[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Chichester 1-12-2023 by Ord. No. 754.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 313, Fireworks, adopted 6-14-2007 by Ord. No. 636, as amended.
For purposes of this chapter, the definitions of "consumer fireworks" and "display fireworks" shall be that set forth in Section 1 of the Fireworks Law,[1] appearing here as Attachment A[2] to this chapter, and any successor legislation. As set forth therein, the term "consumer fireworks" shall not include devices such as "ground and hand-held sparkling devices," "novelties," or "toy caps."
[1]
Editor's Note: See 3 Pa.C.S.A. § 1101.
[2]
Editor's Note: Attachment A is on file in the Township offices.
A. 
In accordance with the Fireworks Law,[1] a permit is required before any use of display fireworks within the Upper Chichester Township limits. Permit application forms are available through the Township office 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 §§ 1102 and 1107 of the Fireworks Law. The application must include the approval of the Fire Marshal or other appropriate official as may be designated by the Township and 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 § 1102(d) of the Law. The applicant must acknowledge acceptance of the requirements otherwise established by state and federal law. Permit extensions shall be permitted in accordance with § 1102(e), provided the extension sought receives a renewed approval by the designated official that the extended use would not be hazardous to property or an endangerment to any person.
[1]
Editor's Note: See 3 Pa.C.S.A. § 1101 et seq.
B. 
In accordance with § 1105(a) of the Law, Upper Chichester Township 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 § 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. Permits for the use of display fireworks may be granted by Upper Chichester Township, by the Fire Marshall, or by such official or officials as are so designated by Upper Chichester Township, upon approval of the application and payment of a fee of $1,000.
In accordance with the Fireworks Law and based upon legislative findings that there is no location within the Township limits that meets statutory requirements, including but not limited to the prohibition of use within 150 feet of a building or vehicle, the use of consumer fireworks within those limits in accordance with § 1104(b)(5) of the Law is hereby prohibited.
Certified copies of this chapter shall be provided to the Judges of the Court of Common Pleas and all Magisterial Judges within the Township, posted on Upper Chichester Township's website, and made available to the public at the Township offices located at 8500 Furey Road, Upper Chichester, Pennsylvania.
Nothing in this chapter governs the sale of consumer fireworks for the period of one year from the effective date of the Fireworks Law in accordance with § 1106(a)(2) of the Law.
A. 
In accordance with the provisions of § 1114(1) of the 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 by a fine of not more than $1,000.
B. 
Any person selling consumer fireworks in violation of the Law is punishable in accordance with § 1114(2) be punishable by a fine of not less than $10,000.
C. 
Any person selling or using display fireworks in violation of the Law is punishable in accordance with § 1114(3) by a fine of not less than $10,000.
All ordinances or resolutions or parts ordinances or resolutions insofar as they are inconsistent herewith are hereby repealed and rescinded.
In the event any provision, section, sentence, clause or part of this chapter shall be held to be invalid, such invalidity shall not affect or impair any of the remaining provisions, sections, sentences, clauses or parts of this chapter; it being the intent of the Township that the remainder of the chapter shall be and shall remain in full force and effect.
This chapter shall take effect in accordance with the laws of the Commonwealth of Pennsylvania.