[Ord. 769, 9/2/2008]
Except as otherwise provided below in this Part for public fireworks
displays, it shall be unlawful within the Borough of Selinsgrove for
any person or persons to light or fire off or have in his possession
or expose to sale any fireworks except devices in which paper caps
containing 0.25 grain or less of explosive compound are used and which
are so constructed that the hand cannot come into contact with the
cap when in place for the explosion and except, further, toy pistol
paper caps containing less than 0.25 grain of explosive compound.
[Ord. 769, 9/2/2008]
It shall be unlawful for any person, persons, firms, corporations,
associations, or any other organizations or groups of individuals,
to have or hold public displays of fireworks as such term is defined
in 35 P.S. Section 1271 et seq., as amended, within
the Borough of Selinsgrove unless and until a permit therefore is
first granted by the Borough as provided below.
[Ord. 769, 9/2/2008]
It shall be unlawful for any person, persons, firms, corporations,
associations, or any other organizations or groups of individuals,
to have or hold public displays of fireworks as such term is defined
in 35 P.S. Section 1271 et seq., as amended, within
the Borough of Selinsgrove unless such display is performed by a competent
operator duly certified by the Commonwealth of Pennsylvania.
[Ord. 769, 9/2/2008; as amended by Ord. 825, 10/3/2016]
1. The Borough
Manager, or his or her designee, shall issue fireworks display permits
after the approval of the Fire Chief has been certified on the application.
A permit issued shall be valid only for the date specified thereon.
2. If by
reason of unfavorable weather the display for which a permit has been
issued does not take place at the time and date so authorized, the
person to whom such permit was issued may within 24 hours apply to
the Borough, setting forth under oath the fact that such display was
not made, given the reason therefore, and requesting a continuance
of such permit for a day designated therein, not later than one week
after the date fixed originally in said permit. Upon receiving such
application for a continuance the Borough, if it believes the facts
stated therein are true, shall extend the original date designated
in the permit, and such extension of time shall be granted within
the payment of any additional fee and without requiring a certificate
of insurance 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 the 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.
3. Cost of
the permit shall be in an amount as established, from time to time,
by resolution of Borough Council, for each display held by the permittee,
payable to the Borough prior to the issuance of the permit.
4. Permits
are not transferable.
[Ord. 769, 9/2/2008; as amended by Ord. 825, 10/3/2016]
1. Any persons violating §
13-301 of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $25 nor more than $1,000 plus costs and reasonable attorney fees incurred by the Borough in the enforcement proceeding and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.
2. Any person violating §§
13-302,
13-303,
13-306 and/or
13-308 of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $300 nor more than $1,000 plus costs and reasonable attorney fees incurred by the Borough in the enforcement proceeding and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.