[HISTORY: Adopted by the Borough Council
of the Borough of Crafton 1-26-2023 by Ord. No. 1676.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 117,
Fireworks, adopted 2-25-2004 by Ord. No. 1558.
As used in this chapter, the following terms shall have the
meanings indicated:
A roofed structure or facility, or a portion thereof, used
for occupation by livestock or poultry.
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition.
The Code of Federal Regulations of the United States.
The official designated by the Borough to enforce Borough
ordinances.
Any combustible or explosive composition or any substance
or combination of substances that 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 is permitted in Pennsylvania. The term does not include devices
such as "ground and handheld sparkling devices," "novelties," or "toy
caps" in APA 87-1 or any successor standard, the sale, possession,
and use of which is permitted at all times in Pennsylvania.
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, salutes containing more than two grains (130 milligrams) of explosive
materials, aerial shells containing more than 40 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 by the U.S. Department of Transportation
under 49 CFR 172.101 (relating to purpose and use of hazardous materials
table). This term also includes fused set pieces containing components
which together exceed 50 milligrams of salute powder.
The Fire Chief of the Crafton Volunteer Fire Department or
such successor official fire protection agency providing fire protection
services to the Borough.
A.Â
The use, possession, and/or discharge of display fireworks is prohibited
in the Borough of Crafton unless a permit has been obtained from the
Borough Manager or the Borough Manager's designee.
B.Â
The Borough Manager shall not issue a permit for the use, possession
or discharge of display fireworks unless the following criteria are
met:
(1)Â
No display fireworks shall be ignited within 300 feet of a fireworks
sales location or facility that meets the requirements of 3 Pa.C.S.A.
§ 1107.
(2)Â
Display fireworks shall be handled by a competent operator at least
21 years of age who provides evidence of fireworks handling and safety
training.
(3)Â
Display fireworks shall only be located, discharged or fired from
a location that is deemed not to be hazardous to property or endanger
the health or safety of any person. The Borough Manager my request
the opinion of the Fire Chief or other person with similar training
or experience to make such a determination.
(4)Â
Insured in an amount not less than $1,000,000 conditioned for the
payment of all damages which may be caused to a person or property
by reason of the use of display fireworks and arising from an act
of the handler or an agent, an employee, or a subcontractor thereof.
A.Â
A person who is at least 18 years of age may purchase, possess and
use consumer fireworks.
B.Â
A person may not use consumer fireworks:
(1)Â
On public property, including, but not limited to, streets, parking
lots, sidewalks and parks;
(2)Â
On private property without the express permission of the owner or
entity that controls the property;
(3)Â
Within, directed at, or directed from a vehicle or building;
(4)Â
Directed at another person;
(5)Â
While the person is under the influence of alcohol, a controlled
substance or another drug;
(6)Â
Within 150 feet of a building or vehicle, whether or not the building
or vehicle is owned by the user of the consumer fireworks; or
(7)Â
Within 150 feet of an animal housing facility or a fenced area designed
to confine livestock owned or managed by another person, unless the
user of the consumer fireworks notifies, in writing, the owner or
manager of the livestock at least 72 hours in advance that consumer
fireworks will be used in that area.
C.Â
Consumer fireworks may not be used between the hours of 10:00 p.m.
and 10:00 a.m., except:
(1)Â
On July 2, 3, and 4, and December 31, consumer fireworks may be used
until 1:00 a.m. on the following day; and
(2)Â
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; and
(3)Â
On Memorial Day and Labor Day, including the immediately preceding
Saturday and Sunday, when consumer fireworks may be used until 1:00
a.m. on the following day.
A.Â
A person who violates any provision of this chapter, or who fails
to comply therewith or with any of the requirements thereof, shall
be guilty of a summary offense and, upon conviction thereof, sentenced
to pay a fine of not more than $500 for a first violation or $1,000
for each subsequent violation in accordance with 3 Pa.C.S.A. § 1114,
plus costs, and, in default of payment of said fine and costs, to
imprisonment to the extent permitted by law for the punishment of
summary offenses.
B.Â
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each provision of this
chapter found to have been violated. All fines and penalties for the
violation of this chapter shall be paid to the Borough Treasurer.
C.Â
The Borough may also commence appropriate actions in equity, at law
or other to prevent, restrain, correct, enjoin, or abate violations
of this chapter.
