It is the intent of the Board of Commissioners of South Fayette
Township 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, within 400 feet of any structure or residential property
line or parked vehicles or roadways and from being used or set off
within any closed structure or any building or tent.
As used in this chapter, the following terms shall have the
meanings indicated:
CONSUMER FIREWORKS
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, as amended, or any successor regulation, and
which complies with the provisions for consumer fireworks, as defined
in the American Pyrotechnics Association (APA) Standard 87-1, as amended,
or any successor standard. The term does not include devices such
as ground and hand-held sparkling devices and toy caps in APA Standard
87-1, as amended.
DISPLAY
The ignition of fireworks as defined herein.
FIREWORKS
Both consumer and display fireworks as defined herein, unless
specifically identified as either consumer or display fireworks.
TOWNSHIP
South Fayette Township, Allegheny County, Pennsylvania.
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, South Fayette
Township Police, Fire Chief of the fire company responsible for fire
protection at the place of the event 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, individual, partnership, co-partnership, association
or corporation violating the provisions of this chapter shall be guilty
of a summary offense and, upon conviction thereof, shall be punished
by a fine not exceeding $1,000 or by imprisonment not exceeding 90
days, or by both such fine and imprisonment.
All ordinances and parts of ordinances inconsistent with the
terms of this chapter are hereby repealed; provided, however, that
such repeal shall only be to the extent of such inconsistencies, and
in all other respects, this chapter shall be cumulative with the other
ordinances regulating and governing the subject matter covered by
this chapter.
If any section or provision or parts thereof in this chapter
shall be adjudged invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity of the ordinance
as a whole or any other section or provision of the part thereof.
This chapter shall be in full force and effect from and after
its passage and publication as required.