[Ord. 1044, 3/26/2014, § 2; as amended by Ord.
No. 1070, 4/18/2018]
1. Definitions. For the purposes of this Part, the following terms shall
have the meanings set forth below, unless a different meaning clearly
appears from the context:
ACT 43
An act, signed into law October 30, 2017, amending the Act
of March 4, 1971 (P.L. 6, No. 2) known as the Tax Reform Code.
APA 87-1
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition.
CONSUMER FIREWORKS
A.
Any combustible or explosive composition or any substance or
combination of substances which is intended to produce visible or
audible effects by combustion, is suitable for use by the public,
complied 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 complies with the provisions for "consumer fireworks" as defined
in APA 87-1.
B.
The term does not include devices known as "ground and hand-held
sparkling devices," "novelties" or "toy caps" in APA 87-1, the sale,
possession and use of which shall be permitted at all times throughout
the Borough.
DISPLAY FIREWORKS
Large fireworks to be used solely by professional pyrotechnicians
and designed primarily to produce visible or audible effects by combustion,
deflagration or detonation. The term includes, but is not limited
to:
A.
Salutes that contain more than two grains or 130 milligrams
of explosive material;
B.
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
C.
Other display pieces that exceed limits of explosive materials
for classification as consumer fireworks under 49 CFR 172.101 (relating
to purpose and use of hazardous materials table).
OCCUPIED STRUCTURE
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business, whether or not a person is
actually present.
2. Scope. The manufacture of fireworks is prohibited within the Borough. The sale or offering for sale of display fireworks is prohibited within the Borough. The sale or possession of consumer fireworks is permitted pursuant to this Part. The display or discharge of consumer or display fireworks shall comply with the requirements of Act 43, the provisions of this Part and the provisions of the International Fire Code, 2009 edition, as amended, supplemented or replaced, implemented by the Uniform Construction Code (Chapter
5, Part
1).
[Ord. 1044, 3/26/2014, § 2; as amended by Ord.
No. 1070, 4/18/2018]
1. Permit Required. A permit shall be obtained from the Borough for the display or discharge of display fireworks in compliance with the provisions of Act 43 and the International Fire Code, 2009 edition, as amended, supplemented or replaced, implemented by the Uniform Construction Code (Chapter
5, Part
1).
2. Permit Applications. Application for permits shall be made in writing
at least 30 days in advance of the date of the display. Application
for said permit shall be made pursuant to the procedure provided in
the International Fire Prevention Code, 2009 edition, as amended,
supplemented or replaced. The possession, use and distribution of
fireworks for such display shall be lawful under the terms and conditions
approved with the permit and for that purpose only. A permit shall
only be issued to a person 21 years of age or older. A permit granted
hereunder shall be transferable.
3. Bond for Use of Display Fireworks Required. The applicant shall furnish
a bond in an amount deemed adequate by the Borough Council but not
less than $50,000, conditioned for the payment of all damages which
may be caused either to a person or persons or to property by reason
of the permitted display, and arising from any acts of the permittee,
the permittee's agents, employees or subcontractors.
4. Permit Extension. A permittee may apply for an extension if, because
of unfavorable weather, the display for which the permit was granted
does not occur at the time authorized by the permit. The permittee
must apply for the extension within 24 hours of the time authorized
by the permit. The request for the extension must comply with Act
43 and will be granted only with the same conditions as the original
permit, ensuring that the display occurs in the same manner and to
the same extent as if the display had occurred at the date originally
designated in the permit. The extension shall be granted without the
payment of an additional fee or additional bond.
[Added by Ord. No. 1070, 4/18/2018]
1. General. A person who is at least 18 years of age and meets the requirements
of this Part may purchase, possess and use consumer fireworks.
2. Prohibitions. A person may not intentionally ignite or discharge:
A. Consumer fireworks on public or private property without the express
permission of the property owner.
B. Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparking devices from, a motor vehicle or building.
C. Consumer fireworks or sparkling devices into or at a motor vehicle,
building or at another person.
D. Consumer fireworks or sparkling devices while the person is under
the influence of alcohol, a controlled substance or another drug.
E. Consumer fireworks within 150 feet of an occupied structure.
[Added by Ord. No. 1070, 4/18/2018]
1. General. It shall be a violation of this Part for any person to conduct a public or private display of display fireworks within the Borough except in accordance with a permit issued upon application as provided in §
6-602 of this Part. Every such display shall be handled by a competent operator and shall be of such a character and so located, discharged or fired as, in the opinion of the officer of the Borough charged with enforcement of the International Fire Code, or such other officer of the Borough as may be designated from time to time, in writing, after proper inspection, to not be hazardous to property or endanger any person or persons. After such privilege shall have been granted, possession and use of display fireworks for such display shall be lawful for that purpose only.
2. Prohibition. Display fireworks shall not be ignited within 300 feet
of a permanent or temporary facility selling consumer fireworks.
[Ord. 1044, 3/26/2014, § 2; as amended by Ord.
No. 1070, 4/18/2018]
1. Any person using consumer fireworks in violation of this Part shall
be guilty of a summary offense, and, upon conviction thereof, shall
be sentenced to pay a fine of not more than $100, plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
2. Any police officer of the Borough shall take, remove or cause to
be removed at the expense of the owner, all stocks of consumer fireworks
or display fireworks or combustibles offered or exposed for sale,
stored, or held in violation of this Part or Act 43. The owner shall
also be responsible for the storage and, if deemed necessary, the
destruction of these fireworks.