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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.
Copies
of this ordinance
may also be obtained
through the Dingman
Township Office.
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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