[HISTORY: Adopted by the Board of Commissioners of the Township
of Shaler 7-8-2014 by Ord. No.
1925[1]. Amendments noted where applicable.]
It is the intent of this chapter to protect the health, safety
and welfare of the general public through limiting the use of fireworks.
Fireworks, by nature, contain explosives which when misused can damage
property and endanger human life. This chapter prohibits the use of
display fireworks by the general public but allows for public displays
of display fireworks by professional competent pyrotechnicians in
a safe manner. This chapter also prohibits all fireworks, whether
consumer or display fireworks, without a permit.
As used in this chapter, the following words and terms shall
have the meanings ascribed in this section unless the context of their
usage clearly indicates another meaning:
Any combustible or explosive composition or 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 (relating to the Standard for Construction for Approval for Transportation
of Fireworks, Novelties and Theatrical Pyrotechnics), or any successor
standard.
The term does not include devices known as ground and handheld
sparkling devices, novelties and toy caps in APA Standard 87-1, the
sale, possession and use of which shall be permitted as set forth
herein.
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 in this section.
Any devices designed to produce a shower of sparks or a cloud
of smoke, do not rise into the air or shoot projectiles into the air,
and do not explode or produce a report. They include: cylindrical
fountains, cone fountains, illuminating torch, wheels, ground spinners,
flitter sparklers, toy smoke devices and wire sparklers/dipped sticks
(the larger-type wire sparkler, up to 100 grams of pyrotechnic composition
per item).
A device containing small amounts of pyrotechnic and/or explosive
composition but does not fall under the category of consumer fireworks.
Such devices produce limited visible or audible effects. Examples
are snakes, tanks, poppers, snappers, toy smoke devices (not more
than five grams of pyrotechnic composition), snakes/glow worms (less
than two grams of composition), and wire sparklers/dipped sticks (up
to 100 grams of composition).
The Township of Shaler.
The Manager of the Township of Shaler.
Are plastic or paper caps for toy pistols in sheets, strips,
rolls or individual caps containing not more than 16 milligrams of
composition per cap.
On and after the first day of August 2008, it shall be unlawful
for any person or corporation to sell, offer for sale or expose for
sale or have in his, her or its possession with intent to sell, use,
discharge or cause to be discharged, ignited, fired or otherwise set
in action, within the limits of the Township of Shaler, any consumer
fireworks, except in compliance with the provisions of this chapter.
A.
The sale of ground and handheld sparkling devices, novelties and
toy caps shall be a permitted use in all NS Neighborhood Shopping
Districts, in all GC General Commercial Districts and in all I Industrial
Zoning Districts in the Township.
B.
The possession and use of ground and handheld sparkling devices,
novelties and toy caps shall be a permitted in all zoning districts
in the Township.
The use of fireworks, consumer fireworks or display fireworks
shall be strictly prohibited at any location within 200 feet of any
structure, property line, vehicle or roadway unless prior written
permission is received from all property owners within the two-hundred-foot
area and the Township.
A.
It shall be unlawful for any person, persons, firms or corporations,
amusement parks, fair associations or other organizations or groups
of individuals to use and/or hold public displays of display fireworks
within the limits of the Township of Shaler unless a permit therefor
is first granted by Shaler Township, as hereinafter provided.
B.
The applicant for a permit to display fireworks within this Township
must comply with and abide by any and all Pennsylvania and federal
statutes and regulations and any and all applicable county or other
local regulations governing the use, storage and display of fireworks,
including but not limited to the International Fire Code, as amended,
before receiving a permit under this chapter. All Pennsylvania, federal,
county and other local laws and regulations are incorporated herein
by reference. All regulations relating to the display of fireworks
under the International Fire Code and/or Uniform Construction Code
are also incorporated herein by reference. In the event of an inconsistency
between the aforementioned Pennsylvania, federal, county and other
local laws and regulations and this chapter, the more stringent regulation
shall apply. The applicant must further receive any and all requisite
Pennsylvania, federal, county and/or other local permits and/or licenses
relating to the proposed fireworks display.
C.
Every such fireworks display within the limits of the Township shall
be handled, arranged, managed and directly supervised by a licensed
and certified operator. Every such fireworks use and display within
the Township shall be of such a character and so located, discharged
or fired as not to be hazardous to property or endanger any person
or persons. The Township Fire Marshal or other such officer as may
be designated by the Township shall inspect the site where the fireworks
are to be used and displayed prior to the issuance of a permit in
accordance with the International Fire Code and other applicable regulations
and ensure that the site and proposed fireworks display are compliant
with said regulations. No permit for the use of fireworks shall be
issued until the Township Fire Marshal or other such officer as may
be designated by the Township determines that the requested permit
may be granted after inspecting the location for the requested display.
A.
An application for a permit shall be made in writing to the Township
at least 30 days in advance of the date of the proposed use and display
and shall set forth the proposed date, time and location of the use
and display, the character and duration thereof, the name and address
of the competent operator, and the name and address of the owner or
owners of the grounds on which the use and display is to be held,
together with the written consent of such owner or owners thereto,
and a copy of any permit application required by the International
Fire Code. The application for the permit shall also contain copies
of any and all state, federal and/or county permits and/or licenses
needed for the use and display of fireworks. All applicants shall
pay the Township the appropriate reasonable permit fee as set by resolution
of the Board of Commissioners from time to time before the issuance
of a permit. The Township Board of Commissioners may attach conditions
and/or restrictions on any permit for the use and display of fireworks
as it may in its sole discretion deem necessary.
B.
If and after such permit is granted by the Township Board of Commissioners
or an authorized designee, the possession, use and display of fireworks
for the approved display shall be lawful for that purpose, date and
time only and will automatically expire at the conclusion of the display
for which the permit has been issued. No permit granted hereunder
shall be transferable.
C.
No permit for the use and display of fireworks shall be issued to
an individual under the age of 18.
D.
The Board of Commissioners of the Township of Shaler shall require
liability insurance deemed adequate by the Board from the applicant,
permittee or licensee in an amount deemed appropriate by the Board
of Commissioners. The liability insurance amount shall be no less
than $2,000,000 and shall list Shaler Township, the Board of Commissioners,
individually and collectively, as well as the Township employees,
agents and consultants, as additional insureds. The liability insurance
shall be in a form acceptable to the Township, and no permit for a
fireworks display shall be issued unless an acceptable certificate
of insurance evidencing the required coverage is received by the Township.
E.
If by reason of unfavorable weather the fireworks 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, the following business
day, apply to the Township and set forth under oath the fact that
such use and display was not made, the reason the use and display
did not take place, and a request for a continuance of such permit
for a day designated therein. The continuance date shall be no later
than one week (seven days) after the day fixed originally in said
permit. Upon receiving such application for a continuance, the Township,
if it believes the facts stated therein are true, may extend the provisions
of said permit to the day fixed in said application, no later than
one week (seven days) after the original day designated in the permit,
and such extension of time shall be granted without the payment of
any additional fee and without requiring any insurance other than
the certificate of insurance given for the original permit, provided
that the provisions of the original certificate of insurance extend
to and cover all damages which may be caused by reason of said use
and display taking place at such extended date in the same manner
and to the same extent as if such use and display had taken place
at the date originally fixed in the permit.
In the event of any violation of this chapter or of the terms,
conditions or limitations noted on a permit for the display of 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, Shaler Township
Police, the Township Fire Marshal or the appropriate Township designee,
or any other 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.
Any person, firm, corporation or group of individuals found
in violation of this chapter shall, upon conviction before any Magisterial
District Judge, be sentenced to pay a fine of $1,000 per day for each
and every offense as well as costs of prosecution and, in default
of payment thereof, to imprisonment for a term not to exceed 90 days.
Each incident in violation of this chapter shall be considered a separate
offense and may be punishable as such.
