Every use of display fireworks within the limits of the 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 third-party inspection agency after proper inspection,
shall not be hazardous to property or endanger any person or persons.
Display fireworks may be possessed and used by a person holding
a permit from the Township at the display covered by the permit or
when used as authorized by a permit for any of the following:
A. For agricultural purposes, in connection with the raising of crops
and the protection of crops from bird and animal damage.
B. By railroads or other transportation agencies for signal purposes
or illumination.
C. In quarrying or for blasting or other industrial use.
D. In the sale or use of blank cartridges for a show or theater.
E. For signal or ceremonial purposes in athletics or sports.
F. By military organizations or organizations composed of veterans of
the Armed Forces of the United States.
An application for display fireworks permit(s) shall be made in writing to the Township at least 45 days in advance of the date of display, setting forth the proposed location of the display, the character thereof, a detailed site plan, the names and addresses of all property owners located within 500 feet of the outermost edges of a proposed display's fallout perimeter, the name and address of the operator, and the name and address of the owner(s) of the grounds on which the display is to be held, with the consent of such owner(s) thereto in writing attached. All applicants, prior to the issuance of a permit, shall a) pay the Township an application fee of $100; b) provide proof of the required bond as set forth in §
230-7 of this chapter; and all such fees identified herein may be amended by resolution of the Board from time to time; and c) pay the cost of inspection fees from third-party inspection agency.
If and after such permit shall have been granted by the Board,
or designee, possession and use of fireworks for such display shall
be lawful for that purpose only. A permit granted hereunder shall
be transferable, provided that the transferrer files a written request
with Lower Windsor Township to transfer the permit and provided further
that the transferee meets and complies with the provisions of this
chapter.
The Board shall require a bond given by the permittee or licensee
in an amount deemed appropriate by the Board, but will not be in a
sum less than $2,000,000 conditioned on the payment of all 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, or subcontractors, which bond shall be filed
with the Code Official before any permit for a supervised exhibition
of display 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 Township, 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 Township, 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 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.
All permitted displays of display fireworks must occur between
the hours of 5:00 p.m. and 9:00 p.m. Sunday through Thursday, and
5:00 p.m. and 10:00 p.m. Friday and Saturday, but may be extended
from 9:00 p.m. or 10:00 p.m. to midnight on December 31 and from midnight
to 12:30 a.m. on January 1, and from 9:00 or 10:00 p.m. to midnight
on July 4.