[HISTORY: Adopted by the Board of Commissioners of the Township of Penn 8-21-2006 by Ord. No. 824. Amendments noted where applicable.]
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 Penn, unless a permit therefor is granted by the Board of Commissioners of said Township, as hereinafter provided.
Every such display within the limits of said Township shall be handled by a competent operator, and which display shall be of such character and so located, discharged or fired as, in the opinion of the Board of Commissioners, or its duly authorized representative, after proper inspection, shall not be hazardous to property or endanger any person or persons.
Application for permits shall be made in writing to the Township Manager 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 or owners thereto in writing attached. All applicants shall submit to the Township of Penn a permit fee, which shall be established from time to time by resolution of the Board of Commissioners of the Township of Penn. In addition to said fee, a permit shall not be issued until proof of liability insurance, required by § 84-5, is presented to the Township of Penn.
If and after such permit shall have been granted by Township Commissioners 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 Commissioners of the Township of Penn shall require liability insurance. A certificate of insurance shall be filed with the Township Manager before a permit may be issued. Said certificate of insurance shall be in an amount of $1,000,000 or greater, which shall insure the payment of damages caused to any person or persons, and to any property of any person or persons by reason of the license display, and arising from any acts of the licensee, its agents, employees or subcontractors.
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 72 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 Township, 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.
Any person, copartnership, association or corporation violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $300 or, in the case of individuals, the members of a partnership or corporation, by imprisonment not exceeding 90 days, or by both such fine and imprisonment.