[HISTORY: Adopted by the Borough Council of the Borough of Lehighton 12-19-2005 by Ord. No. 536-2005. Amendments noted where applicable.]
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., within the limits of the Borough of Lehighton unless a permit therefor is first granted by the Borough as hereinafter provided.
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 20 days in advance of the proposed display.
Applications for a fireworks display permit will be available at the Borough, administrative offices during normal business hours and must be completed and signed by the applicant or an officer or authorized agent of the applicant.
The permit application will contain at a minimum the following:
Name, address, telephone number and fax number (if applicable) of the applicant and, if the applicant is an organization, the name, address, telephone number and fax number (if applicable) of the contact person for the organization;
Name of the individual or organization that will be responsible for providing the fireworks and detonation;
Proposed site and date and time of the fireworks display;
Number and kinds of fireworks to be discharged;
The manner and place of storage of such fireworks prior to display; and
Site plan explaining all structures, structures occupied, overhead transmission lines, streets, parking areas, and areas where spectators for the display will be gathered. The site plan should also contain a symbol defining North and a sketch of the general area where the fireworks will be set off and the area they will be directed.
A site inspection of the proposed site for the fireworks display shall be conducted by the Fire Chief of the Lehighton Fire Department, or his or her designee.
The Fire Chief, or his or her designee, shall determine whether or not the display is a fire hazard to any and all structures in the immediate area of the display.
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 fire fighters and fire-fighting equipment will be required at the display.
The approval of the application by the Fire Chief, or his or her designee, will be required prior to issuance of a fireworks display permit by the Borough.
Any and all holders of fireworks display 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 Carbon 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 Carbon County Communications Center (911) at the conclusion of the display as well.
The Fire Chief, or his or her designee, will not allow fireworks displays if there is a ban on open burning and/or a declared drought emergency in effect at the time of the notification telephone calls.
Applicants shall, at the time of application, provide a certificate of insurance to the Borough with a minimum limit of insurance of $500,000 and naming the Borough as an additional insured.
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.
The Borough Secretary, or his or her designee, will issue fireworks displays permits after approvals by the Fire Chief have been certified on the application. Permits issued will be valid for one calendar year, beginning on January 1 of each year and concluding on December 31 of each year.
Cost of the permit will be $100 for each display held by the permittee, payable to the Borough prior to issuance of the permit.
Permits are not transferable.
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 $600.