[HISTORY: Adopted by the Borough Council of the Borough of South Waverly at time of adoption of Code, see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
It shall be unlawful for any person, firm or corporation, amusement park, fair association or other organization or group of individuals or commercial enterprise to sell, distribute or possess any fireworks, including but not limited to cherry bombs, firecrackers, Roman candles and other combustible projectiles normally associated with the display of fireworks.
It shall be unlawful for any person, firm or corporation, amusement park, fair association or other organization or group of individuals to have or to hold public displays of fireworks within the limits of the Borough of South Waverly unless a permit therefor is first granted by the Council of said borough as hereinafter provided.
Every such display within the limits of said borough shall be handled by a competent operator, to be approved by the Council, which display shall be of such character and so located, discharged or fired, in the opinion of the Council or its duly authorized representative, after proper inspection, as shall not be hazardous to property or endanger any person or persons.
Application for permits shall be made in writing to the Borough Secretary at least sixty (60) days in advance of the date of display, setting forth the proposed location of the display, the character thereof, the name and address of the operator and the name and address of the owner of the grounds on which the display is to be held, with the consent of such owner or owners thereof, in writing, attached. All applicants shall pay to the Borough Treasurer the sum of twenty dollars ($20.) before issuance of a permit. The operator shall also be required to present proof of liability insurance as set forth in § 67-6.
If and after such permit shall have been granted, possession, and use of fireworks for such display shall be lawful for the purpose only of display. No permit granted hereunder shall be transferable.
The sponsor of the fireworks display and the contractor putting on the display, in order to properly protect South Waverly Borough, shall present a certificate of insurance. This certificate shall specifically provide fireworks coverage and provide insurance policy limits equal to that the borough is currently holding at the time of the application. The sponsor of the event and the contractor displaying the fireworks shall also name the borough as an additional insured under each of their respective policies.
Anyone possessing, selling, using or distributing sparklers shall be exempt from the provisions of this chapter, and said sparklers shall be allowed in the borough.
Any person, copartnership, association, group or any organization or group of individuals violating any provisions of this chapter shall, upon conviction thereof before a District Justice, be liable to the payment of a fine of not more than six hundred dollars ($600.) for each such offense and, in default of payment of such fine and costs of prosecution, shall undergo imprisonment of not more than thirty (30) days in the county jail.