[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Gwynedd 10-25-1976 by Ord. No. 76-12. Amendments noted where applicable.)
Noise abatement — See Ch. 124.
Parades and assemblies — See Ch. 132.
Editor's Note: The title of this chapter was amended from "Fireworks" to "Special Events" 7-27-2015 by Ord. No. 2015-06.
[Amended 7-27-2015 by Ord. No. 2015-6]
The purpose of this chapter is to provide for the issuance of permits for all parades, fireworks displays and events in order to protect the public health and safety and to require the removal of all advertising signs, posters, handbills and directional signs pertaining to said event.
As used in this chapter, the following terms shall have the meanings indicated:
- Any activity, sale, show or athletic competition which is advertised publicly by at least one of the following methods: newspapers, radio, television, billboard display, handbills, posters or signs, including directional signs, except the following:
- A. Money-raising events of the Upper Gwynedd Fire Company where few signs or posters are used.[Amended 4-22-1985 by Ord. No. 85-6]
- B. Money-raising events of churches where the only signs are located on the church property.
- C. Sales by commercial establishments where no signs or directional signs are placed off the premises.
- D. Regular and special religious services at places of worship and all regular activities of such religious organizations.
- E. The regular and usual meetings and events of schools, municipal government, athletic and other clubs, fire company (including auxiliary), Boy Scouts and Girl Scouts and similar organizations.
- FIREWORKS DISPLAY
- Any show, exhibition or discharge of fireworks.
- 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, the type of unmanned balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, aerial fireworks or other fireworks of like construction, and any fireworks containing any explosive or flammable compound or any tablets or other device containing an 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 grains or less of explosive compound are used, providing 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 grains of explosive mixture, 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 1/10 of an ounce, and water in the reservoir of the cannon and in which ignition results upon the creation of a spark.
- Any show, march or exhibition to be conducted on any public highway.
[Amended 4-22-1985 by Ord. No. 85-6; 7-27-2015 by Ord. No. 2015-6]
Permit required. No person shall conduct any parade, fireworks display or event within the Township of Upper Gwynedd without first obtaining a permit for said event. For fireworks displays, a permit shall be obtained from the Upper Gwynedd Fire Marshal. For parades or other events except fireworks displays, a permit shall be obtained from the Upper Gwynedd Chief of Police.
Any person desiring a permit for any parade or event other than a fireworks display shall apply, in writing, to the Upper Gwynedd Chief of Police at least 15 days prior to the date set for the aforesaid event. Any person desiring a permit for a fireworks display shall apply, in writing, to the Upper Gwynedd Fire Marshal at least 15 days prior to the date set for the aforesaid event.
The application shall set forth the following information, which shall be under oath:
Name or names of the applicant to be registered.
Date, time and place of the applied-for event.
Name of the owner of the property on which the event will take place and approval of the owner.
Designation of rain date, if any.
In the case of an application for fireworks display, the following additional information:
Name and address of the licensed operator in Pennsylvania.
Evidence that the applicant has posted bond or insurance conditioned upon the payment of all damages which may be caused either to property or to a person or persons by the acts of the applicant, his agents, employees, contractors or subcontractors. Said bond or insurance shall be in the amount of $500,000 for personal injury to any one person, $1,000,000 for any one accident and $1,000,000 for property damage. A certificate shall be included naming Upper Gwynedd Township as an additional insured. Also included shall be a workers' compensation insurance form.
Documentation that the display will meet the requirements of the 2009 International Fire Code, as amended, and NFPA 1123.
All display information, including type and size of shells, method of racking mortars, etc.
A diagram of the proposed display area showing the location of racks and distances to all pertinent areas, buildings, obstructions, etc.
A copy of a current ATF license to handle explosives.
A certificate of registration for the Commonwealth of Pennsylvania.
In the case of a parade, the proposed parade route.
Review of application; permit issuance. The Upper Gwynedd Chief of Police or his designee (in the case of parades or other events except fireworks displays) or the Upper Gwynedd Fire Marshal or his designee (in the case of fireworks displays) shall:
Receive and review the permit applications.
Issue a permit for the event if the application shows compliance with this chapter, with conditions deemed necessary or desirable to preserve and protect public safety and public and private property.
Keep records in chronological order of each event permitted.
Cost. Any cost to the Township caused by the permitted event shall be paid by the applicant upon receipt of the invoice from the Township. The estimate of expenses to the Township shall be deposited at the time of application.
No registration issued by the Township shall be transferred to any other person, corporation, organization or others.
The person so registered shall promptly exhibit the registration upon request of the Fire Chief or fire officer in charge and to any peace officers.
If the person registered proposes the posting of signs, posters, handbills, advertisements, etc., to advertise the parade, fireworks display or event, said person registered shall post with the Township cash or other surety in the sum of $100, which sum will be returned when the Township, through its designated employees, shall be satisfied that all signs, posters, handbills and advertisements have been removed from the Township.
No such signs, etc., as aforesaid, shall be posted more than two weeks prior to the advertised event and in no event shall same be placed on private property without the consent of the owner.
No signs, posters, handbills and advertisements shall be placed on any property, including utility poles and traffic control signs, without written permission of the owner.
[Amended 4-22-1985 by Ord. No. 85-6]
Any person or persons, firm or corporation who shall violate any of the provisions of this chapter, upon conviction thereof, shall be liable to pay a fine or penalty not to exceed $1,000 plus costs of prosecution for each and every offense. All fines and penalties imposed by this chapter are recoverable by summary proceedings before the Magisterial District Judge, and all suits or actions at law instituted for the recovery thereof are to be in the name and for the use of Upper Gwynedd Township, against which the offenses are committed. In default of payment of any fine or penalty imposed by any Magisterial District Judge under the provisions of this chapter, the person or persons so offending may be committed to the Montgomery County Prison for a period not exceeding 30 days.
[Amended 11-23-1992 by Ord. No. 92-15]
Each day a violation is committed shall constitute a separate offense and shall be punishable as such hereunder.
This section shall not preclude the Township from any other remedy it may have at law or equity.