[HISTORY: Adopted by the Borough Council of the Borough of
Millersville 1-10-2023 by Ord. No. 2023-01. Amendments noted where applicable.]
This chapter shall be known and may be cited as the Millersville
Borough Fireworks Ordinance.
A.
Act 74 of 2022 amended Title 3 of the Pennsylvania Consolidated Statutes
(the "Fireworks Law")[1] and became effective on September 9, 2022. The Fireworks
Law governs the sale, purchase and use of consumer fireworks and display
fireworks in the commonwealth, and the Fireworks Law authorizes the
Borough to prohibit or restrict certain uses of consumer fireworks
as defined in the Fireworks Law if the Borough determines that certain
conditions are met. The Fireworks Law also authorizes the adoption
of local rules and regulations by the Borough that govern permit approvals.
[1]
Editor's Note: See 3 Pa.C.S.A. § 1101 et seq.
B.
Borough Council has determined that the full authority provided by
the Fireworks Law should be exercised in the interests of public safety.
Borough Council has determined after conducting appropriate inquiries
during its meetings, and after receiving public comment, that use
of consumer fireworks within the Borough limits would violate the
prohibition in the Fireworks Law and specifically Sections 1106(a)(1.2)
and 1104(b)(5) (relating to use of consumer fireworks) and would be
contrary to the public interest and harmful to public safety. Borough
Council desires to regulate the use of display fireworks and consumer
fireworks within the Borough.
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning. All terms defined
in the Fireworks Law and not defined below shall be interpreted in
accordance with the definitions in the Fireworks Law.
Millersville Borough, Lancaster County, Pennsylvania.
The governing body of the Borough.
Chapter 11, Fireworks, of Title 3, Agriculture, of the Pennsylvania
Consolidated Statutes, 3 Pa.C.S.A. § 1101 et seq.
The Millersville Borough Police Department or any successor
agency providing police protective services within the Borough.
A.
In accordance with the Fireworks Law, a permit is required before
any use of display fireworks within the Borough. Permit application
forms are available through the Office of the Borough Manager during
normal business hours. The application must include facts sufficient
to establish that the display fireworks will not be ignited within
300 feet of sales locations for consumer fireworks and that the display
fireworks will be handled by a competent operator at least 21 years
of age who demonstrates evidence of fireworks handling and safety
training, all in accordance with Sections 1102 and 1107 of the Fireworks
Law. The application must include the approval of the Chief of Police
Department and that the display fireworks will not be located, discharged
or fired in such a manner as to be hazardous to property or an endangerment
to any person. The application shall be accompanied by a certificate
of insurance in accordance with Section 1102(d) of the Fireworks Law.
The applicant shall acknowledge acceptance of the requirements otherwise
established by state and federal law. Permit extensions shall be permitted
in accordance with Section 1102(e) of the Fireworks Law, provided
the extension sought receives a renewed approval by the Chief of the
Police Department that the extended use would not be hazardous to
property or an endangerment to any person.
B.
In accordance with Section 1105(a) of the Fireworks Law, Borough
Council may under this chapter grant permits for the use of display
fireworks for agricultural purposes in connection with the raising
of crops and the protection of crops from bird and animal damage.
The application for such a permit must meet the requirements of this
section. A permit under Section 1105 shall remain in effect for the
calendar year in which it was issued. Sales, possession and use of
display fireworks for the purpose stated in the permit shall be lawful
for that purpose only.
C.
Applications for use of display fireworks shall be submitted at least
four weeks prior to the date of proposed use. Permits for the use
of display fireworks may be granted by the Borough Council, by the
Borough Manager, or by such official or officials as are so designated
by Borough Council, upon approval of the application and payment of
a fee established by resolution of Borough Council.
A.
In accordance with the Fireworks Law and based upon legislative findings
that there is no location within the Borough limits that meets statutory
requirements, including but not limited to the prohibition of use
within 150 feet of a building or vehicle, the use of consumer fireworks
within those limits in accordance with Section 1104(b)(5) of the Law
is hereby prohibited.
B.
Nothing in this chapter governs the sale of consumer fireworks for
the period of one year from the effective date of the Fireworks Law
in accordance with Section 1106(a)(2) of the Fireworks Law.
A.
In accordance with the provisions of Section 1114(1) of the Fireworks
Law, any person using consumer fireworks in violation of the provisions
of this chapter, for the first offense, commits a summary offense,
and upon conviction shall, in addition to any other penalty authorized
by law, be punishable by a fine of not more than $500. A subsequent
offense under this chapter committed within three years of a prior
conviction shall constitute a summary offense, and upon conviction
shall, in addition to any other penalty authorized by law, be punishable
by a fine of not more than $1,000.
B.
Any person selling consumer firework in violation of the Fireworks
Law is punishable in accordance with Section 1114(2) by a fine of
not less than $10,000.
C.
Any person selling or using display fireworks in violation of the
Fireworks Law is punishable in accordance with Section 1114(3) by
a fine of not less than $10,000.
D.
In addition to the fines set forth above, any person convicted under
this chapter shall be subject to the payment of all costs, including
the reasonable attorneys' fees, of the Borough.
