[HISTORY: Adopted by the Board of Supervisors
of the Township of Exeter 3-22-1999 by Ord. No. 477; amended in its entirety 8-13-2018 by Ord. No. 795. Subsequent amendments noted where applicable.]
[Added 9-9-2019 by Ord. No. 826[1]]
This chapter is adopted pursuant to the authority granted under
Pennsylvania's fireworks regulations and laws as adopted and codified
by the Pennsylvania legislature at 72 P.S. § 9401 et seq.,
and pursuant to the authority to regulate fireworks as set forth in
the Second Class Township Code at 53 P.S. § 66534. This
chapter is adopted with the intent to comply with such state fireworks
laws, properly regulate firework use within the Township, and to protect
the health, safety, and welfare of Township citizens. It shall be
unlawful for any person, persons, firms, corporations, or other entities
to possess, sell, or use consumer fireworks or display fireworks in
violation of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition, or any subsequent edition.
[Added 9-9-2019 by Ord.
No. 826]
Any combustible or explosive composition or any substance or
combination of substances, which is intended to produce visible or
audible effects by combustion, is suitable for use by the public,
complies with the construction, performance, composition, and labeling
requirements promulgated by the Consumer Products Safety Commission
in 16 CFR (Code of Federal Regulations) (relating to commercial practices)
or any successor regulation, and complies with the provisions for
"consumer fireworks" as defined in American Pyrotechnics Association
("APA") Standard 87-1 or any successor standard, the sale, possession,
and use of which is permitted throughout the Commonwealth of Pennsylvania.
The term does not include devices such as "ground and hand-held
sparkling devices," "novelties," or "toy caps" in APA Standard 87-1
or any successor standard, the sale, possession, and use of which
shall be allowed.
Large fireworks to be used solely by professional pyrotechnicians
and designed primarily to produce visible or audible effects by combustion,
deflagration, or detonation. This term includes, but is not limited
to, the following:
Salutes (fireworks designed to produce an explosive sound as
its primary effect) that contain more than two grains or 130 milligrams
of explosive materials;
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
Other display pieces that exceed the limits of explosive materials
for classification as consumer fireworks and are classified as fireworks
UN0333, UN0334 or UN0335 under 49 CFR 172.101 (relating to purpose
and use of hazardous materials table).
Any man-made object having an ascertainable stationary location,
whether or not affixed to the land, adapted for overnight accommodation
of persons or for conducting business, whether or not a person is
actually present.
[Added 9-9-2019 by Ord.
No. 826]
[Amended 9-9-2019 by Ord. No. 826]
Display fireworks may be sold only by entities and from facilities
properly licensed by the Bureau of Alcohol, Tobacco, Firearms, and
Explosives and operating in compliance with all applicable federal
and state laws and regulations.
[Amended 9-9-2019 by Ord. No. 826]
A.
Permit. A Township permit shall be required for the use of display
fireworks. Issuance of such permit is subject to the following restrictions
and conditions:
(1)
Any use of display fireworks pursuant to a permit shall be in accordance
with all applicable laws and regulations.
(2)
Any use of display fireworks pursuant to a permit shall not occur
between the hours of 11:00 p.m. and 11:00 a.m. on any day, except
for the New Year's holiday, when the use of display fireworks may
be permitted until 12:30 a.m. on January 1.
(3)
Applications for permits must be submitted at least 14 days in advance
of the proposed use of display fireworks.
(4)
Applications for permits must include written approval of the owner
of the property from which the display fireworks shall be used.
(5)
Permits granted under this section shall be for only the approved purpose, date, and time set forth in the application, unless the Township issues a continuance of the permit pursuant to Subsection D of this section.
(6)
Permits shall not be issued to a person under 21 years of age.
B.
Payment. The Township shall require payment of a permit fee at the
time of application for such permit, in an amount as established from
time to time by resolution of the Board of Supervisors.
C.
Bond required. After paying the appropriate permit fee and obtaining
a Township permit to use display fireworks, the permit-holder shall
post with the Township a bond for $1,000,000 intended to cover any
personal injury and property damage caused by reason of the use of
such display fireworks and arising from an act of the permit-holder
or an agent, employee, or subcontractor of the permit-holder.
D.
Denial or suspension of permit. The Township has the discretion to
deny or suspend a permit if the Fire Marshal, or the Fire Marshal's
designee, deems denial or suspension to be in the best interests of
the Township or its residents, including, but not limited to, circumstances
of adverse or unfavorable weather conditions, such as high winds or
a drought.
E.
Continuance.
(1)
If the permitted use of display fireworks does not occur on the date
and time authorized by the permit, the person to whom such permit
was issued may, the following business day, apply to the Township
and set forth in writing the following:
(2)
Upon receipt of the continuance request, the Township may, in its
discretion, extend the provisions of the previously issued permit
to the date designated in the continuance request.
(3)
This permit continuance shall be granted without the payment of an
additional permit fee and without requiring a bond other than the
bond given for the original permit. The provisions of the original
bond shall extend to and cover all damages which may be caused by
reason of the display occurring at the extended date and in the same
manner and to the same extent as if the display had occurred at the
date originally designated in the permit.
F.
Exception to continuance request process.
(1)
In the event that the permitted use of the display fireworks does
not occur on the date and time authorized by the permit, and the proposed
continuance date would occur before the following business day, the
permit-holder may telephonically contact the shift supervisor at the
Township's Police Department and verbally request a continuance. The
permit-holder must explain why the use of display fireworks did not
occur, and must specify the new proposed date. If requested, the permit-holder
shall make available to the shift supervisor a copy of the permit.
(2)
As an example, if the permit authorized the use of display fireworks
on a Friday night, and the permit-holder seeks to request a continuance
for the display fireworks to occur the immediately following Saturday
or Sunday, this subsection governs the procedure to make a continuance
request.
(3)
The shift supervisor may, in his or her sole discretion, extend the
provisions of the previously issued permit to the date designated
in the continuance request.
(4)
This permit continuance shall be granted without the payment of an
additional permit fee and without requiring a bond other than the
bond given for the original permit. The provisions of the original
bond shall extend to and cover all damages which may be caused by
reason of the display occurring at the extended date and in the same
manner and to the same extent as if the display had occurred at the
date originally designated in the permit.
[Amended 9-9-2019 by Ord. No. 826; 5-22-2023 by Ord. No. 858]
A.
Conditions. A person who is at least 18 years of age and meets the
requirements of this chapter and all applicable laws and regulations
may purchase, possess, and use consumer fireworks. A person or entity
using consumer fireworks pursuant to this chapter shall comply with
all applicable federal and state laws.
B.
Prohibitions. A person may not intentionally ignite or discharge
consumer fireworks in the following manners and/or locations:
(1)
On public or private property without the express permission of the
owner;
(2)
Inside a motor vehicle or occupied structure;
(3)
From a motor vehicle or occupied structure;
(4)
Into or at a motor vehicle or occupied structure or at another person;
(5)
While under the influence of alcohol a controlled substance or another
drug;
(6)
Within 150 feet of an occupied structure;
(7)
Upon any Township roadway, park, public space, or any other Township-owned
property, unless specifically authorized in writing in advance by
the Township;
(8)
Within 100 feet of any flammable gases or liquids, including, but
not limited to, tanks of gasoline, oil, propane, and/or oxygen;
(9)
Within 100 feet of any explosive materials, including, but not limited
to, gunpowder, ammunition, and/or other fireworks, excluding the consumer
firework to be ignited or discharged and the source of the ignition/discharge;
and/or
(10)
In a manner such that the sparks or any portion of the fireworks
may land upon the property of another without that property owner's
express permission.
C.
Restrictions of use.
(1)
Time. Consumer fireworks shall not be used between the hours of 10:00
p.m. and 10:00 a.m., except:
(a)
On July 2, 3 and 4 and December 31, when consumer fireworks
may be used until 1:00 a.m. the following day;
(b)
When July 4 falls on a Tuesday, Wednesday or Thursday, consumer
fireworks may be used until 1:00 a.m. on the immediately preceding
and following Friday and Saturday;
(c)
Memorial Day, including the immediately preceding Saturday and
Sunday; and
(d)
Labor Day, including the immediately preceding Saturday and
Sunday.
(2)
Suspension. The Township has the discretion to suspend all use of
consumer fireworks if the Fire Marshal, or the Fire Marshal's
designee, deems such a suspension to be in the best interests of the
Township or its residents, including, but not limited to, circumstances
of adverse or unfavorable weather conditions, such as high winds or
a drought.
(3)
Duration.
(a)
As used herein, the phrase "cumulative basis" refers to a period
of time commencing at the first discharge of a consumer firework and
terminating at the last discharge of a consumer firework at any particular
location, regardless of the number of individuals discharging the
consumer fireworks at such location, and regardless of the frequency
of the discharge of the consumer fireworks.
(b)
The use of consumer fireworks at any particular location shall
not exceed a period of one-hour duration, measured on a cumulative
basis, in any given twenty-four-hour period. Notwithstanding the foregoing,
however, the record owner of the particular location where the use
of consumer fireworks is proposed may issue advanced written notice
to all adjoining property owners, copying the Township's Board
of Supervisors, at least 21 days in advance of the proposed use of
consumer fireworks, advising of a plan to use consumer fireworks for
a period of time in excess of the aforementioned durational limitation.
Such written notice must specify the start time and end time of the
use of consumer fireworks and the specific street address of the proposed
location. Such written notice shall also be submitted to the Township
Office at least 21 days in advance of the proposed use of consumer
fireworks, and subsequently posted on the Township's website.
Residents shall have 10 days (the "objection period") from the receipt
of the notice and/or posting to the Township website to submit any
comments or objections to the Township's Board of Supervisors.
Upon receipt of the written notice, and after the objection period
concludes, the Township's Board of Supervisors, in its sole discretion,
may impose any reasonable limitations deemed necessary, including
a denial to exceed the aforementioned durational limitation.
A.
A person or entity using consumer fireworks in violation of the provisions
of this chapter, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $100. Each separate
day that a violation occurs shall be deemed a separate violation.
B.
A person or entity selling consumer fireworks in violation of the
provisions of this chapter commits a misdemeanor of the second degree.
C.
A person or entity using display fireworks in violation of the provisions
of this chapter, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each separate day that a violation occurs shall
be deemed a separate violation.
D.
These violations and remedies are not exclusive and are not intended
to be cumulative to any civil or available remedies.
[Added 9-9-2019 by Ord. No. 826]
All provisions of this chapter are applicable in addition to
and in accordance with all provisions set forth in any applicable
federal or Pennsylvania state law or regulation, and any fire code
or other rule, regulation, or ordinance duly adopted by the Township,
including the Exeter Township Noise Ordinance.[1]
