[HISTORY: Adopted by the Borough Council of the Borough of Lansdowne 6-12-1950 by Ord. No. 724. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A. Includes any combustible or explosive composition or any substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges and toy cannons in which explosives are used, the type of balloon which requires fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Day-Glo bombs, sparklers or other fireworks of like construction, and any fireworks containing any explosive or flammable compound or any tablets or other device containing any explosive substance.
- B. Does not include toy pistols, toy canes, toy guns or other devices in which paper caps containing twenty-five-hundredths grains or less of explosive compound are used, provided that they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper caps which contain less than twenty-hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times.
- Any association or other organization or group of individuals,
whether or not incorporated, to whom a permit is granted by the Borough
Manager in accordance with the provisions of this chapter.[Amended 6-16-1999 by Ord. No. 1155; 6-21-2000 by Ord. No. 1163]
No fireworks shall be displayed without first obtaining the permit required by this chapter.
[Amended 6-16-1999 by Ord. No. 1155]
No fireworks shall be displayed or ignited unless the operator is approved as competent by the Borough Manager.
Permits shall be granted only for the purpose of public display of fireworks.
[Amended 6-16-1999 by Ord. No. 1155]
Before issuing a permit, the Borough Manager shall receive from every licensee a surety satisfactory to the Borough Solicitor in the form required by any Act of Assembly then in force and shall require an additional bond in form satisfactory to the Borough Solicitor with corporate surety satisfactory to the Borough Solicitor conditioned for the payment of all damage caused either directly or indirectly to persons or property as a result of such public display of fireworks except such damage as may be in any part caused by the contributory negligence of the person injured or of the person in charge of any property which may be damaged, the amount of such injury or damage to be collectible by any person suffering personal injury or damage to his property in a suit commended by such person in the name of the Borough to the use of the person injured or whose property is damaged.
If the applicant for a permit is not able to obtain a surety bond of the kind required by this section, the applicant may submit a valid and current certificate of insurance showing that the applicant, and/or its fireworks operator or contractor, has general liability coverage with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate, or such other higher limits as the Borough Council shall from time to time set by resolution. Any such certificate of insurance shall provide, among other things, that the Borough of Lansdowne is an additional insured.
[Added 6-21-2000 by Ord. No. 1163]
The use or display of any single device or unit of fireworks piece in violation of the terms of this chapter and the permit granted in accordance with the terms of this chapter shall constitute a separate violation, and each such act shall be a separate offense for which a fine may be imposed as provided in § 182-8 of this chapter.
[Amended 6-21-2000 by Ord. No. 1163]
No permit shall be issued except to a nonprofit corporation or association which has been continuously in existence for two or more years before the date of the granting of the permit, holding regular meetings and having regularly elected officers, the majority of whose members are citizens of the Borough of Lansdowne at the date of the application for a permit and at the date of the issuance of any permit hereunder.
[Amended 9-21-1988 by Ord. No. 1080; 6-16-1999 by Ord. No. 1155]
Any person, firm, copartnership, association or corporation who shall violate any provision of this chapter shall, upon being found guilty before a Magisterial District Judge, be fined not more than $1,000, plus costs of prosecution, and in default of payment of such fine and costs, be imprisoned for not more than 30 days.