[HISTORY: Adopted by the Board of Supervisors of the Township
of Barrett 7-11-2018 by Ord. No.
194. Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the following meanings ascribed to them:
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 grams 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
UN0333, UN0334 or UNO 335 under 49 Code of Federal Regulations 172.101
(relating to purpose and use of hazardous materials table).
From and after the passage of this chapter, it shall be unlawful
to possess or use display fireworks within Barrett Township without
obtaining a permit from Barrett Township to do so.
Permits shall be issued by the Township Codes Official or Zoning Officer, or their designee, upon application therefor setting forth the identity of the professional pyrotechnician, the identity of the surety providing the bond referred to in § 254-5 below, and the time and place of the display covered by the permit or for any other purpose authorized by Act 43 of 2017 or its successor law.
Fireworks displays shall not exceed 30 minutes in duration and
shall not occur after 10:00 p.m. except on December 31 (New Years
Eve), which shall be no later than 12:00 midnight. These limitations
may be waived upon application to the Board of Supervisors for good
cause shown.
At the time of application to the Township Codes Official or
Zoning Officer, or their designee, the applicant shall submit a bond
deemed adequate by the Township in a sum not less than $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.
If, because of unfavorable weather, a 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 to the Township Codes Official or Zoning
Officer, or their designee. The request for extension shall state
under oath that the display was not made, provide the reason that
the display was not made and request a continuance of the permit for
a date designated within the request, which shall be not later than
one week after the date originally designated in the permit. Upon
receiving the request for an extension, the Township Codes Official
or Zoning Officer, or their designee, if he/she believes that the
facts stated within the request are true, shall extend the provisions
of the permit to the date designated within the request, which shall
be not later than one week after the date originally designated in
the permit. The extension of time shall be granted without the payment
of an additional fee and without requiring a bond other than the bond
given for the original permit, the provisions of which shall extend
to and cover all damages which may be caused by reason of the display
occurring at the extended date and in the same manner and to the same
extent as if the display had occurred on the date originally designated
in the permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
The provisions of this chapter are intended to be severable,
and if any section, sentence, clause, part or provision hereof shall
be held illegal, invalid or unconstitutional by any court of competent
jurisdiction, such decision of the court shall not affect or impair
the remaining sections, sentences, clauses, parts or provisions of
this chapter. It is hereby declared to be the intent of the Board
that this chapter would have been adopted even if such illegal, invalid
or unconstitutional section, sentence, clause, part or provision had
not been included herein.
Nothing in this chapter shall limit, in any manner whatsoever,
the Township's right to enforce any ordinance or law of the Township,
Monroe County or the Commonwealth of Pennsylvania, or be a defense
to any citation issued by the Township or the Commonwealth of Pennsylvania
pursuant to any other law or ordinance.
The failure of the Township to enforce any provision of this
chapter shall not constitute a waiver by the Township of its rights
of future enforcement hereunder.
All ordinances or parts of ordinances of the Township which
shall be inconsistent with this chapter shall be, and the same expressly
are, repealed.
This chapter shall take effect five days after the date of its
enactment.
