[HISTORY: Adopted by the Borough Council of the Borough of Lake City 10-8-2018 by Ord. No. 432-18. Amendments noted where applicable.]
In order to protect life and property in the Borough of Lake City, the Borough is authorized by the Fireworks Law, 35 P.S. § 1275.2, in promulgating rules on the issuance of permits.
As used in this chapter, the following terms shall have the meanings indicated:
- CODE OFFICER
- Such official designated by Borough Council to carry out duties under this chapter.
- FIRE CHIEF
- The Borough of Lake City Fire Chief.
- FIREWORKS LAW
- Title. 35 P.S., Ch. 13A, Refs & Annos, PA ST T. 35 P.S., Ch. 13A Fireworks Law, 35 P.S. 1271 et seq.
- FIREWORKS or FIREWORK
- The terms "consumer fireworks" and "display fireworks" as defined in 35 P.S. § 1271 et seq., as may be amended.
- PUBLIC OFFICER
- Any Lake City Borough police officer, sometimes herein referred to as public officer, designated by the municipality to enforce the Borough ordinances, and also to the extent permitted by interjurisdictional agreement(s) such other police officers duly authorized thereunder.
Discharge of fireworks shall be by permit.
Permits for display of fireworks (consumer fireworks and display fireworks) may be granted upon application to the Code Officer after approval of the Lake City Borough Fire Chief, and filing of a bond and/or certificate of insurance by the applicants as provided in § 36-4A. The application shall specify the composition, character, and proposed location, manner of discharge or firing, current registration with the Pennsylvania Attorney General inclusive of name of such entity/person. Every such display shall be handled by a competent operator registered as noted above and approved by the Code Officer and shall be of such composition, character, and so located, discharged or fired as in the opinion of the Code Officer, after consultation with the Fire Chief, and after proper inspection, and shall not be hazardous or endanger any person or persons. Further the applicant must certify to the Code Officer and Fire Chief that the possession, transportation, use and distribution of fireworks for display purposes will be conducted in accordance with the applicable standard specified in NFPA No 1122L, NFPA 1123 and 1126 as may be amended. No such permit shall be issued to a person younger than 21 years of age, as provided under 35 P.S. § 1275. All permittees must be registered with the Pennsylvania Attorney General Office under the Pennsylvania Fireworks Law, 35 P.S. § 1276.2, as may be amended.
Applications for permits shall be made in writing at least 30 days in advance of the date of the display. After such privilege has been granted, sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. An extension shall be governed by 35 P.S. § 1274, as may be amended, when display prevented by unfavorable weather. The Borough may from time to time adopt an application and fees by resolution; the initial application fee shall be $100 per permit. The Borough will allocate $50 of the application fee to the Lake City Fire Company.
The possession and use of fireworks for display purposes shall be conducted so as to be reasonably safe to persons and property. Fireworks cannot be discharged within 500 feet of any structure. Evidence by way of certification in the application that the possession, transportation, use and distribution of fireworks for display purposes will be conducted in accordance with the applicable standard specified in NFPA No 1122L, NFPA 1123 Code for Fireworks Display and NFPA Standard for the use of Pyrotechnics Before a Proximate audience 1126, as may be amended, shall be evidence that such design, construction, and use provides reasonable safety to persons and property. Further to the extent allowed by law the Code Officer, Fire Chief and Borough shall have no liability for harm or injury based upon such certification and the applicant and permittee shall indemnify and hold harmless the Code Officer, Fire Chief and Borough from all claims based upon the application composition, character, location, transportation, distribution, discharged or firing.
The Code Officer shall require a bond and/or a certificate of insurance from the permittee in a sum not less than $250,000 conditioned on compliance with the provisions of this chapter, naming the Code Officer, Fire Chief and Borough of Lake City as an additional insured with a notice of cancelation to the additional insured. Failure of the Borough to require or lapse of a bond/insurance shall not be grounds for liability to additional insured.
Before any permit for a pyrotechnic display shall be issued, the person, firm or corporation making application therefore shall furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such person, firm or corporation or any agent or employee thereof, in such amount, character and form as the Public Officer determines to be necessary for the protection of the public.
Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining.
A police officer may seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in violation of state law as authorized under 35 P.S. § 1278.
Upon finding a violation, any police officer, as previously defined herein, may proceed under 35 P.S. § 1277, as may be amended.
The provisions of this chapter shall be enforced by the Lake City Borough Police, and as such phrase is otherwise defined above, or the Pennsylvania State Police.
Any violation of the provisions of this chapter may be cause for a citation to be issued to the violator in conformance with law, with a fine of no less than $250 and no more than $600; also, enforcement may include but not limited to 35 P.S. § 1277, as may be amended, as well as, no limitation is intended under the Crimes Code or other law having application.
Each day a violation continues or is permitted to continue may constitute a separate offense for which a separate fine may be imposed.
Any person who violates this chapter may be issued a citation for each offense as noted above; however, nothing herein limits the police officer's(s') ability to act under 35 P.S. § 1277, PA Crimes Code or other law having application.
Nothing herein is intended to impede or restrict the prosecution of any criminal offense for any person continuing to violate the terms of this chapter or any order to stop or desist from any illegal conduct or from being charged with any separate offense under the criminal codes or otherwise.