[Ord. No. 6-2007, 10/9/2007; as amended by Ord. No. 3-2018, 6/12/2018]
Includes:
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 APA 87-1 or any successor standard, the sale, possession and use
of which shall be permitted throughout this commonwealth.
The term does not include devices such as "ground and hand-held
sparkling devices," "novelties" and "toy caps" in APA Standard 87-1,
the sale, possession and use of which shall be permitted at all times
throughout this commonwealth.
Includes:
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:
Salutes that contain more than two grains or 130 milligrams
of explosive materials;
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
Other display pieces that exceed the limits of explosive materials
for classification as consumer fireworks and are classified as fireworks
UNO333, UNO334 or UNO335 [under 49 CFR 172.101 (relating to purpose
and use of hazardous materials table)].
[Ord. No. 6-2007, 10/9/2007; as amended by Ord. No. 3-2018, 6/12/2018]
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 displays of display fireworks within
the limits of the Township of Sugarloaf unless a permit is first granted
by the Board of Supervisors for Sugarloaf Township.
[Ord. No. 6-2007, 10/9/2007; as amended by Ord. No. 3-2018, 6/12/2018]
Every such display within the limits of Sugarloaf Township shall
be handled by a licensed or professional pyrotechnician, at least
21 years of age, and the display shall be of such character and so
located, discharged or fired after proper inspection and shall not
be hazardous to property or endanger any person or persons. Displays
of fireworks shall be concluded by 11:00 p.m.
[Ord. No. 6-2007, 10/9/2007; as amended by Ord. No. 3-2018, 6/12/2018]
Application for permit shall be in writing to the Township Secretary
at least 15 days in advance of a meeting of the Board of Supervisors
prior to the date of display, setting forth the proposed location
of the display, the character thereof, name an 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. A display location must be at least
150 feet from any occupied structure. All applicants shall pay the
Township Treasurer the sum of $100 before issuance of a permit and
provide proof of a bond in the amount of $50,000, conditioned for
the payment of all damages which may be caused to a person or property
by reason of the display and arising from an act of the permittee
or an agent, employee or subcontractor of the permittee.
[Ord. No. 6-2007, 10/9/2007]
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.
[Ord. No. 6-2007, 10/9/2007; as amended by Ord. No. 3-2018, 6/12/2018]
If and after a permit has been granted by the Sugarloaf Township
Board of Supervisors or its designee, the possession and use of display
fireworks for such display shall be lawful for that purpose only.
A permit shall be transferable upon application and review by the
Township of Supervisors. If, as a result of unfavorable weather, the
display for which a permit has been granted does not occur at the
time authorized by the permit, the person to whom the permit was issued
may, within 24 hours, apply for a request for extension of the permit.
The extension shall state under oath the reason that the display was
not made. The municipality, upon good cause shown by the permittee,
may extend the provisions of the permit to a date requested by the
permittee, which date shall not be later one week after the original
date designated in the permit. No additional fee shall be required
for the extension.
[Ord. No. 6-2007, 10/9/2007]
The Board of Supervisors of Sugarloaf Township shall require
the permittee or licensee to obtain a bond in an amount no less than
$1,000,000 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, 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.
[Ord. No. 6-2007, 10/9/2007]
If by reason 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 Sugarloaf Township Board of
Supervisors, if it believes 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 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 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.
[Ord. No. 6-2007, 10/9/2007; as amended by Ord. No. 3-2018, 6/12/2018]
Any person, copartnership, association or corporation violating
the provisions of this act shall be guilty of a summary offense and,
upon conviction thereof, shall be punished by a fine not exceeding
$600.
[Ord. No. 6-2007, 10/9/2007]
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
[Ord. No. 6-2007, 10/9/2007]
This Part shall become effective immediately upon passage or
adoption.
