[HISTORY: Adopted by the Board of Supervisors of the Township of
Chestnuthill 6-3-1975 by Ord. No. 45. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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, firecrackers, torpedoes, skyrockets,
roman candles, aerial fireworks or other fireworks of like construction and
any fireworks containing any explosive or flammable compound or any tablet
or other device containing any explosive substance. The term "fireworks" shall
not include sparklers, toy pistols, toy canes, toy guns or other devices in
which paper caps containing 0.25 grain or less of explosive compound are used,
provided that 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 than 0.20 grain of explosive mixtures, 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 0.1 of an ounce, and water in the reservoir of the cannon and in
which ignition results upon the creation of a spark.
[Amended 6-25-1992 by Ord. No. 1992-06]
It shall be unlawful for any person, copartnership, association or corporation
within the Township of Chestnuthill, after the date of approval of this chapter,
to offer for sale, expose for sale, sell at retail or use or explode any fireworks,
except that the Supervisors of the Township shall have the power, under the
reasonable rules and regulations hereinafter set forth, to grant permits for
supervised public displays of fireworks to be held in said Township by the
municipality, fair associations, amusement parks and other organizations or
groups of individuals.
A.
A public display of fireworks may be given if a permit
therefor is granted by the Zoning Officer. Application for the aforesaid permit
shall be made, in writing, at least 15 days in advance of the date of display.
The aforesaid application shall include the following information:
[Amended 6-25-1992 by Ord. No. 1992-06]
(1)
The date and time when the display is to be held.
(2)
The exact place where the display is to be held.
(3)
The name, experience and qualifications of a competent
operator who is in charge of the display, who shall be approved by the Supervisors.
(4)
The approval of the Chief(s) of the appropriate Fire
Department(s), stating that, in his or their opinion, the display shall be
of such a character and so located and fired so as not to be a hazard to property
or endanger any persons or person.
(5)
A certificate of the insurance company of the party making
application, said insurance to be provided by a company duly authorized to
provide insurance for the Commonwealth of Pennsylvania and to be in amounts
of not less than $1,000,000 for property damage for each occurrence and $3,000,000
for bodily injury for each occurrence.
(6)
A bond from the party making application in the amount
of $1,000, conditioned for the payment of all damages which may be caused
either to a person or persons or to property by reason of the licensed display
and arising from any acts of the licensee, his agents, employees or subcontractors.
B.
After such permit shall have been granted, the sale,
possession, use and distribution of fireworks of such display shall be lawful
for that purpose only. No permit granted hereunder shall be transferable.
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 Supervisors,
setting forth under oath the fact that such display was not made, giving the
reason therefor and requesting the 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, said Supervisors, if they
believe the facts stated therein are true, shall extend the provisions of
said permit to the day fixed in said application, no later than one week after
the original day designated in the permit, such extension of time to 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 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.
Nothing in this chapter shall be construed to prohibit any resident
wholesaler, dealer or jobber to sell at wholesale such fireworks that are
not herein prohibited or the sale of any kind or fireworks, provided that
the same are to be shipped directly out of state or are to be used by a person
or organization holding a permit from the Township at the display covered
by such permit, or the use of fireworks by transportation agencies for signal
purposes or illumination or when used in quarrying, blasting or other industrial
use or the sale or use of blank cartridges for a show or theater or for signal
or ceremonial purposes in athletics or sports or for use by military organizations
or organizations composed of veterans of the United States military forces.
The Pennsylvania State Police, the Monroe County Sheriff or any Township
police officer or constable shall seize, take, remove or cause to be removed,
at the expense of the owner, all stocks of fireworks or combustibles offered
or exposed for sale or stored or held in violation of this chapter.
[Amended 6-25-1992 by Ord. No. 1992-05[1]]
Penalties for the illegal sale of fireworks shall be as set forth in
35 P.S. § 1277. Any person, copartnership, association or corporation
otherwise violating the provisions 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.
