[Adopted 3-11-2019 by Ord. No. 3142]
Editor's Note: This ordinance also repealed former Art. I, Fireworks, adopted 2-13-1969 by Ord. No. 915, as amended.
Except as hereinafter provided, it shall be unlawful for any person to use and/or discharge rockets, powder or any other dangerous combustible material not included within the definition of "consumer fireworks," as defined below, within the corporate limits of the Township of Whitehall, County of Lehigh, Commonwealth of Pennsylvania.
It shall be unlawful for any person or entity of any nature whatsoever, to bargain and sell, offer for sale, sell, possess, barter, furnish, procure, use or store, rockets, or any mixture of compound of any explosive character not included within the definition of "consumer fireworks," as defined below, within the corporate limits of the Township of Whitehall, County of Lehigh, and Commonwealth of Pennsylvania.
[Amended 5-13-2019 by Ord. No. 3154]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- 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 that is suitable for use by the public and permitted to be sold, possessed and used through the Commonwealth of Pennsylvania.
- OCCUPIED STRUCTURE
- A structure, vehicle or place adapted for overnight accommodation of persons or for conducting business, whether or not a person is actually present.
- PYROTECHNIC DEVICE
- Any device not classified as a firework which produces a visible or audible effect by combustion for the purpose of entertainment, including novelty devices.
Restrictions on the use of fireworks. Fireworks are permitted in the Township of Whitehall, provided that they are used and sold in compliance with House Bill 542, Act No. 2017-43 and subject to the following restrictions:
No person shall discharge fireworks on any public or private property within 150 feet of any occupied structure. In the absence of any occupied structure, use or storage of fireworks on public or private property requires the express permission of the property owner.
No fireworks may be purchased, possessed, used or stored by any person under 18 years of age.
No fireworks or pyrotechnic device shall be discharged within, out of or toward any vehicle or building, or directed at any person.
No fireworks or pyrotechnic device shall be used by any person under the influence of alcohol, controlled substance, or other drug.
No fireworks or pyrotechnic device shall be discharged between 22:00 hours (10:00 p.m.) and 6:00 hours (6:00 a.m.), with the exception of New Year's Eve, when fireworks or pyrotechnic devices may be discharged until 00:30 hours on New Year's Day (January 1 at 12:30 a.m.) but not between the hours of 00:30 (12:30 a.m.) and 6:00 (6:00 a.m.).
Restrictions on the sale of fireworks. Fireworks are permitted in the Township of Whitehall, provided that they are used and sold in compliance with House Bill 542, Act No. 2017-43 and subject to the following restrictions:
Fireworks may be purchased at any licensed facility, including temporary ones as may be permitted under Pennsylvania law, with the licenses being issued by the Pennsylvania Department of Agriculture.
Temporary structures, including but not limited to tents and other structures found in parking lots, to the extent permitted to sell fireworks under Pennsylvania law, are permitted to sell fireworks in the Township of Whitehall between the dates of June 15 and July 8, and December 21 and January 2, each year.
Any temporary structures must comply with the current International Fire Code as well as any building codes adopted or enacted by the Township of Whitehall.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, 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 30 days. Each day that a violation of this article continues shall constitute a separate offense.