[HISTORY: Adopted by the Board of Supervisors of the Township of Moore 10-3-2006 by Ord. No. 2006-3. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Fireworks, Rules and Regulations
As used in this chapter, the following terms shall have the meanings indicated:
CONSUMER FIREWORKS
A. 
Includes any combustible or explosive composition or any substance or combination of substances intended to produce visible and/or audible effects by combustion and which is suitable for use by the public that 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 which complies with the provisions for "consumer fireworks" as defined in the American Pyrotechnics Association (APA) Standard 87-1, or any successor standard.
B. 
The term does not include devices 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 the commonwealth.
DISPLAY FIREWORKS
Shall be defined as provided in 27 CFR 555.11 (relating to meaning of terms).
FIREWORKS
A. 
Includes any combustible or explosive composition or any substance or combination of substances, or, except as hereinafter provided, any article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, aerial fireworks, or other fireworks of like construction, and any fireworks containing any explosive or flammable compound or any tablets or other device containing an explosive substance.
B. 
The term "fireworks" shall not include sparklers, toy pistols, toy canes, toy guns, or other devices in which paper caps containing 0.25 grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper caps which contain less that 0.20 grains of explosive mixture, the sale and use of which shall be permitted at all times, nor shall the term "fireworks" include toy cannons which operate on the principle of mixing calcium carbide, weighing less than one tenth of an ounce, and water in the reservoir of the cannon and in which ignition results upon the creation of a spark.
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 to hold public displays of fireworks within the limits of Moore Township, unless a permit therefor is first granted by the Board of Supervisors of said Township, as hereinafter provided.
Permission to display consumer fireworks and display fireworks will be given by the Board of Supervisors in accordance with the reasonable rules and regulations for the display of consumer fireworks and display fireworks as further set forth herein in Exhibit "A."[1] Each such display shall be handled by a competent operator and shall be of such a character and so located, discharged or fired as, in the opinion of the Chief of the Fire Department or other such officer as may be designated by the governing body of the Township, after proper inspection, to not be hazardous to property or endanger any person or persons. No permit shall be transferable.
[1]
Editor's Note: Said exhibit is included as an attachment to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Application for permits shall be made in writing to the Police Department Secretary with the sum of $50, payable to Moore Township, at least 30 days in advance of the date of display, setting forth the proposed location of the display, the character thereof, name and 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 of owners thereto, in writing, attached. All applicants shall provide proof of liability insurance before issuance of a permit.
If and after such permit shall have been granted by Township Supervisors or designee, possession, sale, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
The Board of Supervisors of Moore Township shall require a bond deemed adequate by it given by the permittee or licensee in an amount deemed appropriate by the governing body, but will not be in a sum less than $1,000,000, conditioned for 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 Township Secretary before any permit for a supervised public display of 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Any person, copartnership, association or corporation who or which 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.