FIREWORKS ORDINANCE

AN ORDINANCE REGULATING PUBLIC DISPLAYS OF FIREWORKS IN THE TOWNSHIP OF________, PROVIDING FOR THE GRANTING OF PERMITS FOR SUPERVISED PUBLIC DISPLAYS OF FIREWORKS, PRESCRIBING
SAFEGUARDS CONCERNING SAME, PROHIBITING PUBLIC DISPLAYS OF FIREWORKS AND THE POSSESSION, SALE, USE AND DISTRIBUTION
THEREOF FOR PURPOSES OTHER THAN PUBLIC DISPLAYS WITHOUT OBTAINING A PERMIT THEREFOR AND PRESCRIBING PENALTIES FOR VIOLATIONS

BE IT ORDAINED by the Board of Township Supervisors of the Township of_______, ________ County, Pennsylvania, and it is hereby ordained by the authority of the same that:

SECTION 1: 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_________, unless a permit therefor is first granted by the Board of Supervisors of said Township, as hereinafter provided.

SECTION 2: 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.

SECTION 3: Application for permits shall be made in writing to the Township Secretary at least thirty (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 of owners thereto in writing attached. All applicants shall pay the Township Treasurer the sum of Twenty ($20.00) Dollars before issuance of a Permit and provide proof of liability insurance.

SECTION 4: If and after such permit shall have been granted by Township Supervisors or designee, possession, sale, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

SECTION 5: The Board of Supervisors of the Township of ______ shall require a bond deemed adequate by it given by the permittee or licensee in an amount deemed appropriate by the governing body but will not be in a sum less than one Million ($1,000,000.00) Dollars conditioned for the payment of all damages caused to any person or persons, and to any property by reason of the licensed display and arising from any acts of the licensee, his or its agents, employees, or subcontractors, which bond shall be filed with the Township Secretary before any permit for a supervised public display of fireworks is delivered.

SECTION 6: 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 twenty-four (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.

SECTION 7: Any person, co—partnership, association or corporation violating the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding Three hundred ($300.00) Dollars or in the case of individuals, the members of a partnership or corporation, by imprisonment not exceeding ninety (90) days or by both such fine and imprisonment.

SECTION 8: All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

SECTION 9: This Ordinance shall become effective five (5) days after its passage or adoption.

This ordinance is merely a model and should only be used as a guide in developing your own ordinance. PSATS encourages you to review and discuss all proposed ordinances with your solicitor. Also, please understand that we cannot guarantee that this ordinance will withstand a court challenge.

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