supervisors. Modification of the permit
may require the permittee or licensee to provide fire protection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Application for permits shall be made 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, 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 thereto in writing attached, and
a site plan indicating the locations of the discharge areas, viewing
areas, and buildings or structures in the display area. All applicants
shall pay the Township Treasurer a sum as determined from time to
time by resolution of the Board of Supervisors before issuance of
a permit.
If and after such permit shall have been granted by the Township
Supervisors or designee, possession, sale, use and distribution of
fireworks for such display shall be lawful for that purpose only.
No permit granted hereunder shall be transferable.
The Board of Supervisors of the Township of Brady shall require
liability insurance or a bond deemed adequate given by the permittee
or licensee in an amount deemed appropriate by the governing body
but will not be in a sum less than $1,000,000 conditioned for the
payment of damages caused to 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, subcontractors, this bond
shall be filed with the Township Secretary before any permit for a
supervised public display of fireworks is delivered.
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 authority having granted the same, setting forth under oath
the fact that such display was not made, giving the reason therefor,
and requesting a continuance of such permit for 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
said authority, 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
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 permit.
Any person, copartnership, association, or corporation using
consumer fireworks in violation of the provisions of this chapter commits a summary offense, and, upon
conviction, shall be punished by a fine of not more than $100. Any
person, copartnership, association, or corporation selling consumer
fireworks in violation of the provisions of this chapter commits a
misdemeanor of the second degree. Any person, copartnership, association,
or corporation selling display fireworks in violation of the provisions
of this chapter, commits a felony of the third degree. Any person,
copartnership, association, or corporation selling federally illegal
explosives such as devices as described in 49 CFR 173.54 (relating
to forbidden explosives) or those devices that have not been tested,
approved and labeled by the Federal Department of Transportation,
including, but not limited to, those devices commonly referred to
as "M-80," "M-100," "Blockbuster," "Cherry Bomb" or "Quarter or Hard
Stick" explosive devices, in violation of the provisions of this chapter,
commits a felony of the third degree. The Supervisors or their designee,
the Pennsylvania State Police, any sheriff or police officer shall
take, remove or possibly remove at the expense of the owner all stocks
of consumer fireworks or display fireworks or combustibles offered
or exploded for sale, storage or held in violation of this chapter.
The owner shall be responsible for the storage and, if deemed necessary
the destruction of these fireworks.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed. If any section, subsection, paragraph, sentence,
clause or phrase of this chapter shall be declared invalid for any
reason whatsoever, such decision shall not affect the remaining portions
of this chapter, which shall remain in full force and effect, and
for this purpose the provisions of this chapter are hereby declared
to be severable.
This chapter shall become effective five days after its passage
or adoption.