[A.O.]
The purpose of this Part is to protect the health, safety and
welfare of persons and property in Borough of Wellsboro by regulating
the use of fireworks. It is specifically prohibited to use display
fireworks (hereinafter defined) without first obtaining a permit through
Borough of Wellsboro.
[A.O.]
As used in this Part, the following terms shall have the meanings
indicated:
Borough of Wellsboro.
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.
[A.O.]
1.
The use of fireworks, whether consumer fireworks, display fireworks,
or other types of fireworks, is specifically prohibited at any location
within 150 feet of any structure, property line, vehicle or roadway
unless prior permission is received by all property owners within
the 150 feet, including the Borough, if it is a Borough road, or other
road owners.
[Amended by Ord. No. 691, 3/11/2019]
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.
[A.O.]
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 Borough of Wellsboro unless a permit is acquired
from the Borough, 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 licensed/certified
pyrotechnician. Said display must be conducted in a manner that will
not be hazardous to property or endanger persons. The permit officer
or his designee 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 Borough 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 Borough, from
time to time, by resolution, and shall further provide proof of liability
insurance. The Wellsboro Permit Officer or his designee are the only
individuals authorized to issue such permits and have the authority
to attach reasonable conditions to the permit, if deemed necessary
and approved by the Borough.
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., unless an extension is
granted by approval of Council.
6.
Liability insurance. The liability insurance shall be no less than
$2,000,000 and shall name Borough of Wellsboro 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 Borough 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.
[A.O.]
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
Borough representatives are authorized to stop said display in the
interest of public health, safety and welfare.
[A.O.]
Any person, individual, partnership, association, organization,
corporation or entity violating this Part shall, upon conviction,
pay a fine not exceeding $1,000 or by imprisonment not exceeding 90
days, or both.
