Borough of Jacobus, PA
York County
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[HISTORY: Adopted by the Borough Council of the Borough of Jacobus 4-6-2011 by Ord. No. 2011-1. Amendments noted where applicable.]
Parks and recreation — See Ch. 156.
[Amended 9-5-2018 by Ord. No. 2018-1]
It shall be unlawful for any person, persons, firms or corporations, amusement parks, fair associations or other organizations or groups of individuals to have or to use display fireworks, as defined by 72 P.S. § 9401, within the geographic limits of the Borough, unless a permit therefor is first granted by the Borough Council, as hereinafter provided. The use of consumer fireworks, as defined by 72 P.S. § 9401, shall not require a permit, but such use is subject to compliance with 72 P.S. § 9404 and the regulations enacted herein.
As used in this chapter, the following terms shall have the meanings indicated:
The Borough Council of Jacobus Borough, York County, Pennsylvania.
Borough of Jacobus, York County, Pennsylvania, or a designated officer or employee of the same.
The declaration by any state or local agency or official that prohibits open or outside burning of any kind.
[Added 9-5-2018 by Ord. No. 2018-1]
An operator will be deemed competent pursuant to this chapter upon the discretionary approval of the Borough, which shall base its decision on an evaluation of documentation provided by a permit applicant concerning the proposed operator's age, past experiences, which include the number, type, and location of completed displays, training, and at least two references for said proposed operator.
A plan submitted with an application that shall include a description of the firing site, device layout, a complete and itemized list of all pyrotechnic devices to be displayed, including device and effect descriptions, quantities and sizes of aerial shells and ground display pieces, spectator location, fallout perimeter, distances between discharge area and spectator viewing areas, fireworks storage area, parking area, overhead utilities, streets and location of vehicles or readily combustible materials, proof of fire and police officials/equipment to be notified and present and a cleanup plan for display day and the next morning.
The Fire Chief of the Jacobus Goodwill Fire Company No. 1, or duly authorized representative.
Any composition or device designed to produce a visible or an audible effect by combustion, deflagration, or detonation and which meets the definition of "consumer fireworks" or "display fireworks" as defined by this chapter.
Any combustible or explosive composition of any substance or combination of substances intended to produce visible and/or audible effects by combustion and which is suitable for use by the public that 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 which complies with the provisions for consumer fireworks, as defined in the American Pyrotechnics Association (APA) Standard 87-1, or any successor standard. The term does not include such devices as ground and handheld sparkling devices, novelties and toy caps in APA Standard 87-1, the sale, possession and use of which is permitted throughout the commonwealth.
Large fireworks 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 2 grains (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as consumer fireworks. Display fireworks are classified as fireworks UN0333, UN0334 or UN0335 by the United States Department of Transportation at 49 CFR 172.101. This term also includes fused setpieces containing components which, together, exceed 50 mg of salute powder.
The Police Chief of York Area Regional Police (or such other police department appointed by the Borough), or duly authorized representative.
In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
[Amended 9-5-2018 by Ord. No. 2018-1]
Display fireworks. Any use of display fireworks within the limits of the Borough is prohibited unless a permit is obtained pursuant to this chapter. Display fireworks shall be handled by a competent operator, and the use of display fireworks shall be of such character and so located, discharged or fired as, in the opinion of the Fire Chief, after proper inspection, shall not be hazardous to property or endanger any person or persons. Use of display fireworks is prohibited during any period of time for which a burn ban has been declared within the Borough.
Consumer fireworks. Any use of consumer fireworks shall be consistent with the requirements set forth at 72 P.S. § 9404 and the regulations herein. Use of consumer fireworks is prohibited during any period of time for which a burn ban has been declared within the Borough.
[Amended 9-5-2018 by Ord. No. 2018-1]
An application for permit(s) shall be made, in writing, to the Borough at least 45 days in advance of the date of the use of display fireworks, setting forth the proposed location of the display, the character thereof, a detailed site plan, the names and addresses of all property owners located within 500 feet of the outermost edges of a proposed display's fallout perimeter, the name and address of the operator, and the name and address of the owner(s) of the grounds on which the display is to be held, with the consent of such owner(s) thereto, in writing, attached. All applicants, prior to the issuance of a permit, shall pay the Borough an application fee of $100; provide proof of the required bond; and pay the Borough, for reimbursement to the Jacobus Goodwill Fire Company No. 1, the sum of $500 for Fire Department coverage during the fireworks display. All such fees identified herein may be amended by resolution of the Borough Council from time to time.
If and after such permit shall have been granted by the Borough Council, or designee, possession and use of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
The Borough Council shall require a bond, deemed adequate by it, given by the permittee or licensee in an amount deemed appropriate by the Borough Council, in no event to be in an amount less than $2,000,000, conditioned on the payment of all damages caused to any person or persons and to any property by reason of the licensed display and arising from any acts of the licensee, his or its agents, employees, or subcontractors, which bond shall be filed with the Borough before any permit for a supervised public display of fireworks is delivered.
The permit application may include a requested rain date, and the permit may authorize a rain date to be included in the authorization of such display. If, by reason of unfavorable weather, the display for which a permit has been granted does not take place at the time(s) so authorized, the person to whom such permit was issued may, within 24 hours, apply to the Borough for a continuance of the permit, setting forth under oath the fact that such display was not made, giving the reason therefor, and requesting a continuance of such permit for a day designated therein, not later than one week after the day(s) fixed originally in said permit. Upon receiving such application for a continuance, the Borough, if it believes the facts stated therein are true, shall extend the provisions of said permit to the day fixed in said application, not later than one week after the original day(s) designated in the permit, and such extension of time shall be granted without the payment of any additional fee and without requiring any bond other than the one given for the original permit, the provisions of which shall extend to and cover all damages which may be caused by reason of said display taking place at such extended date in the same manner and to the same extent as if such display had taken place at the date originally fixed in the permit.
[Amended 9-5-2018 by Ord. No. 2018-1]
Any use of display and/or consumer fireworks must occur between the hours of 5:00 p.m. and 10:30 p.m. Display fireworks may be discharged between 5:00 p.m. and 12:30 a.m. on New Year's Eve into New Year's Day. Display fireworks must be discharged in accordance with the permit application submitted and approved by Borough Council. Consumer fireworks may not be used for more than:
A one-hour period within any twenty-four-hour period; and
Three hours, measured on a cumulative basis, in any given ten-day period.
This chapter shall be enforced by the Borough, Fire Chief and/or Police Chief.
[Amended 7-3-2013 by Ord. No. 2013-3]
Any person who shall violate the provisions of this chapter shall be subject to a summary criminal proceeding before the Magisterial District Justice as provided by the Pennsylvania Rules of Criminal Procedure, as may be amended from time to time. Upon a finding of a violation, a fine of not less than $450 nor more than $1,000, plus costs of prosecution, including court costs and reasonable attorney fees incurred by the Borough to prosecute the violation, shall be imposed, and such person may be subject to imprisonment of up to 15 days in the event such fines and costs are unpaid. Each day that such violation(s) continues shall be a separate violation of this chapter.
All provisions of this chapter are applicable in addition to and in accordance with any and all provisions set forth in Pennsylvania state law and any fire code or other rule or regulation duly adopted by the Borough.
If any provisions of this chapter should conflict with provisions of Pennsylvania state law, any fire code or other rule or regulation duly adopted by the Borough, the state law, regulation, or fire code shall prevail.