[Ord. 292, 10/7/1992; as amended at time of adoption of Code
(see Ch. AO)]
1. Scope. The manufacture of fireworks is prohibited within the Township. The display or discharge of consumer or display fireworks shall comply with the requirements of the Fireworks Law, 35 P.S. § 1271 et seq., and the provisions of the International Fire Code, 2009 edition, as amended, supplemented or replaced, implemented by the Uniform Construction Code [Chapter
5, Part
1].
2. Permit Required. A permit shall be obtained from the Township for the display or discharge of display fireworks in compliance with the provisions of the Fireworks Law, 35 P.S. § 1271 et seq., and the International Fire Code, 2009 edition, as amended, supplemented or replaced, implemented by the Uniform Construction Code [Chapter
5, Part
1].
3. Permit Applications. Application for permits shall be made in writing
at least 15 days in advance of the date of the display. Application
for said permit shall be made pursuant to the procedure provided in
the International Fire Prevention Code, 2009 edition, as amended,
supplemented or replaced. 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 be transferable, but may not be extended beyond the
dates set out therein. Permit applications shall be administered by
the officer of the Township charged with enforcement of the International
Fire Code or such other officer of the Township who may be designated
to perform such administration.
A. A nonrefundable
permit application fee of $100 shall accompany the application, which
fee may be adjusted from time to time by resolution of the Board of
Supervisors.
B. Any person
aggrieved by the grant or denial of a permit may appeal and request
a Local Agency Law hearing by submitting such request to the Richland Township
Secretary within 10 days of the date of the action being appealed
from. Such request for a hearing must be accompanied by a nonrefundable
appeal fee in the amount of $50 and must state the grounds for the
appeal. The appellant shall also be responsible for the cost of advertising
a Local Agency Law hearing and any court reporter costs incurred by
the Township in connection therewith. The Board of Supervisors may
serve as the hearing tribunal and render a decision or may appoint
a hearing officer or other hearing body to hold the hearing and render
a decision.
C. No application
shall be accepted from, nor shall a permit be issued to, an applicant
under 21 years of age.
D. Permit applications may be denied if the applicant fails to show that the applicable requirements of this Subsection
3 and §
7-202 herein will be met. Permit denials shall state the reasons for denial and the deadline for appeal.
4. Definitions. The following terms are defined as follows:
CONSUMER FIREWORKS
A.
Any combustible or explosive composition or any substance or
combination of substances intended to produce visible and/or audible
effects by combustion and which is suitable for use by the public
that complies with the construction, performance, composition and
labeling requirements promulgated by the Consumer Products Safety
Commission in 16 CFR (relating to commercial practices) or any successor
regulation and which complies with the provisions for "consumer fireworks"
as defined in the American Pyrotechnics Association (APA) Standard
87-1, or any successor standard.
B.
The term does not include devices as "ground and handheld sparkling
devices," "novelties" and "toy caps" in APA Standard 87-1, the sale,
possession and use of which shall be permitted at all times throughout
this Township.
DISPLAY FIREWORKS
Large fireworks to be used solely by professional pyrotechnicians
and designed primarily to produce visible or audible effects by combustion,
deflagration or detonation. The term includes, but is not limited
to:
A.
Salutes that contain more than two grains or 130 milligrams
of explosive materials;
B.
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
C.
Other display pieces that exceed the limits of explosive materials
for classification as consumer fireworks and are classified as fireworks
UN0333, UN0334 or LJN0335 under 49 CFR 172.101 (relating to purpose
and use of hazardous materials table).
[Ord. 292, 10/7/1992; as amended at time of adoption of Code
(see Ch. AO)]
1. General; Responsibilities of Permittee for Display Fireworks. It shall be a violation of this Part for any person to conduct a public or private display of display fireworks within the Township except in accordance with a permit issued upon application as provided in §
7-201, Subsection
3, of this Part.
A. Every such display shall be handled by a competent operator and shall
be of such a character and so located, discharged or fired as, in
the opinion of the officer of the Township charged with enforcement
of the International Fire Code, or such other officer of the Township
as may be designated from time to time, in writing, after proper inspection,
to not be hazardous to property or endanger any person or persons.
After such privilege shall have been granted, possession and use of
display fireworks for such display shall be lawful for that purpose
only.
B. Permittee is responsible for reimbursement of any expenses incurred
by the fire department or other Township officer responsible for inspecting
the display.
C. Only after
a display has been inspected, or where the chief of the fire department
or his designee attend the event, may the display be set off.
D. The permittee
agrees to remove any debris or other litter relating to the display
from public spaces, streets and ways within 24 hours of the display.
Failure to do so may result in the partial forfeiture of the bond
for the cost of Township employees to perform the work.
E. The permittee,
by applying for and receiving a permit, agrees to indemnify the Township
from any claims, lawsuits or other legal challenges arising from permittee's
display.
2. Request for Permit Extension.
A. Authorization.
If, because of unfavorable weather, the display for which a permit
has been granted does not occur at the time authorized by the permit,
the person to whom the permit was issued may within 24 hours apply
for a request for extension to the municipality which granted the
permit.
B. Contents
of request. The request for extension shall state under oath that
the display was not made, provide the reason that the display was
not made and request a continuance of the permit for a date designated
within the request, which shall be not later than one week after the
date originally designated in the permit.
C. Determination.
Upon receiving the request for extension, the municipality, if it
believes that the facts stated within the request are true, shall
extend the provisions of the permit to the date designated within
the request, which shall be not later than one week after the date
originally designated in the permit.
D. Conditions.
The extension of time shall be granted without the payment of an additional
fee and without requiring a bond other than the bond given for the
original permit, the provisions of which shall extend to and cover
all damages which may be caused by reason of the display occurring
at the extended date and in the same manner and to the same extent
as if the display had occurred at the date originally designated in
the permit.
3. Bond for Display. The permittee shall furnish a bond in an amount
deemed adequate by the Township but not less than $50,000, 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.
4. Seizure of Fireworks. Any police officer of any police force serving
the Township shall take, remove or cause to be removed at the expense
of the owner, all stocks of display fireworks or combustibles offered
or exposed for sale, stored, or held in violation of this Part or
the Fireworks Law, 35 P.S. § 1271 et seq. The owner shall
also be responsible for the storage and, if deemed necessary, the
destruction of these fireworks.
[Added at time of adoption of Code (see Ch. AO)]
A person may not intentionally ignite or discharge:
1. Consumer
fireworks on public or private property without the express permission
of the owner.
2. Consumer
fireworks or sparkling devices within, or throw consumer fireworks
or sparkling devices from a motor vehicle or building.
3. Consumer
fireworks or sparkling devices into or at a motor vehicle or building
or at another person.
4. Consumer
fireworks or sparkling devices while the person is under the influence
of alcohol, a controlled substance or another drug.
5. Consumer
fireworks within 150 feet of an occupied structure.
[Ord. 292, 10/7/1992; as amended by Ord. 325, 7/3/1996; by
Ord. 336, 2/5/1997; and at time of adoption of Code (see Ch. AO)]
Any person who violates or permits a violation of this Part
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
Part. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
