[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:
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.
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]
A.
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.
B.
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.
