Every use of display fireworks within the limits of the Borough 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 Fire Chief, after proper inspection, shall not be hazardous to property or endanger any person or persons.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
An application for display fireworks permit(s) shall be made in writing to the Borough 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 Borough an application fee in an amount as set from time to time by resolution of the Borough Council; b) provide proof of the required insurance; and c) pay the Borough, for reimbursement to the Rose Fire Company No. 1, a sum in an amount as set from time to time by resolution of the Borough Council for Fire Department coverage during the fireworks display.
If and after such permit shall have been granted by the Council, or designee, possession and use of fireworks for such display shall be lawful for that purpose only. A permit granted hereunder shall not be transferable.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Council shall require a permittee or licensee to carry insurance in an amount deemed appropriate by the Board, but not to be in an amount less than $2,000,000, conditioned for the payment of all damages which may be caused to any person or persons and to any property by reason of the use of display fireworks or arising from any acts of the licensee or his or its agents, employees, or subcontractors, which proof of insurance shall be filed with the Manager/Administrator before any permit for the use 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 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 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 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 10:30 p.m., but may be extended to 12:00 midnight on December 31 and from 12:00 midnight to 12:30 a.m. on January 1. Additional dates and times may be permitted with prior written approval by the Borough Council.