This chapter is adopted and codified pursuant to 72 P.S. §§ 9401
through 9416 and in accordance with the authority to regulate fireworks
as set forth in the Pennsylvania Second Class Township Code at 53
P.S. § 66534, as well as the ability to ensure the public
safety and to define conduct that constitutes disturbing the peace
pursuant to the Pennsylvania Second Class Township Code, 53 P.S. § 65101
et seq., and the authority to abate and prohibit nuisances on property
pursuant to the Pennsylvania Second Class Township Code, 53 P.S. § 66529.
This chapter is intended to comply with all applicable state statutes
and/or laws regulating the use of fireworks within Middle Smithfield
Township. The Board of Supervisors of Middle Smithfield Township,
having found that the unregulated use and display of consumer and
display fireworks, including the noise and visual disturbances that
accompany such use and result from the ignition and discharge of such
devices, is detrimental to the physical, mental, and social well-being
of Township residents as well as similarly detrimental to their comfort,
living conditions, general welfare and safety, and peaceful enjoyment
of their residences, and as such is generally detrimental to the public
health, safety, and welfare, hereby declares that it is the intent
of this chapter to provide for greater control of the negative effects
of the display and use of consumer and display fireworks while balancing
the rights of the public to use such devices.
A person who is at least 18 years of age and meets the requirements
of this chapter may use consumer fireworks, subject to the restrictions
and limitations specifically contained herein.
A. A person may not intentionally ignite or discharge:
(1) Consumer fireworks on public or private property, including, but
not limited to, streets, parking lots, sidewalks and parks, without
the express permission of the owner or entity that controls the property.
(2) Consumer fireworks or sparkling devices within, directed at or directed
from a vehicle, occupied structure or building.
(3) Consumer fireworks or sparkling devices directed at another person.
(4) Consumer fireworks or sparkling devices while the person is under
the influence of alcohol, a controlled substance, or another drug.
(5) Consumer fireworks within 150 feet of a building, occupied structure
or vehicle, whether or not the building, occupied structure or vehicle
is owned by the user of the consumer fireworks.
(6) Consumer fireworks on any property owned or operated by the Township,
including parks, parking lots, streets, sidewalks, and rights-of-way.
(7) Consumer fireworks between the hours of 10:00 p.m. and 10:00 a.m.,
except:
(a)
On July 2, 3, and 4 and December 31, when consumer fireworks
may be used until 1:00 a.m. the following day; and
(b)
When July 4 falls on a Tuesday, Wednesday, or Thursday, consumer
fireworks may be used until 1:00 a.m. on the immediately preceding
and following Friday and Saturday.
(8) Consumer fireworks within 150 feet of an animal housing facility
or a fenced area designed to confine livestock owned or managed by
another person. If a person uses consumer fireworks at a distance
of 150 to 300 feet from an animal housing facility or fenced area
designed to confine livestock owned or managed by another person,
the user of consumer fireworks shall notify, in writing, the owner
or manager of the livestock at least 72 hours in advance of the use
that consumer fireworks will be used in the area.
In the event of any violation of this chapter or of the terms,
conditions or limitations noted on a permit for the use of display
fireworks, or in the event of any unsafe condition occurring before
or during the course of a fireworks display, or in the event of any
unsafe condition occurring as a result of any use of consumer, display
or other fireworks within the Township, the Pennsylvania State Police,
the Fire Chief for either the Marshalls Creek Fire Company, Bushkill
Volunteer Fire Company and/or Shawnee Fire Company, the Township Code
Enforcement Officer, and/or other authorized Township designee and/or
representative may, before or during the unsafe and/or violating occurrence,
order such use or display to be stopped in the interest of public
safety.
Any person, individual, partnership, copartnership, association
or corporation violating the provisions of this chapter with respect
to the use of consumer fireworks or display fireworks, or failing
to comply with any order pursuant to any section thereof shall be
guilty of a civil offense, and upon conviction thereof, shall be subject
to a fine of not less than $500 and not more than $1,000, plus all
court costs, including reasonable attorney fees incurred by the Township
as a result thereof. Each day that a violation continues shall be
deemed to be a separate offense.