[HISTORY: Adopted by the Borough Council of the Borough of
Dalton 6-11-2009 by Ord. No. 3-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Large gatherings — See Ch. 209.
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 Dalton unless a permit therefor is first granted by the Borough
of Dalton as hereinafter provided.
A.
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
of Dalton at least 15 days in advance of the proposed display.
B.
Applications for a fireworks display permit will be available at
the Borough of Dalton Administrative Offices during normal business
hours and must be completed and signed by the applicant or an officer
or authorized agent of the applicant.
C.
The permit application will contain as a minimum the following:
(1)
Name, address, telephone number and fax number (if applicable) of
the applicant and, if the applicant is an organization, the names,
address, telephone number and fax number (if applicable) of the contact
person for the organization;
(2)
Name of the individual or organization that will be responsible for
providing the fireworks and detonation. The individual or organization
responsible for providing and detonating the fireworks will provide
a list of credentials, experience and qualifications as part of the
application process;
(3)
Proposed site and date and time of the fireworks display;
(4)
Number and kinds of fireworks to be discharged;
(5)
The manner and place of storage of such fireworks prior to display;
and
(6)
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.
A site inspection of the proposed site for the fireworks display
shall be conducted by the Fire Chief of the Dalton Fire Department,
or his or her designee.
B.
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.
C.
The Fire Chief, or his or her designee, shall designate the area
from which the display will originate 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 firefighters and
firefighting equipment will be required at the display.
D.
The approval of the application by the Fire Chief, or his or her
designee, will be required prior to the issuance of a fireworks display
permit by the Borough.
E.
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 Lackawanna 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 Lackawanna County Communications
Center (911) at the conclusion of the display as well.
F.
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.
A.
Applicants shall, at the time of the application, provide a certificate
of insurance to the Borough with a minimum limit of insurance of $1,000,000
and naming the Borough as an additional insured. The individual or
organization responsible for providing and detonating the fireworks
will also provide a certificate of insurance to the Borough with a
minimum limit of insurance of $1,000,000 and naming the Borough as
an additional insured.
B.
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.
A.
The Borough Secretary, or his or her designee, will issue fireworks
display permits after approvals by the Fire Chief have been certified
on the application. Permits will be issued and validated on a per-event
basis.
B.
Cost of the permit will be as set pursuant to resolution of the Dalton
Borough Council for each display held by the permittee, payable to
the Borough prior to the issuance of the permit. Additionally, if
the Borough determines that any additional insurance is necessary
in order to protect the Borough, then the applicant will obtain at
its expense the additional insurance necessary to protect the Borough.
Also, if there any additional costs associated with the permit review
process, those additional costs will be passed on to the applicant.[1]
C.
Permits are not transferable.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to undergo imprisonment for not more than 30 days, provided
that each violation of any provision of this chapter and each day
the same is continued shall be deemed a separate offense.
This chapter is enacted by the Borough of Dalton under the authority
of the Act of Legislature, February 1, (1966) 1965, P.L. 1656, No.
581, § 1005, known as the Borough Code, as recodified and
amended (see now 8 Pa.C.S.A. § 1005), and any other applicable
law arising under the laws of the Commonwealth of Pennsylvania.
