[HISTORY: Adopted by the Borough Council of the Borough of
Jacobus 4-6-2011 by Ord. No. 2011-1. Amendments noted where applicable.]
GENERAL REFERENCES
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.
A.
BOARD
BOROUGH
BURN BAN
COMPETENT OPERATOR
DETAILED SITE PLAN
FIRE CHIEF
FIREWORKS
(1)
(2)
POLICE CHIEF
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.
CONSUMER FIREWORKSAny 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.
DISPLAY FIREWORKSLarge 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.
B.
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]
A.
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.
B.
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:
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.
