[HISTORY: Adopted by the Borough Council of the Borough of Clearfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-19-1913 by Ord. No. 221 (Ch. 43, Art. I, of the 1966 Code)]
The sale, discharge, firing or use of all firecrackers, rockets, torpedoes, Roman candles or other fireworks or substances designed or intended for pyrotechnic display, and of all pistols, canes, cannons or other appliances using blank cartridges or caps, is hereby prohibited in the Borough of Clearfield, Clearfield County, Pennsylvania.
The sale of fireworks at retail is prohibited in the Borough of Clearfield.
The storage or sale of fireworks at wholesale is prohibited in the Borough of Clearfield except by permit from the Borough Council issued for a period of not more than one year. Application for permit must be filed with the Chief of the Fire Department at least 30 days previous to the issuing of the permit and must give detailed description of the proposed care and storage of said materials, and of the structural conditions and occupancies of the building.
Permits may be issued only after an inspection of the premises by the Chief of the Fire Department, who shall file with the Clerk of Council a certificate of approval or disapproval with the reasons therefor.
Any person or persons violating any of the provisions of this article shall, upon conviction before the Mayor or a Magisterial District Judge, be sentenced to pay a fine of not less than $3 nor more than $50, and, in default of the payment thereof, with costs, shall undergo imprisonment in the county jail for a period not to exceed 30 days.
All ordinances and parts of ordinances inconsistent herewith be and the same are hereby repealed.
This article shall take effect and be in force from and after its passage and legal publication.
[Adopted 8-7-1939 by Ord. No. 495 (Ch. 43, Art. II, of the 1966 Code)]
It shall be the duty of any person, copartnership, association or corporation desiring to explode any fireworks, as defined in the Act of Assembly of the Commonwealth of Pennsylvania, No. 65, approved May 15, 1939,[1] in a public display, to apply in writing to the Mayor of the Borough of Clearfield for a permit, at least 15 days in advance of the proposed display.
[1]
Editor's Note: Act 65 of 1939 was repealed. See now 3 Pa.C.S.A. § 1101 et seq.
Such application shall set forth:
A. 
The name of the organization sponsoring the display, together with the names of the persons actually in charge of the firing of the display.
B. 
The date and time of day at which the display is to be held.
C. 
The exact location planned for the display.
D. 
The name, age and experience of the persons who are to do the actual discharging or exploding of the fireworks.
E. 
The descriptions of the numbers and kind of fireworks to be discharged.
F. 
The manner and place of storage of such fireworks prior to the display.
G. 
A diagram or sketch of the grounds on which the display is to be held, showing the point at which the fireworks are to be discharged, the location of all buildings, highways and other lines of communication, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph, telephone and electric lines, or other overhead obstruction.
H. 
The application shall be verified by affidavit.
The Chief of the Volunteer Fire Department of the Borough of Clearfield or the Assistant Chief thereof shall make an inspection of the place stated in the application and shall determine whether or not the proposed display is hazardous to property or persons, and if he finds the same not to be hazardous shall so endorse and approve the application.
Before the issuance of any permit, the applicant shall file a bond in the amount of $5,000, said bond running to the Borough of Clearfield to the use of any person who may have a claim thereunder, conditioned for the payment of all damages which may be caused either to person or persons or property by reason of the licensed display, and arising from any acts of the licensee, his agents, employees or subcontractors. Such bond shall have adequate real estate or corporate surety or sureties. In lieu of such bond, there may be filed a public liability insurance bond issued to the applicant in the amount of $5,000 by any insurance or bonding company authorized to do business in the Commonwealth of Pennsylvania, and providing for the payment of any liability for damages to persons or property arising from the holding of the licensed public display of fireworks.
Applications for permits hereunder shall be filed with the Mayor, shall be transmitted by him to the Chief or Assistant Chief of the Fire Department of the Borough of Clearfield and shall be returned to the Mayor who shall then issue a permit for the display if the application has been approved by the Chief or Assistant Chief of said Fire Department. A fee of $5 shall be paid at the time of the filing of each application. Said license or permit, when issued, shall not be transferable.
The Police Department of the Borough of Clearfield shall have the right to cause said public display to be stopped unless it is conducted in strict accordance with the statements made in the application for the permit and so as not to be hazardous to property or to endanger any person or persons.