[HISTORY: Adopted by the Board of Supervisors of the Township of
Kidder 7-19-1988 by Ord. No. 65. Amendments
noted where applicable.]
A.
No person shall offer for sale, buy or sell at wholesale
or retail, or use or explode any fireworks within the Township unless he shall
comply with the provisions of the Act of May 15, 1939, P.L. 134, as amended,
35 P.S. § 1271 et seq.
B.
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 the Township of Kidder, unless a permit therefore is first granted
by Board of Supervisors of said Township as hereinafter provided.
A.
Any organization or group of individuals desiring to
explode any fireworks as defined in the above-cited Act in a public display
must apply, in writing, for a permit at least 20 days in advance of the date
of the proposed display. The fee for such permit is $300, plus an additional
$25 payable to the Township. Payment for such permit shall be made with two
checks: one payable to the appropriate fire company within the Township within
whose district the display is to take place in the amount of $300, and a check
to the Township of Kidder in the amount of $25. Such fee is to cover cost
of regulation and enforcement of this chapter. Such application shall be certified
by the applicant and shall set forth:[1]
(1)
The name of the individuals or organization sponsoring
the display, together with the name, age, experience and physical characteristics
of the person actually in charge of the firing of the display;
(2)
The date and time of day at which the display is to be
held;
(3)
The exact location plan for the display;
(4)
The number and kinds of fireworks to be discharged;
(5)
The manner and place of storage of such fireworks prior
to display; and
(6)
A diagram 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; and the location of all nearby trees,
telegraph or telephone lines, electric wires or other overhead obstruction.
(7)
Such permit shall also contain an appropriate place for
signature of a representative of the fire company within whose district the
display shall take place certifying that they have reviewed the application
for the permit, inspected the area for which it is to be displayed and that
they agree and concur in the issuance of the permit.
B.
No permit shall be issued until the Board of Supervisors,
after consultation with the appropriate Fire Department of the Township, shall
have approved the application.
C.
Before the Board of Supervisors approves any application
it shall:
D.
If the appropriate Fire Department, in consultation with
the Board of Supervisors, shall ascertain that the proposed display is to
be given in a proper place by a competent operator so it shall not be hazardous
to property or endanger any person or persons, it shall so endorse and approve
the application.
E.
The Board of Supervisors, from time to time, by resolution,
shall designate the individual responsible for receipt, review and issuance
of applications made under this chapter. Such individual shall also be responsible
for enforcement of the chapter.
F.
If and after such permit shall have been granted, possession,
sale, use and distribution of fireworks for such display shall be lawful for
that purpose as set out in the application and permit only. No permit granted
hereunder shall be transferable. The Police Department of the Township shall
also be empowered to enforce the chapter as set out herein.
The appropriate Fire Department within the Township of Kidder shall
be present at the firing of any licensed public display of fireworks, and
shall have the right to cause the 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 endanger any person.
The Board of Supervisors of the Township of Kidder shall require a bond
deemed adequate given by the permittee or licensee in a sum not less than
$5,000 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 act 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 48 hours, apply to the authority
having granted the same, setting forth under oath the fact that such display
was not made, giving the reason therefore, and requesting a continuance of
such permit for a day designated therein, not later than one month 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 the said
application not later than one month after the original day designated in
the permit, and such extension of time shall be granted without the payment
of additional fee and without requiring any bond other than the one given
for the original permit, the provisions of which shall extend to cover all
damages which may be caused by reason of said display taking place at such
extended day in the same manner and to the same extent if such display had
taken place on the day originally fixed in the permit.
A.
In lieu of the bond required in § 102-4 above, or in addition thereto, the Board may require proof of insurance, given or provided by the permittee or licensee within the limits of liability in amounts determined to be adequate by the Board, but in no case less than $1,000,000, which shall specifically name as additional insureds Kidder Township, the Board of Supervisors of Kidder Township, and the appropriate fire company within whose district the display is to take place, any fair or exposition, association or other sponsoring organization or committee, the named insured, any public authority granting a permit or giving permission to the named insured and any independent contractor who fires the display on behalf of the insured.
B.
The permittee shall agree to hold harmless and indemnify
Kidder Township, the Board of Supervisors of Kidder Township, and the appropriate
fire company within whose district said display takes place, and any public
authority granting a permit or giving permission to the named insured from
any liability arising from the display for which the permit is issued.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a District Justice
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.
