[Ord. 2014-5, 4/8/2014]
As used in this Part, the following terms shall have the meanings
indicated:
The Board of Supervisors of Kingston Township, Luzerne County,
Pennsylvania.
Shall be the same as are defined in 27 CFR 555.11, and they
are any small firework device designed to produce visible effects
by combustion and which must comply with the construction, chemical
composition, and labeling regulations set forth in the rules of the
U.S. Consumer Product Safety Commission (Title 16, Code of Federal
Regulations, Parts 1500 and 1507). Some small devices designed to
produce audible effects are included, such as whistling devices, ground
devices containing 50 milligrams or less of explosive materials, and
aerial devices containing 130 milligrams or less of explosive materials.
Consumer fireworks are classified as fireworks by the United States
Department of Transportation, 49 CFR 172.101. This term does not include
fused set pieces containing components which together exceed 50 milligrams
of salute powder.
Large fireworks shall be the same as are defined in 27 CFR
555.11, and they are designed primarily to produce visible or audible
effects by combustion, deflagration, and detonation. This term includes,
but is not limited to, salutes containing more than two grains (130
milligrams) of explosive materials, aerial shells containing more
than 40 grams of pyrotechnic compositions, and other display pieces
which exceed the statutory and regulatory limits of explosive materials
for classification as consumer fireworks. Display fireworks are classified
as fireworks by the United States Department of Transportation (49
CFR 172.101). This term also includes fused set pieces containing
components which together exceed 50 milligrams of salute powder.
The enforcement officer, or in his absence or unavailability,
the assistant enforcement officer, both being duly designated by the
Township of Kingston.
Any one of the duly authorized Fire Chiefs of a fire department
serving and based in the Kingston Township, or in his absence or unavailability,
the Assistant Fire Chief.
Both consumer and display fireworks, as defined herein, unless
specifically identified as either consumer or display fireworks herein.
An adult individual who is a bona fide resident of Kingston
Township, Luzerne County, Pennsylvania, and who can produce proof
thereof upon demand made by any enforcement officer hereunder.
[Ord. 2014-5, 4/8/2014]
1.
Except as herein provided, it shall be unlawful for any person, copartnership,
association or corporation to offer for sale, expose for sale, sell
at retail, or use, detonate, or explode any type of fireworks, including,
but not limited to, consumer fireworks and display fireworks, at any
time or in any place within Kingston Township.
2.
Consumer Fireworks. Consumer fireworks may be possessed, used, and
detonated by a resident of Kingston Township, subject to the following
conditions:
A.
The consumer fireworks to be possessed, sold, used or detonated hereunder
must qualify as strictly as consumer fireworks under the statutes
and regulations of the agencies of the United States government and
the laws and agencies of the Commonwealth of Pennsylvania. The consumer
fireworks hereunder must be manufactured, transported, sold, possessed
and used in strict compliance with the aforesaid statutes, regulations,
laws and governmental agencies, and the burden to demonstrate such
compliance falls upon the resident.
B.
Any bona fide resident of Kingston Township who desires to possess,
sell, use, detonate, or explode any consumer fireworks hereunder must
be 18 years of age or older.
C.
Any adult bona fide resident of Kingston Township who desires to
possess, sell, use or detonate any consumer fireworks in Kingston
Township must first register the specific type of consumer fireworks
with the designated enforcement officer of Kingston Township and specify
the identity, age, and address of the resident and the time and place
where it is desired to possess, sell, use or detonate such consumer
fireworks and the specific location of the consumer fireworks until
the same are used or detonated. Upon registration of such consumer
fireworks when transporting such fireworks, the resident must maintain
upon his or her person a written authorization of registration issued
by the designated enforcement officer stating that the resident is
authorized to possess, sell, use, detonate, or explode only the consumer
fireworks specified as set forth in detail in the written authorization
of registration issued by the designated enforcement officer.
D.
No written authorization of registration of possession, sale, use,
or detonation of any consumer fireworks shall be valid for a period
greater than 30 days following its original date of issuance by the
enforcement officer.
F.
No consumer fireworks shall be used, exploded or detonated without
the prior approval of a duly authorized representative of Kingston
Township, and no authorized and registered consumer fireworks can
be exploded or detonated, as follows:
(1)
Within any enclosed structure;
(2)
Within a four-hundred-foot area of any structure, property line,
vehicle or roadway;
(3)
Within a fifty-foot area of any other person or persons than
the authorized resident;
(4)
Within any area of Kingston Township designated by Kingston
Township as a residential or commercial zoning district;
(5)
Before 12:00 noon and after 9:00 p.m. on any day of the week,
unless otherwise provided in the written authorization of registration
issued by the enforcement officer.
G.
No consumer fireworks may be sold, exploded, or detonated in any
location in Kingston Township other than the specific place or location
designated therefor in the written authorization of registration.
[Ord. 2014-5, 4/8/2014]
The Board of Supervisors shall have the power to grant permits
for supervised public displays of display fireworks to be held by
municipalities, fair associations, civic organizations, religious
organizations, amusement parks and other like organizations or groups
of individuals. Such displays can be open to the public by admission
tickets or no admission tickets. Every such display shall be implemented
and overseen by a competent and licensed pyrotechnic operator to be
approved by the enforcement officer or a Fire Chief representing a
fire company situated within the Township of Kingston. Such public
displays of display fireworks shall be of such a nature and shall
be so located, and shall be discharged or detonated, only so as not
to be hazardous to property and shall not endanger any person or persons
when displayed as, in the controlling opinion of the enforcement officer
and/or the Chief of the Fire Department and/or such other officer,
after proper inspection.
[Ord. 2014-5, 4/8/2014]
Applications for permits for public displays of display fireworks
shall be made in writing to Kingston Township at least 15 days in
advance of the date of the display. After such privilege shall have
been granted, the sales, possession and use of the display fireworks
for such display event or purposes shall be lawful for that submitted
purpose only. No permit granted hereunder shall be transferable.
[Ord. 2014-5, 4/8/2014]
The Board of Supervisors of Kingston Township hereby requires
a bond to be provided by any permittee hereunder to conduct a fireworks
display in Kingston Township in an amount not less than $1,000,000,
which shall be a condition for approval of the grant of permit and
is conditioned for the payment of all damages which may be caused
either by or to a person or persons or to property by reason of the
permitted display and arising from any acts of the permitee, his or
her agents, employees or subcontractors. The Township also requires
proof of liability insurance issued to the permittee in the amount
of at least $l,000,000 per claim for the aforesaid purpose from a
reputable insurance company authorized to conduct business in the
Commonwealth of Pennsylvania. Kingston Township shall be a named co-insured
in such policy of such liability insurance. Further, the licensee
or permitee shall indemnify, save harmless and defend Kingston Township
from any injury to persons or damage to property arising out of the
use by the permittee of display fireworks by a writing executed prior
to the grant of any permit.
[Ord. 2014-5, 4/8/2014]
If, by reason of unfavorable weather, the display for which
a permit has been granted does not take place at the time so authorized,
the person to whom such permit was issued may, within 24 hours, apply
to Kingston Township setting forth, under oath, the fact that such
display was not made, stating the reason therefor, and requesting
the continuance of such permit for a day designated therein, not later
than one week after the day fixed originally in said permit.
[Ord. 2014-5, 4/8/2014]
Each of the restrictions imposed on the possession, use, explosion
or detonation of all types of fireworks, whether consumer fireworks
or display fireworks, stated hereunder in § 702.2, shall
apply equally to all types of fireworks sold, used, possessed, detonated,
or exploded in Kingston Township, and, accordingly, § 702.2
hereof shall be specific restrictions generally applicable to the
sale, possession and use of all fireworks in Kingston Township.
[Ord. 2014-5, 4/8/2014]
In the event of any violation of this Part or the terms, conditions,
or limitations noted on a written registration authorized for the
use of consumer fireworks or on a permit for the display of display
fireworks, or in the event of any unsafe condition occurring before
or during the course of a fireworks public display, or in the event
of any unsafe condition occurring as a result of any use of consumer,
display, or other fireworks within Kingston Township, the Pennsylvania
State Police, the Kingston Township police, a Fire Chief of a fire
company located in Kingston Township responsible for fire protection
at the place of the event or the appropriate Township designee or
any other duly authorized Township representative may, before or during
the unsafe and/or violating occurrence, order such fireworks use or
display to be stopped in the interest of public safety.
[Ord. 2014-5, 4/8/2014]
Kingston Township hereby recognizes the authority of the United
States government and the Commonwealth of Pennsylvania and the fireworks
laws, rules, or regulations of each jurisdiction, as the same may
be amended from time to time, regarding the manufacture, transport,
holding, offering or exposing for sale, and the display, use, and
possession, of combustible materials and items commonly referred to
as "fireworks." Whenever there is any conflict between the terms of
this Part and a statute, rule or regulation of the United States government
or the Commonwealth of Pennsylvania, the more strict provision(s)
shall apply.
[Ord. 2014-5, 4/8/2014]
Any person, individual, partnership, copartnership, association
or corporation violating the provisions of this Part shall be guilty
of a summary criminal offense and, upon conviction thereof, shall
be punished by a fine not exceeding $1,000 or by imprisonment not
exceeding 60 days, or by both fine and imprisonment.
