[HISTORY: Adopted by the Board of Supervisors of the Township
of Potter 9-10-2018 by Ord. No.
6-2018. Amendments noted where applicable.]
It shall be unlawful for any person, persons, firms or corporations,
amusement parks, fair associations or other organizations or groups
of individuals, to have or to hold public displays of fireworks within
the limits of the Township of Potter, unless a permit therefor is
first granted by the Board of Supervisors of said Township, as hereinafter
provided.
Every such display within the limits of said Township shall
be handled by a competent operator, and which display shall be of
such character and so located, discharged or fired, as in the opinion
of the Board of Supervisors, or their duly authorized representative,
after proper inspection, shall not be hazardous to property or endanger
any person or persons.
Application for permits shall be made in writing to the Township
Secretary at least 30 days in advance of the date of display, setting
forth the proposed location of the display, the character thereof,
name and address of the operator, and the name and address of the
owner or owners of the grounds on which the display is to be held,
with the consent of such owner or owners thereto in writing attached.
All applicants shall pay the Township a permit fee as set forth in
the Township's Fee Resolution.
The Board of Supervisors of the Township of Potter shall require
a bond deemed adequate by the Board of Supervisors from the applicant,
permittee, or licensee in an amount deemed appropriate by the Board
of Supervisors. The bond amount shall be no less than $1,000,000 and
shall be provided for the payment of any and all damages caused to
any person or persons, and to any property by reason of the fireworks
display and arising from any acts of the licensee, his or its agents,
employees, subcontractors or volunteers. The bond shall be in a form
acceptable to the Township and no permit for a fireworks display shall
be issued unless an acceptable bond is received by the Township.
If, and after, such permit shall have been granted by the Township,
possession, sale, use, and distribution of fireworks for such display
shall be lawful for that purpose only and only for the date stated.
No permit granted hereunder shall be transferable.
If, by reason of unfavorable weather, the display for which
a permit has been granted does not take place at the time so authorized,
the person to whom such permit was issued may within 24 hours apply
to the authority having granted the same, setting forth under oath
the fact that such display was not made, giving the reason therefor,
and requesting a continuance of such permit for a day designated therein,
not later than one week after the day fixed originally in said permit.
Upon receiving such application for a continuance the said authority,
if it believes the facts stated therein are true, shall extend the
provisions of said permit to the day fixed in said application, not
later than one week after the original day designated in the permit,
and such extension of time shall be granted without the payment of
any additional fee and without requiring any bond other than the one
given for the original permit, the provisions of which shall extend
to and cover all damages which may be caused by reason of said display
taking place at such extended date in the same manner and to the same
extent as if such display had taken place at the date originally fixed
in the permit.
Any person, partnership, association, or corporation violating
the provisions of this chapter shall be guilty of a misdemeanor, and
upon conviction thereof, shall be punished by a fine not exceeding
$300 or, in the case of individuals, the members of a partnership
or corporation, by imprisonment not exceeding 90 days or by both such
fine and imprisonment.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
This chapter shall become effective five days after its passage
or adoption.