The purpose of Chapter
93 is to regulate the public use of consumer and display fireworks within the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
APA 87-1
The American Pyrotechnics Association Standard 87-1; Standard
for Construction and Approval for Transportation and Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 Edition.
CONSUMER FIREWORKS
A.
The term includes any combustible or explosive composition or
any substance 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, the sale, possession, and use of which shall
be permitted throughout the Township.
B.
The term does not include devices such as "ground and hand-held
sparkling devices," "novelties," or "toy caps" in APA 87-1, the sale,
possession and use of which shall be permitted at all times throughout
the Township.
DISPLAY FIREWORKS
As defined in 27 CFR 555.11 (relating to meaning of terms),
includes, but is not limited to, large fireworks, designed primarily
to produce visible or audible effect by combustion, deflagration,
or detonation. This term includes, but is not limited to, salutes
containing more than two grains (130 mg) of explosive materials, aerial
shells containing more than 40 grams or pyrotechnic compositions,
and other display pieces that exceed the limits of explosive materials
for classification as consumer fireworks. Display fireworks are classified
as fireworks UN0333, UN0334 or UN0335 by the U.S. Department of Transportation
at 49 CFR 172.101. This term also includes fused set pieces containing
components which together exceed 50 mg of salute powder.
VEHICLES
Every device in, upon or by which any person or property
is or may be transported or drawn upon by highway, except devices
used exclusively upon rails or tracks. The term does not include a
self-propelled wheelchair, or an electrical mobility device operated
by and designed for the exclusive use of a person with a mobility-related
disability.
As of the effective date of this chapter, any use, firing off,
igniting, or dispensing of any consumer fireworks within the Township
is hereby subject to the following restrictions:
A. Conditions. A person who is at least 18 years of age may purchase,
possess, and use consumer fireworks.
B. Prohibitions. A person may not intentionally use consumer fireworks:
(1) On private property or on public property, including, but not limited
to, streets, parking lots, sidewalks, and parks, without the express
written permission of the owner or entity that controls the property;
(2) Within, directed at, or directed from a vehicle or building;
(3) Directed at another person;
(4) While the person is under the influence of alcohol, a controlled
substance, or another drug; or
(5) Within 150 feet of a building or vehicle, whether or not the building
or vehicle is owned by the user of the consumer fireworks.
C. Permitted days.
(1) The use of consumer fireworks within the Township is not permitted
except on the following holidays: New Year's Eve, New Year's
Day, Chinese New Year, Memorial Day, July 2, 3, or 4, and Labor Day
as stated herein.
(2) Special events. In addition, consumer fireworks may be used on days
upon which special events are scheduled. "Special events" shall refer
to those events that the Board of Supervisors deem as giving rise
to an exception to the date restriction as described herein; including,
but not limited to, weddings, 50th anniversaries, and milestone birthdays.
In order for a Township resident to use consumer fireworks pursuant
to this exception, the resident must request the Board of Supervisors
to grant the exception at least 30 days' prior to the special
event. The decision as to whether a resident's request is granted
shall be at the sole discretion of the Board of Supervisors.
D. Permitted times.
(1) Consumer fireworks may not be used between the hours of 10:00 p.m.
and 10:00 a.m. except on July 2, 3, and 4, December 31, and Memorial
Day, (including the immediately preceding Saturday and Sunday), and
Labor Day (including the immediately preceding Saturday and Sunday),
when consumer fireworks may be used until 1:00 a.m. the following
day. 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.
(2) On the days the use of consumer fireworks is otherwise permitted,
said use is limited to the hours between 5:00 p.m. and 10:00 p.m.,
except that the use of consumer fireworks is allowed each year beginning
at 11:45 p.m. on New Year's Eve (December 31) to 1:00 a.m. on
New Year's Day (January 1).
Any use, firing off, igniting, or dispensing of any display
fireworks within the Township shall remain and is hereby subject to
permitting, enforcement, and penalties by the Township, Township Fire
Marshal and/or Police.
If any section, clause, provision, or portion of this chapter
shall be held invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect any other section, clause,
provision, or portion of this chapter, so long as it remains legally
enforceable minus the invalid portion. The Township reserves the right
to amend this chapter or any portion thereof from time to time as
it shall deem advisable in the best interest of the promotion of the
purposes and intent of this chapter and the effective date administration
thereof.