[HISTORY: Adopted by the Council of the Borough of Darby 11-5-1928 by Ord. No. 277, approved 11-7-1928. Amendments
noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 74.
On and after December 1, 1928, it shall be unlawful and it is
hereby prohibited for any person, persons, firm or corporation to
store, sell, offer or expose for sale or have in possession with intent
to sell, or to use, discharge or cause to be discharged, ignited,
fired, thrown or otherwise set in action within the limits of the
Borough of Darby, any fireworks, firecrackers, rockets, sparklers,
torpedoes, roman candles, fire balloons or other fireworks or substances
of any combination whatsoever designed or intended for pyrotechnic
display; except after obtaining a license as hereafter provided.
It shall also be unlawful and it is hereby prohibited for any
person, persons, firm or corporation unnecessarily to discharge in
or into any street, highway or public place in such Borough any rifle,
gun, pistol, revolver, cane, cannon or other appliance, whether projecting
or exploding any bullet, cartridge, blank cartridge, cap or otherwise,
or any explosive substance or mixture of chlorates or nitrates.[1]
Licenses for the public display of fireworks by properly qualified
individuals or corporations or by the Borough officials under the
direct supervision of experts in the handling of fireworks may be
issued by the Mayor, in such form as may be prescribed, upon the furnishing
of such information as he and the Chief of Police may require, provided
that such display or displays shall be of such a character and so
located, discharged or fired as in the opinion of the Chief of Police,
after proper inspection, shall not be hazardous to property or endanger
any person or persons, and provided that application for such license
is made 15 days in advance of the date of display. To this end a license
may be issued to a dealer in the Borough of Darby to purchase and
bring into the said Borough and store here and deliver to the properly
qualified individuals or corporations or to Borough officials, as
above provided, fireworks for which a license for the public display
thereof has been issued as above provided, provided that such fireworks
are not brought into the Borough or stored here awaiting delivery
for a longer period than 30 days prior to the time they are to be
set off for public display.
Such fireworks or devices for pyrotechnic display may be stored
within the limits of the Borough of Darby when the license for such
storage has been issued by the Mayor of the Borough of Darby, provided
the building or premises in or upon which such storage is to be made
has been properly inspected by the Chief of Police and certified to
the Mayor as a proper place for such storage, and provided further
that no license shall be issued for such storage within 500 feet of
a school, hospital, church or other public institution or any building
used as a place of public assembly.
The provisions of this chapter shall not apply to articles of
the kind and nature herein mentioned which shall be in the possession
of railroads or transportation companies for the purpose of transportation,
unless the same shall be held voluntarily by such railroads or companies
as warehousemen, provided that none of the provisions of this chapter
shall apply to signaling devices used by railroad companies nor to
high explosives used for blasting or similar purposes.
The Chief of Police, with the approval of the Mayor, shall seize,
take, remove or cause to be removed, at the expense of the owner,
all stocks of fireworks or combustibles offered or exposed for sale,
stored or held in violation of this chapter.
[Amended 3-5-1975 by Ord.
No. 557, approved 3-5-1975]
Any person who shall violate any provisions of this chapter
shall, upon conviction thereof, be punishable by a fine of not more
than $300 and costs of such proceedings or, upon default of payment
of such fines and costs, by imprisonment in the county jail for a
term of not more than 30 days. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
