Part 3
Fireworks Display
§13-301 Fireworks Limitations.
Except as otherwise provided below in this Part for public fireworks displays, it shall be unlawful within the Borough of Selinsgrove for any person or persons to light or fire off or have in his possession or expose to sale any fireworks except devices in which paper caps containing 0.25 grain or less of explosive compound are used and which are so constructed that the hand cannot come into contact with the cap when in place for the explosion and except, further, toy pistol paper caps containing less than 0.25 grain of explosive compound.
(Ord. 769, 9/2/2008)
§13-302 Permit Required for Public Fireworks Display.
It shall be unlawful for any person, persons, firms, corporations, associations, or any other organizations or groups of individuals, to have or hold public displays of fireworks as such term is defined in 35 P.S. §1271 et seq., as amended, within the Borough of Selinsgrove unless and until a permit therefore is first granted by the Borough as provided below.
(Ord. 769, 9/2/2008)
§13-303 Certified Competent Operator.
It shall be unlawful for any person, persons, firms, corporations, associations, or any other organizations or groups of individuals, to have or hold public displays of fireworks as such term is defined in 35 P.S. §1271 et seq., as amended, within the Borough of Selinsgrove unless such display is performed by a competent operator duly certified by the Commonwealth of Pennsylvania.
(Ord. 769, 9/2/2008)
§13-304 Application for Permit.
1. Any person, persons, firms, corporations, associations, or any other organizations or groups of individuals desiring to explode any fireworks, as defined in 35 P.S. §1271 et seq., as amended, in a public display must complete an application for a Fireworks Display Permit and submit the completed application, together with the required insurance documents and application fee, to the Borough Manager at least 30 days in advance of the proposed display.
2. Applications for fireworks display permit will be available at the Borough Office during normal business hours and must be completed and signed by the applicant or an officer or authorized agent of the applicant.
3. The permit application shall contain at a minimum the following:
A. Name, address, telephone number, fax number, and email address of the applicant and, if the applicant is an organization or corporation, the name, address, telephone number and fax number of the contact person for the organization or corporation.
B. Name, address, and telephone number of the fireworks operator together with his, her, or its fireworks display certification who will be providing the fireworks and the detonation of the same. A Pennsylvania Certificate of Registration for Fireworks Display must be submitted to the Borough. The fireworks operator shall also provide liability and workers’ compensation insurance information.
C. Proposed site, date, and time of the fireworks display. The name, address, and telephone number of the landowner, if different from the applicant, upon whose land the fireworks display is to occur. A letter of permission to display fireworks by the landowner must be submitted to the Borough.
D. Number and kind of fireworks to be detonated.
E. The manner and place of storage of the fireworks prior to the display.
F. The type and number of security, firefighting, and emergency medical personnel who shall provide security, fire protection, first aide, and emergency services to the display site.
G. Site plan showing all structures, structures occupied, overhead transmission lines, streets, parking areas, and areas where spectators for the display will be gathered. The site plan shall also contain a symbol defining north and a sketch of the general area where the fireworks will be set off and the area they will be directed.
(Ord. 769, 9/2/2008)
§13-305 Review and Approval of Permit.
1. An inspection of the proposed site for the fireworks display shall be conducted by the Borough Manager, Borough Chief of Police, and the Fire Chief of the D.H. & L. Fire Company, or his or her designee.
2. The Fire Chief, or his or her designee, shall determine whether or not the display is a fire hazard to any and all structures in the immediate area of the display.
3. The Fire Chief, or his or her designee, shall designate the area where the display will originate from and allow the fireworks to be detonated from that area only and shall notify the applicant and the Borough prior to the display as to whether the presence of firefighters and firefighting equipment will be required at the display.
4. The approval of the application by the Fire Chief, or his or her designee, shall be required prior to the issuance of a fireworks display permit by the Borough.
5. Any and all holders of fireworks display permits will be required to notify the Fire Chief, or his or her designee, at least 48 hours in advance of the display and further notify the Snyder County Communications Center (911) at least 2 hours in advance of the display notifying them when and where the fireworks will be displayed. Permit holders shall also notify the Snyder County Communications Center (911) at the conclusion of the display.
6. The Fire Chief, or his or her designee, shall not allow fireworks display if there is a ban on open burning and/or declared drought emergency is in effect at the time of the notification telephone call from the permit holder.
(Ord. 769, 9/2/2008)
§13-306 Insurance and Liability.
1. Applicants shall, at the time the application is submitted, provide a certificate of insurance to the Borough with a minimum limit of liability insurance of $1,000,000 and which names the Borough as an additional insured.
2. The permit holder shall agree to hold harmless and indemnify the Borough, its officers, agents and/or employees from any liability arising from the fireworks display for which the permit is issued. The indemnification language shall appear on the permit as issued.
(Ord. 769, 9/2/2008)
§13-307 Permit Issuance.
1. The Borough Manager, or his or her designee, shall issue fireworks display permits after the approval of the Fire Chief has been certified on the application. A permit issued shall be valid only for the date specified thereon.
2. If by reason of unfavorable weather the display for which a permit has been issued does not take place at the time and date so authorized, the person to whom such permit was issued may within 24 hours apply to the Borough, setting forth under oath the fact that such display was not made, given the reason therefore, and requesting a continuance of such permit for a day designated therein, not later than 1 week after the date fixed originally in said permit. Upon receiving such application for a continuance the Borough, if it believes the facts stated therein are true, shall extend the original date designated in the permit, and such extension of time shall be granted within the payment of any additional fee and without requiring a certificate of insurance 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 the 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.
3. Cost of the permit shall be in an amount as established, from time to time, by resolution of Borough Council, for each display held by the permittee, payable to the Borough prior to the issuance of the permit. [Ord. 825]
4. Permits are not transferable.
(Ord. 769, 9/2/2008; as amended by Ord. 825, 10/3/2016, §5(B))
§13-308 Rules and Regulations.
1. Any and all fireworks displays permitted under this Part shall be conducted in accordance with all applicable State, county, and local laws and ordinance and the 2000 ICC International Fire Code, as amended, and NFPA 1123, 1124 and 1126.
2. A portable fire extinguisher with a minimum rating of 2A:40BC shall be located within 50 feet of the display operator. No smoking shall be allowed within 50 feet of any area where fireworks are present. All fire extinguishers shall bear the label of a bona fide certifying agency that is dated not more than 1 year prior to the display date.
3. Spectators, vehicles or readily combustible materials shall not be located within the fallout area during the display.
4. The fireworks display permit shall present at the display site at the time of the display.
5. Any authority or authorities deeming a display unsafe due to the lack of crowd control or that the crowd is in danger, may have the authority to immediately discontinue the display, or if at any time the winds, or wet weather creates a danger, the display shall be postponed until weather conditions are acceptable to the Fire Chief, or his or her designee.
§13-309 Violations and Penalties.
1. Any persons violating §13-301 of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $25 nor more than $1,000 plus costs and reasonable attorney fees incurred by the Borough in the enforcement proceeding and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.
2. Any person violating §§13-302, 13-303, 13-306 and/or 13-308 of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $300 nor more than $1,000 plus costs and reasonable attorney fees incurred by the Borough in the enforcement proceeding and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.
(Ord. 769, 9/2/2008; as amended by Ord. 825, 10/3/2016, §5(B))