IT IS HEREBY ENACTED AND ORDAINED by the Board of Supervisors of South Middleton Township

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Dwain Joseph
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1 TOWNSHIP OF SOUTH MIDDLETON CUMBERLAND COUNTY PENNSYLVANIA Ordinance 2014 o AN ORDINANCE TO PROTECT THE HEALTH SAFETY AND WELFARE OF THE RESIDENTS AND PROPERTY OF THE TOWNSHIP THROUGH THE REGULATION OF THE USE AND DISPLAY OF FIREWORKS TO MAKE REPEALS AND TO PROVIDE PENALITIES FOR VIOLATIONS IT IS HEREBY ENACTED AND ORDAINED by the Board of Supervisors of South Middleton Township Cumberland County Pennsylvania and the authority of the same do hereby adopt a fireworks ordinance as follows SECTION 1 INTENT It is the intent of South Middleton Township to protect the health safety and welfare of the general public through limiting the use of fireworks and to adhere to the provisions of the State Fireworks Law of 1939 as amended the provisions of which require the Township to enact an ordinance if it intends to authorize the display of fireworks within its jurisdiction Fireworks by nature contain explosives which when misused can damage property and endanger human life This Ordinance will prohibit the use of consumer and display fireworks by the general public but allow for fireworks displays to be put on by competent professional pyrotechnicians in a safe manner SECTION 2 DEFINITIONS Consumer Firework s Shall mean and include a Any combustible or explosive composition or any substance or combination of substances intended to produce visible andor audible effects by combustion and which is suitable for use by the public that complies with the construction performance composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR relating to commercial practices or any successor regulation and which complies with the provisions for consumer fireworks as defined in the American Pyrotechnics Association APA Standard 871 or any successor standard

2 b The term does not include devices as ground and handheld sparkling devices novelties and toy caps in APA Standard 871 the sale possession and use of which shall be permitted at all times throughout the Township Display Firework s Defined as provided in 27 CFR Discharge Site The area immediately surrounding the fireworks mortars used for an outdoor fireworks display Display Site The immediate area where a fireworks display is conducted including the discharge site the fallout area and the required separation distance or minimum secured diameter from mortars to spectator viewing areas as provided for in Section 513 Minimum Site Size Requirements of NFPA 1123 Code for Fireworks Display 2010 Edition as also shown in Appendix A but not including the spectator viewing area or vehicle parking areas Fallout Area The designated area in which hazardous debris is intended to fall after a pyrotechnic device is fired Firework s Shall mean both consumer and display fireworks as defined herein unless specifically identified as either consumer or display fireworks Fireworks Display or Public Display of Fireworks A presentation of fireworks for a public or private gathering Minimum Secured Diameter The radius at least as great as specified for those items in the display with the greatest required radius between mortars to spectators Mortar A tube closed at one end from which certain aerial devices are fired into the air National Fire Protection Association NFPA Organization which provides several standards that outline recommendations for the manufacture storage transportation and execution of fireworks Person Individual agent amusement park association charitable organization company fair firm government entity limited liability corporation labor organization legal representative partnership unincorporated organization or any other legal or commercial entity School District South Middleton School District Township South Middleton Township

3 SECTION 3 PERMITS REQUIRED a b It shall be unlawful for any person to have or hold a public display of fireworks within the limits of the Township unless a permit is first granted by the Township An application for fireworks display must be completed and submitted for Township approval at least forty five 45 days in advance of the display The following shall be included in an application for a fireworks permit 1 A copy of the Certification of Insurance in accordance with Section 8 2 Written permission from owner of the property on which the display will be located for use of the property for fireworks display 3 Written comments from the Township Fire Chief or Fire Marshall 4 In accordance with Section 5 a copy of the notice that will be sent to impacted properties or placed in the newspaper if applicable 5 A list of three 3 references erences from the fireworks company including the names addresses and phone numbers of individualsorganizations responsible for organizing the referenced event 6 Graphic representation of the display site and 7 Size of the largest shell to be used for the fireworks display SECTION 4 SAFETY REQUIREMENTS FOR FIREWORKS DISPLAYS From and after the passage of this Ordinance fireworks shall be permitted in the Township in all districts as delineated by the Township Zoning Ordinance Ordinance No as amended Fireworks displays shall be handled by a professional competent fireworks company or operator s trained to put on fireworks displays and shall be of such character and so located and launched in a manner as to not be hazardous to property or endanger any person and shall follow generallyaccepted principles related to the safe possession transportation display and disposal of fireworks as well as all applicable local State and Federal laws SECTION 5 NOTIFICATION a Any entity whether public or private intending to have a fireworks display shall be permitted to do so upon providing proper notification to all impacted property owners if known no more than fortyfive 45 days and no less than twenty 20 days before the scheduled display The notice shall include the following

4 c b 1 Name address and phone number of the individual group or organization sponsoring the fireworks display 2 Name and phone number of contact person directly responsible for organizing the fireworks display if different from the person named in Section a1 3 Reason for the fireworks display 4 Name address and phone number of the company andor person doing the fireworks display and 5 Date time and location of the fireworks display Impacted properties shall be those properties that are 1 In the Agriculture and Conservation District located within a 1000 foot radius of the discharge site or the minimum secured diameter of the display site plus 100 feet whichever is greater Regardless of the size of the shell used any property located within 100 feet of the minimum secured diameter of the display site shall also be considered an impacted property 2 In all other districts located within a 100 foot radius of the display site 3 In the determination of the Township warrant notification beyond those areas provided for in Sections5a1 andb2 Notification of a private fireworks display may be given through notices distributed by hand or other means to all property owners if known mailing of the notices to all affected properties or through an advertisement in a newspaper of general circulation as defined by 45 Pa CS 101 For public displays put on by or occurring on the property of the Township or School District a notice shall only be required to be posted on the Township website d Notification shall be provided for any testing of the fireworks prior to the date of the actual display SECTION 6 USE FOR AGRICULTURAL PURPOSES The Board under reasonable rules and regulations may grant permits for the use of suitable fireworks for agricultural purposes in connection with the raising of crops and the protection of crops from bird and animal damage Such permits shall only be good for the calendar year issued After such permit has been granted sales possession and use of fireworks of the type and for the purpose mentioned in the permit shall be lawful for that purpose only

5 SECTION 7 PERMITS TO BE NONTRANSFERABLE If and after a permit has been granted by the Township possession sale use and distribution of fireworks shall be lawful for that purpose only No permit granted shall be transferable SECTION 8 LIABILITY INSURANCE It shall be required that the permittee or licensee hold or obtain a bond or liability insurance in an amount no Tess than one million dollars 1000 in case of 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 or licensee agents employees or subcontractors The certificate of insurance shall be filed with the Township Secretary before any permit for a supervised public display is delivered SECTION 9 APPLICATION FOR CONTINUANCE If by reason of unfavorable weather the display for which a permit has been granted does not take place at the time authorized the person to whom such permit was issued must apply to the Township within twentyfour 24 hours setting forth under oath the fact that such display was not made the reason and request for a continuance of such permit for a specifically designated day no later than one 1 week after the day fixed originally in said permit Upon receiving such application for a continuance the Township if it believes the facts stated therein are true shall extend the provisions of the permit to the day fixed in the application no later than one 1 week after the original day designated in the permit Such extension of time shall be granted without the payment of any additional fee without requiring any additional bond or proof of insurance other than the one given for the original permit provided however that the extended time period and display shall meet the requirements of Section 8 SECTION 10 FEES Permit fees shall be established by resolution of the Board of Supervisors SECTION 11 ENFORCEMENT In the event of any violation of this chapter or of the terms conditions or limitations noted on a permit for the display of fireworks or in the event of any unsafe condition occurring before or during the course of a fireworks display or in the event of any unsafe condition occurring as a

6 result of any use of consumer display or other fireworks within the Township the Pennsylvania State Police Township Fire Chief Township Fire Marshall or the appropriate Township designee or any other authorized Township representative may before or during the unsafe andor violating occurrence order such fireworks use or display to be stopped in the interest of public safety SECTION 12 VIOLATIONS AND PENALTIES Any person violating any of the provisions of this Ordinance and all persons in charge or standing in loco parentis to any child or children who have not arrived at the age of criminal responsibility and who have violated any provision of this ordinance shall be guilty of a summary offense and upon conviction thereof shall be punished by a fine of not Tess than 100 nor more than 600 SECTION 13 WARNING AND DISCLAIMER OF LIABILITY The degree of protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable safety methods for fireworks displays The use of fireworks even by a competent operator in a properlysecured location and conducted in a sound manner still has the potential for harming injuring or resulting in the death of people and animals damaging or destroying property and harming the environment This Ordinance shall not create liability on the part of the Township or any officer or employee thereof for any injury or damage that result from reliance on this ordinance or any administrative decision lawfully made there under SECTION 14 SEVERABILITY If any sentence or clause section or part of this Ordinance is found to be unconstitutional illegal or invalid such findings shall not affect or impair any of the remaining parts of this Ordinance It is hereby declared to be the intent that this ordinance would have been adopted had such part not been included SECTION 15 REPEALS a This Ordinance shall repeal the following 1 Ordinance

7 2 Section 11 of Ordinance and 3 Any other Township regulation or policy which is inconsistent herewith SECTION 16 EFFECTIVE DATE This ordinance shall take effect five 5 days after enactment ENACTED AND ORDAINED this C th day of vp 2014 ATTEST TOWNSHIP OF SOUTH MIDDLETON BOARD OF SUPERVISORS 4 BRY r p liiiipaliay1 r THOMAS E FALEY V e Ch aric1 a C u C4 4 SANDRA A QUICKEL Secretary Crl L I i swi RONALD P HAMILTON Me man R DUFF ANWEILEr Membe 4stifir WALTER G REIGHA Member

8 APPENDIX A. NFPA 1123, Code for Fireworks Display (2010 Edition) Table Distances for Outdoor Aerial Shell Display Sites: Minimum Separation Distances from Mortars to Spectators for Land and Water Displays Mortar Size Minimum Secured Diameter of Site Vertical Mortars Angled Mortars 1/3 Offset Mortars to Special Hazards in. mm ft m ft m ft m ft m Note: >12 in. (>305 mm) requires approval of the Township.

ORDINANCE NO NOW, THEREFORE, pursuant to the Authority contained in the Second Class

ORDINANCE NO NOW, THEREFORE, pursuant to the Authority contained in the Second Class ORDINANCE NO. 18-6 AN ORDINANCE OF THE TOWNSHIP OF HANOVER, NORTHAMPTON COUNTY, PENNSYLVANIA, AMENDING THE CODE OF ORDINANCES OF THE TOWNSHIP OF HANOVER, NORTHAMPTON COUNTY, PENNSYLVANIA, BY CREATING A