[HISTORY: Adopted by the Borough Council of the Borough of
Quarryville 1-2-2024 by Ord. No. 453.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 207, Fireworks, adopted 9-7-1937 by Ord. No. 76.
This chapter shall be known and may be cited as the "Quarryville
Borough Fireworks Ordinance."
A.
Act 74 of 2022 amended Title 3 of the Pennsylvania Consolidated Statutes
(the "Fireworks Law") and became effective on September 9, 2022. The
Fireworks Law governs the sale, purchase and use of consumer fireworks
and display fireworks in the commonwealth, and the Fireworks Law authorizes
the Borough to prohibit or restrict certain uses of consumer fireworks
as defined in the Fireworks Law if the Borough determines that certain
conditions are met. The Fireworks Law also authorizes the adoption
of local rules and regulations by the Borough that govern permit approvals.
B.
Borough Council has determined that the full authority provided by
the Fireworks Law should be exercised in the interests of public safety.
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning. All terms defined
in the Fireworks Law and not defined below shall be interpreted in
accordance with the definitions in the Fireworks Law.
Quarryville Borough, Lancaster County, Pennsylvania.
The governing body of the Borough.
The Quarryville Fire Company Number One or any successor
entity providing first due fire response within the Borough.
Chapter 11, Fireworks, of Title 3, Agriculture, of the Pennsylvania
Consolidated Statutes, 3 Pa. C.S.A. § 1101 et seq.
The Quarryville Borough Police Department or any successor
agency providing police protective services within the Borough.
A.
In accordance with the Fireworks Law, a permit is required before
any use of display fireworks within the Borough. Permit application
forms are available through the office of the Borough Secretary during
normal business hours. The application must include facts sufficient
to establish that the display fireworks will not be ignited within
300 feet of sales locations for consumer fireworks and that the display
fireworks will be handled by a competent operator at least 21 years
of age who demonstrates evidence of fireworks handling and safety
training, all in accordance with Sections 1102 and 1107 of the Fireworks
Law. The application shall include the approval of the Chief of the
Fire Company and determination by the Chief of the Fire Company that
the display fireworks will not be located, discharged or fired in
such a manner as to be hazardous to property or an endangerment to
any person. The application shall be accompanied by a certificate
of insurance in accordance with Subsection 1102(d) of the Fireworks
Law. The applicant shall acknowledge acceptance of the requirements
otherwise established by state and federal law. Permit extensions
shall be permitted in accordance with Subsection 1102(e) of the Fireworks
Law, provided the extension sought receives a renewed approval by
the Chief of the Fire Company that the extended use would not be hazardous
to property or an endangerment to any person.
B.
In accordance with Section 1105(a) of the Fireworks Law, Borough
Council may, under this chapter, grant permits for the use of display
fireworks for agricultural purposes in connection with the raising
of crops and the protection of crops from bird and animal damage.
The application for such a permit must meet the requirements of this
section. A permit under Section 1105 shall remain in effect for the
calendar year in which it was issued. Sales, possession and use of
display fireworks for the purpose stated in the permit shall be lawful
for that purpose only.
C.
Applications for use of display fireworks shall be submitted at least
four weeks prior to the date of proposed use. No application is complete
without payment of the fee established by resolution by Borough Council.
Permits for the use of display fireworks may be granted by the Borough
Council, by the Borough Secretary, or by such official or officials
as are so designated by Borough Council, upon approval of the application.
A.
Consumer fireworks shall not be used between the hours of 10:00 p.m.
and 10:00 a.m. except:
B.
No person may intentionally use consumer fireworks at any location
prohibited by Section 1104(b) of the Fireworks Law.
C.
No person may use consumer fireworks on any land owned or leased
by the Borough, including, but not limited to, streets, parking lots,
sidewalks, and parks.
A.
In accordance with the provisions of Section 1114(1) of the Fireworks
Law, any person using consumer fireworks in violation of the provisions
of this chapter, for the first offense commits a summary offense,
and upon conviction shall, in addition or any other penalty authorized
by law, be punishable by a fine of not more than $500. A subsequent
offense under this chapter committed within three years of a prior
conviction shall constitute a summary offense and, upon conviction
shall, in addition to any other penalty authorized by law, be punishable
of a fine of not more than $1,000.
B.
Any person selling or using display fireworks in violation of the
Fireworks Law or this chapter is punishable in accordance with Section
1114(3) by a fine of not less than $10,000.
C.
Officers of the Police Department are authorized to enforce this
chapter and the Fireworks Law. Officers of the Police Department shall
not be required to issue any warning before enforcing this chapter
and the Fireworks Law.
D.
In addition to the fines set forth above, any person convicted under
this chapter shall be subject to the payment of all costs, including
the reasonable attorneys' fees of the Borough.
