[Ord. 752, 1/17/2012]
1.
Scope. The manufacture of fireworks is prohibited within the Borough. The display or discharge of consumer or display fireworks shall comply with the requirements of the Fireworks Law, 35 P.S. § 1271 et seq., 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].
2.
Permit Required. A permit shall be obtained from the Borough for the display or discharge of consumer and display fireworks in compliance with the provisions of the Fireworks Law, 35 P.S. § 1271 et seq., and the International Fire Code, 2009 edition, as amended, supplemented or replaced, implemented by the Uniform Construction Code [Chapter 5, Part 1].
3.
Permit Applications. Application for permits shall be made in writing
at least 15 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 granted
hereunder shall not be transferable, nor shall any such permit be
extended beyond the dates set out therein.
4.
CONSUMER FIREWORKS
DISPLAY FIREWORKS
Definition.
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(1) 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, or any successor standard.
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(2) The term does not include devices as "ground and hand-held
sparkling devices," "novelties" and "toy caps" in APA Standard 87-1,
the sale, possession and use of which shall be permitted at all times
throughout this Borough.
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As provided in 27 CFR 555.11 (relating to meaning of terms).
[Ord. 752, 1/17/2012]
1.
General. It shall be a violation of this Part for any person to conduct a public or private display of consumer fireworks and display fireworks within the Borough except in accordance with a permit issued upon application as provided in § 6-201, Subsection 3, 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 consumer fireworks and display fireworks for such display shall be lawful for that purpose only. No permit shall be transferable.
2.
Bond for Display. The permittee shall furnish a bond in an amount
deemed adequate by the Board of Supervisors but not less than $500,
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.
3.
Seizure of Fireworks. Any police officer of any police force serving
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 the Fireworks Law, 35 P.S. § 1271 et seq.
The owner shall also be responsible for the storage and, if deemed
necessary, the destruction of these fireworks.
[Ord. 752, 1/17/2012]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 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.
