(a) Every applicant for a permit to use or discharge display fireworks and/or pyrotechnic special effects shall submit to the Fire Department, with a nonrefundable application fee, current and fully completed application on a form provided by the Fire Department.
(b) The fees shall be set by the Township's fee resolution in an amount to cover the cost of investigation, review, and inspection by the Township of the premises which will be used for the use or discharge of display fireworks and/or pyrotechnic special effects.
(c) A permit shall not be issued to a nonresident person, firm, or corporation for ignition of articles pyrotechnic or display fireworks until the person, firm, or corporation has appointed in writing a resident member of the bar of this State or a resident agent to be the legal representative upon whom all process in an action or proceeding against the person, firm, or corporation may be served.
(d) All applications shall contain the following information:
(1) The name, residence address, and telephone number of a resident agent who is a natural person (no post office boxes will be accepted as legal addresses);
(2) The name, residence address, and telephone number of the applicant:
A. If the applicant is a corporation, the name, residence address, and telephone number of each of the officers and directors of the corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation if that individual is or will be involved in the management and/or operation of the business. The applicant shall also provide the name, residence address, and telephone number of each individual who will be involved in the management and/or operation of the business, as well as documentation that the corporation is in good standing in the State of incorporation;
B. If the applicant is a partnership, the name of the partnership and the name, residence address, and telephone number of each of the partners having at least a ten percent (10%) partnership interest, as well as any individual who is or will be involved in the management and/or operation of the business;
C. If the applicant owns stock or has a financial interest in any other business which sells or manufactures fireworks, the name, address, and telephone number of the corporation and the name, address, and telephone number of each such business;
(3) The address and legal description of the property where the fireworks will be displayed, or where pyrotechnic special effects will be displayed;
(4) Authorization for the Township, its agents and employees to seek information and conduct a safety inspection of the premises where fireworks will be displayed, or where pyrotechnic special effects will be displayed. The applicant shall give such additional information and identification necessary to discover the truth of the matters required to be set forth in the application; and
(5) The application shall be signed and sworn to by the applicant.
(e) Permits. In addition to the other conditions set forth in this section, permit applications shall be subject to background investigations to determine whether the applicant has ever been involved in criminal or fraudulent activities, or has ever had a license or permit suspended or revoked for cause.
(1) If, as a result of the investigation, the Fire Marshal or Public Works Director has reasonable cause to believe that the applicant may cause or present a danger to public safety if granted a fireworks display permit, the Board of Trustees may deny the application.
(2) If, as a result of the investigation, the Fire Marshal or Public Works Director has reasonable cause to believe that the applicant may cause or present a danger to public safety if granted a pyrotechnic special effects display permit, the Fire Marshal may deny the application.
(f) Applicants for a permit to use, discharge, or display fireworks or pyrotechnic special effects must demonstrate financial responsibility in the form of a bond or insurance policy in an amount, character, and form deemed necessary by the Board of Trustees for the protection of the public.
(g) Before granting a permit to use, discharge, or display fireworks, the Board of Trustees shall rule on the competency and qualifications of the operator of the display as required under NFPA 1123, and the time, place, and safety aspects of the display.
(h) Cost of Policing. Fireworks displays vary in size and scope, and displays of large magnitude cause the Township to incur significant additional expenses for police, fire, and emergency services. Therefore, in addition to the nonrefundable application fee, an applicant for a permit to use, discharge, or display fireworks shall deposit with theTownship, as a condition of enjoying the privileges inherent in receipt of a permit, an amount reasonably calculated to reimburse the Township for the cost of additional police and emergency services. The Township shall hold such amount, to be determined by the Board of Trustees at the time the permit application is considered, in escrow until after the fireworks display. In determining the amount, the Board of Trustees may utilize its past experiences and the experiences of other communities. The Township shall itemize its additional police and emergency services expenses incurred as a result of the fireworks display and may draw from the escrowed funds to achieve full reimbursement. Remaining funds shall be returned to the permit applicant. In the event that the escrowed funds are insufficient to cover the Township’s actual costs under this subsection (h), the Township shall serve an invoice upon the permit applicant with a demand for payment. Failure of a permit applicant to comply with any of the provisions of this subsection (h) shall be a misdemeanor.
(i) Term. Permits for the use or discharge of display fireworks or pyrotechnic special effects are valid only for the date(s) and time(s) stated on the permit itself. Each subsequent use or discharge of display fireworks or pyrotechnic special effects shall require a new permit, and the applicant shall follow the application process set forth in this chapter.
(j) Display Permit Conditions. The issuance of a permit for the use or discharge of display fireworks or pyrotechnic special effects shall be conditioned upon compliance with all of the terms and conditions of this chapter, as well as the provisions of Chapter 33 of the International Fire Code. In addition, the issuance of such a permit shall be conditioned upon the following:
(1) The applicant and property owner must execute a written agreement, in a form approved by the Township Attorney, to allow police, fire, and emergency personnel designated by the Township to be present on the premises before, during, and after the fireworks or pyrotechnic special effects display for purposes of supervising and inspecting the display and surrounding conditions for public safety hazards and violations of Township codes and ordinances; and
(2) The applicant and property owner must execute an indemnification agreement, in a form approved by the Township Attorney, to indemnify the Township for any and all liability or damages incurred by any person or entity as a result of the fireworks or pyrotechnic special effects display.
(Ord. 405. Passed 8-26-13.)