[HISTORY: Adopted by the Borough Council of the Borough of
Honesdale 4-9-2018 by Ord. No. 682.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Firearms — See Ch. 105.
Fire prevention — See Ch. 109.
Park and recreation areas — See Ch. 147.
[1]
Editor's Note: This ordinance also repealed former Ch. 110,
Fireworks, adopted 5-9-2016 by Ord. No. 672.
It shall be unlawful for any person, persons, firms or corporations,
amusement parks, fair associations, or any other organizations or
groups of individuals to have or to hold public displays of fireworks,
as that term is defined in the Act of May 15, 1939, P.L. 134, as amended,
35 P.S. § 1271 et seq.,[1] within the limits of the Borough of Honesdale unless a
permit therefor is first granted by the Borough as hereinafter provided.
[1]
Editor's Note: See now 72 P.S. § 9401 et seq.
A.
Any person, persons, firms or corporations, amusement parks, fair
associations, or any other organizations or groups of individuals
desiring to explode any fireworks as defined in the above-stated Act
in a public display must complete an application for a fireworks display
permit and submit the completed application to the Borough at least
30 days in advance of the proposed display.
B.
Applications for a fireworks display permit will be available at
the Borough office during normal business hours and must be completed
and signed by the applicant or an officer or authorized agent of the
applicant.
C.
The permit application shall contain, as a minimum, the following:
(1)
Name, address, telephone number, email, and fax number (if applicable)
of the applicant and, if the applicant is an organization, the name,
address, telephone number, email, and fax number (if applicable) of
the contact person for the organization.
(2)
Name of the individual or organization that will be responsible for
providing the fireworks and detonation.
(3)
Proposed site, date, and time of the fireworks display.
(4)
Number and kind of fireworks to be discharged.
(5)
The manner and place of storage of such fireworks prior to display.
(6)
Proposed fireworks site plan.
(7)
Compliance with the National Fire Protection Association standard
on fireworks displays, 2014 edition, specifically Sections 1123 and
1126.
(8)
Copy of a valid fireworks displays or exhibitions certificate of
registration from the Commonwealth of Pennsylvania for the individual
or organization that will be detonating the fireworks for the time
period in which the fireworks display is proposed.
(9)
Applicant's agreement to supply fire suppression on site on the date
of the fireworks display.
(10)
A post-fireworks site cleanup plan of and for any and all refuse,
debris and materials resulting from the display, together with a cleanup
schedule requiring all cleanup to be completed within three days following
the display.
[Added 3-28-2022 by Ord.
No. 712]
[Amended 3-28-2022 by Ord. No. 712]
A.
A site inspection of the proposed site for the fireworks display
shall be conducted by the Fire Chief of the Honesdale Fire Department
or his or her designee with the applicant. This inspection shall be
conducted at the discretion of the Fire Chief at a time to allow appropriate
pre-display review.
B.
The Fire Chief, or his or her designee, shall designate whether or
not the display is a fire hazard to any and all structures in the
immediate area of the display.
C.
The Fire Chief, or his or her designee, shall designate the area
where the display will originate from and allow fireworks to be detonated
from that area only and shall notify the applicant and the Borough
prior to the display as to whether the presence of firefighters and
firefighting equipment will be required at the display. The cost of
any firefighters and/or firefighting equipment shall be borne by the
applicant. An estimated cost of same shall be deposited by the applicant
at the discretion of the Fire Chief.
D.
The approval of the application by the Fire Chief, or his or her
designee, and the Parks and Recreation Commission will be required
prior to the issuance of a fireworks display permit by the Borough.
E.
Any and all holders of the fireworks permits will be required to
notify the Fire Chief, or his or her designee, at least 48 hours in
advance of the display and further notify the Wayne County Communications
Center (911) at least two hours in advance of the display notifying
them when and where fireworks will be displayed. Permit holders will
be required to notify the Wayne County Communications Center (911)
at the conclusion of the display, as well.
F.
The Fire Chief, or his or her designee, will not allow fireworks
displays if a declared drought emergency is in effect at the time
of the notification telephone calls.
A.
Applicants shall, at the time of the application, provide a certificate
of insurance to the Borough with a minimum limit of the insurance
of $2,000,000 and naming the Borough as an additional insured. This
may be accomplished with $1,000,000 in general liability insurance
and $1,000,000 umbrella policy.
B.
The permittee shall agree to hold harmless and indemnify the Borough,
its officers, agents and/or employees from any liability arising from
the display for which the permit is issued. This language shall appear
on the permit as issued.
A.
The Borough Secretary, or his or her designee, will issue fireworks
display permits after approvals by the Fire Chief have been certified
on the application and Borough Council approval. Permits issued shall
only be valid for the date or rain date(s) of the scheduled event
originally requested.
B.
The cost of the permit shall be $400 for each display held by the
permittee, payable to the Borough prior to the issuance of the permit.
However, $300 shall be remitted to the applicant upon restoration
of the fireworks display area to the full and complete satisfaction
of the Homesdale Borough Department of Public Works.
C.
Permits are not transferable.
[Amended 3-28-2022 by Ord. No. 712]
A.
Failure
to abide by any of the provisions of this chapter shall constitute
a violation subject to the following penalties and/or enforcement.
Each violation shall constitute a separate offense.
B.
Any person, association, corporation or other entity violating this
chapter shall be guilty of a summary offense and, upon conviction
thereof, shall be subject to a fine in an amount not exceeding $1,000.
C.
This chapter shall be enforced by the Homesdale Borough Police Department.
