Dingman Township
                           Pike County, PA        

 


                       

Legal Notice:  While every attempt has been made to be as accurate as possible, the material found on these pages represents an unofficial copy of the Dingman Township Fireworks Ordinance.  When in conflict, the original signed official documents kept in the Township Building shall prevail.  Persons relying on this version shall do so at their own risk.

Fireworks Ordinance

 

ORDINANCE NO. 04-2004

 

AN ORDINANCE DEFINING AND REGULATING THE DISPLAY

AND DIS­CHARGE OF FIREWORKS, REQUIRING PERMITS

AND THE POSTING OF A BOND FOR THEIR USE

AND PRESCRIBING PENALTIES FOR VIOLATION.

The Board of Supervisors of Dingman Township hereby enacts as follows:

Section 1. General Provisions.

1. Scope. The manufacture of fireworks is prohibited within the Township. The display or discharge of fireworks shall comply with the requirements of this ordinance.

2. Definitions.

“Fireworks” shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include firecrackers, torpedoes, skyrockets, Roman candles, sparklers or other devices of like construction and any device containing any explosive substance, except that the term “fireworks” shall not include auto flares, paper caps containing not in excess of an average of .25 grain (16.2 mg) of explosive content per cap, and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times.

“Consumer Fireworks” shall mean fireworks so defined by U.S. Department of Transportation and which were formerly known as Class C fireworks.

“Display Fireworks” shall mean fireworks so defined by U.S. Department of Transportation and which were formerly known as Class B Fireworks.

3. Permit required. A permit shall be obtained from the Code Enforcement Officer for the display or discharge of Display Fireworks.

4. Permit applications. Application for permits shall be made in writing at least 30 days in advance of the date of the display or discharge of fireworks. The possession, use and distribution of fireworks for such display shall be lawful under the terms and conditions approved with the permit and for that purpose only. A permit granted hereunder shall not be transferable, nor shall any such permit be extended beyond the dates set out therein.

Permit applications shall contain the name and address of the operator, a site plan showing the location of the discharge area, the location where the viewers will be situated, and any other information deemed necessary by the Code Enforcement Officer.

Section 2. Display and Discharge.

1. General. It shall be a violation of this ordinance for any person to store, or use or explode any fireworks, except as provided herein.

a. Consumer Fireworks

i. No permit is required for any otherwise permitted business to sell Consumer Fireworks provided that the business, and the selling of such fireworks at the business, is compliant with the Dingman Township Zoning Ordinance.

 

ii. No permit is required for the home or commercial use and display of Consumer Fireworks.

b. Display Fireworks

i. Every such display shall be handled by a competent operator over the age of 21. The fireworks shall be arranged, located, discharged and fired in a manner that will not be a hazard to property or endanger any person.

ii. Prior to applying for a permit, the operator shall contact the fire department having jurisdiction over the area in which the display is to take place to inform the fire department of the time and place of the display and to determine the fire and safety concerns that the fire department may have concerning the display. The operator shall adequately address the concerns prior to the display. The operator must also inform the Pike County Communications Center of the time and place of the display.

iii. No permit may be issued during times in which a burning ban or other fire emergency has been declared by federal, state, or local officials and which is applicable to the site of the display.

iv. The Code Enforcement Officer is empowered to revoke or modify the permit should a burning ban or fire emergency be declared between permit issuance and the time of the display. In modifying the permit, the Code Enforcement Officer may require that the operator have one, or more, pieces of fire fighting equipment with adequate personnel to be on site during the display.

2. Bond for display. The permittee shall furnish a bond in an amount deemed adequate by the Supervisors but not less than $500.00, conditioned for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display, and arising from any acts of the permittee, the permittee’s agents, employees or subcontractors.

3. Disposal of unfired fireworks. Unfired fireworks and trash that remain after the display is concluded shall be immediately disposed of in a safe manner.

4. Storage of fireworks. Consumer Fireworks may only be stored in a residence or residential accessory structure provided that the stored fireworks are for the personal use of the occupants of the residence and provided that the cumulative amount of fireworks does not exceed one pound (7000 grains) of propellant and/or explosive material. Under no circumstances shall Display Fireworks be stored on a residential property.

5. Seizure of fireworks. The Code Enforcement Officer may seize, take, remove or cause to be removed at the expense of the owner; all stocks of fireworks offered or exposed for display, stored, or held in violation of this ordinance.

Section 3. Penalties.

Any person, firm or corporation who shall violate any provision of this ordinance shall, upon conviction thereof, be sentenced to pay a fine of not more than six hundred dollars ($600.00); and in default of payment, to imprisonment for a term not to exceed thirty (30) days. Every day that a violation of this ordinance continues shall constitute a separate offense.

Section 4. Severability.

If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this ordinance, which shall remain in full force and effect, and for this purpose the provisions of this ordinance are hereby declared to be severable.

Section 5. Repealer.

All ordinances or parts of ordinances, which are inconsistent herewith, are hereby repealed. The following ordinances or parts thereof are specifi­cally repealed.

Ordained and enacted this _15th _ day of __June__, 2004.

DINGMAN TOWNSHIP BOARD OF SUPERVISORS

Thomas E. Mincer

 

Allen J. Greening, Jr.

Dennis L. Brink

 

Karen Kleist, Secretary

 

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