[HISTORY: Adopted by the Board of Supervisors of the Township of West Goshen 6-13-1936; amended in its entirety 7-22-2019 by Ord. No. 7-2019. Subsequent amendments noted where applicable.]
The chapter is adopted pursuant to the authority granted pursuant to Act 43 of 2017, which adopted House Bill No. 542 of 2017, amending the Tax Reform Code of 1971, codified in 72 P.S. §§ 9401 through 9416, 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 fireworks laws, properly regulate the use of fireworks within the Township, and to protect the public health, safety and welfare.
The following words and terms shall, for purposes of this chapter, have the meanings set forth below:
- ACT 43 OF 2017
- The Pennsylvania Fireworks Law as adopted by the Commonwealth of Pennsylvania General Assembly with an effective date of October 30, 2017, and as amended.
- CONSUMER FIREWORKS
- 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 (relating to commercial practices) or any successor regulation and complies with the provisions for "consumer fireworks" as defined in APA 87-1 or any successor standard, the sale, possession and use of which shall be permitted throughout this commonwealth. The term does not include devices such as ground and hand-held sparkling devices, novelties or toy caps in APA 87-1 or any successor standard, the sale, possession and use of which shall be permitted at all times throughout this commonwealth.
- DISPLAY FIREWORKS
- Large fireworks to be used solely by professional pyrotechnicians and designed primarily to produce visible or audible effects by combustion, deflagration or detonation. The term includes, but is not limited to, the following:
- A. Salutes that contain more than two grains or 130 milligrams of explosive materials;
- B. Aerial shells containing more than 60 grams of pyrotechnic compositions; and
- C. 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).
- NFPA 1124
- The National Fire Protection Association Standard 1124, Code for the Manufacture, Transportation and Storage of Fireworks and Pyrotechnic Articles, 2006 edition, or any subsequent edition.
Editor's Note: See 72 P.S. § 9401 et seq.
The use, sale and storage of consumer fireworks within the Township shall comply with Act 43 of 2017, as amended, which includes the following provisions related to use:
Conditions. A person who is at least 18 years of age and meets the requirements of this chapter may purchase, possess and use consumer fireworks.
Prohibitions. A person may not intentionally ignite or discharge:
Consumer fireworks on public or private property without the express permission of the owner.
Consumer fireworks or sparkling devices within, or throw consumer fireworks or sparkling devices from, a motor vehicle or building.
Consumer fireworks or sparkling devices into or at a motor vehicle or building or at another person.
Consumer fireworks or sparkling devices while the person is under the influence of alcohol, a controlled substance or another drug.
Consumer fireworks within 150 feet of an occupied structure.
Consumer fireworks upon any Township roadway or Township property.
Consumer fireworks within 100 feet of any combustible material.
Consumer fireworks such that the sparks or any portion of the fireworks will land upon the property of another without the owner's express permission.
The possession and use of display fireworks within the Township shall comply with Act 43 of 2017 and the Township's Fire Code. Display fireworks may be possessed and used by a person (age 21 or older) holding a permit from the Township at the display covered by the permit, or when used as authorized by a permit for any of the following additional activities:
For agricultural purposes in connection with the raising of crops and the protection of crops from bird and animal damage.
By railroads or other transportation agencies for signal purposes or illumination.
In quarrying or for blasting or other industrial use.
In the sale or use of blank cartridges for a public show or theater.
For signal or ceremonial purposes in athletics or sports.
By military organizations or organizations composed of veterans of the armed forces of the United States.
Bond. The Township shall require a bond deemed adequate by the Board from the permittee in a sum not less than $50,000 conditioned on the payment of all damages which may be caused to a person or property by reason of the display fireworks and arising from an act of the permittee or an agent, an employee or a subcontractor of the permittee. The bonding requirement may be deemed unnecessary or reduced in amount by the Board of Supervisors for the additional activities listed immediately above.
Extension of permit.
Authorization. If, because of unfavorable weather, the use of display fireworks for which a permit has been granted does not occur at the time authorized by the permit, the person to whom the permit was issued may within 24 hours apply, in writing, for a request for extension to the Township. The requested continuance of the permit shall be not later than one week after the date originally designated in the permit.
Conditions. The extension of time shall be granted without the payment of an additional fee and without requiring a bond other than the bond given for the original permit, the provisions of which 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.
Display fireworks in Township's public parks and recreation areas. Display fireworks may only be permitted in a Township public park or recreational area by special permit issued by the Township as provided for under Chapter 57, Parks and Recreation Areas, of the Township Code, and subject to the rules and regulations of Chapter 57, and any additional regulations as set forth by the Park and Recreation Board.
Any person or entity that uses or sells consumer fireworks in violation of the provisions of this chapter shall be prosecuted in accordance with Act 43 of 2017. Any person or entity selling display fireworks in violation of the provisions of this chapter shall be prosecuted in accordance with Act 43 of 2017.