The manufacture of fireworks is prohibited within the Borough. The display
or discharge of fireworks shall comply with the requirements of this chapter.
A permit shall be obtained from Council or its designee for the display
or discharge of fireworks.
Application for permits to display fireworks shall be made in writing
by qualified persons at least 30 days in advance of the date of the display
or discharge of fireworks. The possession, use and distribution of fireworks
for such display shall be lawful under the terms and conditions approved with
the permit and for that purpose only. A permit granted hereunder shall not
be transferable, nor shall any such permit be extended beyond the dates set
out therein, and shall be limited only to the site or sites approved by Council,
which in Council's opinion, will not be hazardous to property or impose such
conditions as it deems reasonable and necessary for the protection of persons
and property, and may impose such financial security/insurance requirements
as it determines to be reasonable.
A.Â
The term "fireworks" shall mean and include 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 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.
B.Â
The term "fireworks" shall not include sparklers, toy
pistols, toy canes, toy guns or other devices in which paper caps containing
0.25 grain 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 .20 grain 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.
A.Â
It shall be a violation of this chapter for any person
to store, or use or explode any fireworks, except as provided in the rules
and regulations issued by Council, its designee, or fire official for the
granting of permits for supervised public displays of fireworks by the Borough
or other organizations.
B.Â
Every such display shall be handled by a competent operator
approved by Council or its designee. The fireworks shall be arranged, located,
discharged or fired in a manner that, in the opinion of Council or its designee,
will not be a hazard to property or endanger any person.
The permittee shall furnish a bond in an amount deemed adequate by the
Borough but not less than $500, conditioned for the payment of all damages
which may be caused either to a person or persons or to property by reason
of the permitted display, and arising from any acts of the permittee, the
permittee's agents, employees or subcontractors.
Unfired fireworks and trash that remain after the display is concluded
shall be immediately disposed of in a safe manner approved by the designated
Borough fire official.
The fire official shall seize, take, remove or cause to be removed at
the expense of the owner, all stocks of fireworks offered or exposed for display,
stored, or held in violation of this chapter.
Any person, firm or corporation who shall violate any provision of this
chapter shall, upon conviction thereof, be sentenced to pay a fine of not
more than $600 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days. Every day that a violation
of this chapter continues shall constitute a separate offense.
