[Ord. 11.12.2013.2, 11/12/2013, § 1]
The purpose of this Part is to protect the health, safety and
welfare of persons and property in Hepburn Township by regulating
the use of fireworks. It is specifically prohibited to use display
fireworks (hereinafter defined) without first obtaining a permit through
Hepburn Township.
[Ord. 11.12.2013.2, 11/12/2013, § 2]
Any combustible or explosive composite or any substance or
combination of substances, intending 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 as amended, or any successor regulation and which
complies with the provisions for "consumer fireworks" as defined by
the American Pyrotechnics Association Standard 87-1, as amended or
any successor standard. The term does not include devices such as
"ground handheld sparkling devices," "novelties" and "toy caps."
The ignition of "fireworks" as defined herein.
This term is defined as provided in 27 CFR 555.11, as amended.
Both consumer and display fireworks as defined herein.
Hepburn Township.
[Ord. 11.12.2013.2, 11/12/2013, § 3]
1.
The use of fireworks, whether consumer fireworks, display fireworks,
or other types of fireworks is specifically prohibited at any location
within 400 feet of any structure, property line, vehicle or roadway
unless prior permission is received by all property owners within
the 400 feet, including the Township, if it is a Township road, or
other road owners.
2.
The use of fireworks, whether consumer fireworks, display fireworks
or other types of fireworks shall be prohibited within any closed
structure, building or tent.
[Ord. 11.12.2013.2, 11/12/2013, § 4]
1.
It shall be unlawful for any person firms or corporations, associations,
organizations or individuals to use and/or hold public display of
"display fireworks" in Hepburn Township unless a permit is acquired
from the Township, and so long as said permit is in compliance with
all applicable local, state and federal laws and regulations relating
to said proposed fireworks display.
2.
Every fireworks display shall be handled by a competent pyrotechnician.
Said display must be conducted in a manner that will not be hazardous
to property or endanger persons. The Fire Chief of the fire company
responsible for fire protection in Hepburn Township shall inspect
the site where the event will occur and shall be responsible for issuing
the permit.
3.
Permit Process. An application for a permit shall be made in writing
to the Township at least 30 days in advance of the proposed use and
display and shall set forth the date, time and location of the use
and display, the character and duration thereof, the name and address
of the professional pyrotechnician, the name and address of the site
owner, and a copy of the permit required by the International Fire
Code. The application shall include copies of any and all local, state
or federal permits or licenses for the use and display of fireworks.
All applicants shall pay a permit fee as adopted by the Township,
from time to time, by resolution, and shall further provide proof
of liability insurance. The Fire Chief has the authority to attach
reasonable conditions to the permit, if deemed necessary and approved
by the Township.
4.
Permits are not transferable, and will not be issued to anyone under
18 years of age.
5.
Fireworks displays must end by 10:30 p.m.
6.
Liability Insurance. The liability insurance shall be no less than
$2,000,000 and shall name Hepburn Township as an additional insured.
7.
Continuance. If the fireworks display cannot occur on the date it
is permitted, the person to whom it is issued may, the following business
day, apply to the Township for a continuance of no more than seven
days after the original day designated. Said continuance shall be
granted without an additional permit fee being paid so long as the
liability insurance continues to that new date, so long as it is the
same fireworks display as applied for originally.
[Ord. 11.12.2013.2, 11/12/2013, § 5]
In the event of any violation of this Part or conditions or
terms of the permit, or in the event of an unsafe condition before
or during the fireworks display, all appropriate law enforcement of
Township representatives are authorized to stop said display in the
interest of public health, safety and welfare.
[Ord. 11.12.2013.2, 11/12/2013, § 6]
Any person, individual, partnership, association, organization,
corporation or entity violating the Part shall, upon conviction, pay
a fine not exceeding $1,000 or by imprisonment not exceeding 90 days,
or both.
