[HISTORY: Adopted by the Board of Supervisors of the Township
of Easttown 5-17-1954 by Ord. No. 15; amended in its entirety
at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Subsequent 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 intended to produce visual and/or audible effects by combustion
and which is suitable for use by the public that complies with the
construction, performance, composition and labeling requirements promulgated
by the Consumer Products Safety Commission in 16 CFR (relating to
commercial practices) or any successor regulation and which complies
with the provisions for consumer fireworks as defined in the American
Pyrotechnics Association (APA) Standard 87-1, or any successor standard.
The term does not include such devices as ground and handheld sparkling
devices, novelties and toy caps in APA Standard 87-1, the sale, possession
and use of which shall be permitted at all times throughout this Township.
Defined as provided in 27 CFR 555.11 (relating to meanings
of terms).
As used herein, refers to any Township, county and/or related
authority.
As used herein, refers to any natural person, any partnership,
any corporation and/or association.
The Township of Easttown, Chester County, Pennsylvania.
A.
Any person seeking to display consumer or display fireworks within
the territorial limits of Easttown Township must acquire a permit
from the Board and complete an application as provided by the Township.
B.
No person shall display consumer or display fireworks within the
limits of the Township without first obtaining a permit.
C.
No permit shall be issued to any person under the age of 18 years.
The display of consumer and/or display fireworks shall be only
at the location provided for in the approved permit.
A.
Any person applying for a permit to display fireworks within Easttown
Township shall have a minimum of five years' experience in displaying
and/or supervising consumer fireworks or display fireworks.
B.
Any person wishing to display fireworks within Easttown Township
shall be properly licensed by the state or federal government, if
so required.
C.
Prior to issuing a permit, an inspection shall be performed by the
volunteer fire company whose jurisdiction covers the area where the
display is intended to be held.
D.
Said Fire Chief shall approve said permit if, in the Fire Chief's
opinion, the display is not a hazard to property and/or persons.
E.
If the Chief requires certain accommodations or changes to approve
the permit, then said permit shall be approved upon the person displaying
said fireworks making any and all changes or recommendations as set
forth by the Chief.
F.
Any person displaying fireworks shall have on site during the entire
length of the display an ambulance staffed by sufficient personnel
and fire equipment staffed by sufficient personnel as determined by
the Fire Chief.
G.
Any person wishing to display fireworks within Easttown Township
shall provide the Township with a liability insurance policy in the
aggregate sum of at least $5,000,000 and proof of workers' compensation
coverage.
A.
Prior to the issuance of a permit, the Chief of the volunteer fire
company and/or his designee shall inspect the area and render an opinion
as to whether the display would present a hazard to property and/or
persons. The Chief shall promptly notify the Township whether his
inspection results in an approval or denial of the permit.
B.
The Chief or his designee may impose reasonable conditions upon the
display of fireworks and determine whether those conditions have been
implemented prior to issuing a permit.
A.
The fee for the permit shall be determined by resolution of the Board
of Supervisors from time to time.
B.
If the person wishing to make the display is a municipality and the
municipality displays fireworks on a regular basis at the same location,
then that municipality shall pay a one-time permit fee per year for
all displays occurring at that one location.
C.
The Township will divide said fee as follows: 50% to the Township
and 50% to the fire company that conducted the inspections.
The permit granted hereunder shall not be transferable.
The person wishing to conduct the display shall comply with
all federal and state laws.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge 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, including reasonable
attorneys' fees. 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.
