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.
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 of $100;
b) provide proof of the required bond; and c) pay the Borough, for
reimbursement to the Rose Fire Company No. 1, the sum of $500 for
Fire Department coverage during the fireworks display. All such fees
identified herein may be amended by resolution of the Council, from
time to time.
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.
The Council shall require a bond deemed adequate by it 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 Manager before any permit for a
supervised public display 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.