[Ord. 995, 12/10/2003]
The use, possession, discharge and/or display of fireworks is prohibited in the Borough of Aspinwall unless a permit has been obtained from the Borough pursuant the applicable Borough Fire Code, or Part 1 of Chapter 5 of the Code of Ordinances of the Borough of Aspinwall, Building Code, until such adoption of the Borough Fire Code. For the purposes of this chapter, fireworks shall be defined pursuant to the definition contained in the applicable Borough Fire Code, once adopted, or the BOCA National Fire Prevention Code, 1999 Edition, until such adoption of the Borough Fire Code.
[Ord. 995, 12/10/2003]
1.
Any person who violates a provision of this Part, or fails to comply
with any of the requirements thereof, shall be, upon conviction thereof
in an action brought before the district justice in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, sentenced to pay a fine of not less than $300
nor more than $1,000 plus all court costs, and in default of payment
of said fines and costs, to imprisonment to the extent permitted by
law for the punishment of summary offenses. A separate offense shall
arise for each day or portion thereof in which a violation is found
to exist or for each section of this chapter found to have been violated.
In addition to any other remedy available under law, the Borough may
enforce this chapter by an action in equity. All fines and penalties
collected for violation of this code shall be paid to the Borough
Treasurer. The initial determination of ordinance violation and the
service of notice of violation are hereby delegated to the Borough
Manager, the Police Chief, the Code Official/Building Inspector, Zoning
Officer, Code Enforcement Officer, Borough Fire Marshall and their
designees and to any other officer or agent that the Borough Manager
or the Borough Council deems appropriate.
2.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
