[HISTORY: Adopted by the Board of Supervisors
of the Township of Mahoning 10-20-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 29.
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 Mahoning, unless
a permit therefore is first granted by the Board of Supervisors of
said Township as hereinafter provided.
Every such display within the limits of said
Township shall be handled by a competent, licensed operator, and which
display shall be of such character and so located, discharged or fired,
as, in the opinion of the Board of Supervisors or their duly authorized
representative after proper inspection, shall not be hazardous to
property or endanger any person or persons.
A.
Application for permits shall be made in writing to
the Township Secretary 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.
B.
All applicants shall pay into the Township Zoning
Enforcement Officer a fee, as detailed in the then-current Schedule
of Fees for the Township, before issuance of a permit, and provide
proof of liability insurance.
The Board of Supervisors of the Township of
Mahoning shall require a bond deemed adequate by it given by the permittee
or licensee in an amount deemed appropriate by the governing body
but will not be in a sum less than $1,000,000 conditioned for the
payment of all damages caused to any person or persons, and to any
property by reason of the licensed display and arising from any acts
of the licensee, his or its agents, employees, or subcontractors,
which bond shall be filed with the Township Secretary before any permit
for a supervised public display of fireworks is delivered.
The permittee shall notify the local Fire Department
Chief of the time and place of any display at least one week in advance
of the display.
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 authority having granted the same, setting forth
under oath the fact that such display was not made, giving the reason
therefore, 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
said authority, 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, partnership, 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.
