[HISTORY: Adopted by the Board of Commissioners
of the Township of Cheltenham as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-28-2018 by Ord. No. 2366-18]
A.
DISPLAY FIREWORKS
(1)
(2)
(3)
The following words, terms and phrases, when used in this article,
shall have the following meanings ascribed to them:
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:
Salutes that contain more than two grams or 130 milligrams of
explosive materials;
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
Other display pieces that exceed the limits of explosive materials
for classification as consumer fireworks and are classified as fireworks
UNO333, UNO334 or UNO 335 under 49 Code of Federal Regulations § 172.101
(relating to purpose and use of hazardous materials table).
From and after the passage of this article, it shall be unlawful
to possess or use display fireworks within Cheltenham Township without
obtaining a permit from Cheltenham Township to do so.
Permits shall be issued by the Township Fire Marshal, or his or her designee, upon application therefor, setting forth the identity of the professional pyrotechnician, the identity of the surety providing the bond referred to in § 194-4 below, and the time and place of the display covered by the permit or for any other purpose authorized by Act 43 of 2017 or its successor law.[1]
[1]
Editor's Note: See 72 P.S. § 7101 et al.
At the time of application to the Township Fire Marshal, or
his or her designee, the applicant shall submit a bond deemed adequate
by the Township in a sum not less than $50,000 conditioned for the
payment of all damages which may be caused to a person or property
by reason of the display and arising from an act of the permittee
or an agent, employee or subcontractor of the permittee.
If, because of unfavorable weather, a 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 Township Fire Marshal, or his or
her designee. 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. Upon receiving the request
for an extension, the Township Fire Marshal, or his or her designee,
if he/she 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. 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
on the date originally designated in the permit.
Any person, firm, association or corporation who or which shall
violate or fail to comply with any of the provisions of this article
shall, upon being found liable in a civil proceeding before a magisterial
district judge, shall pay a civil penalty of not more than $1,000
and costs of prosecution. Each separate day that a violation occurs
shall be deemed a separate violation.
