[HISTORY: Adopted by the Borough Council of the Borough of
Tyrone 5-1-2000 by Ord. No. 1169; amended in its entirety 8-13-2018 by Ord. No. 1418. Subsequent amendments noted where applicable.]
No person, amusement park, municipality,
fair association, corporation, partnership, or other organization
or group of individuals shall conduct or attempt to conduct any public
display of display fireworks within the boundaries of the Borough
of Tyrone or within such distance of a boundary of the Borough of
Tyrone such that such display may affect the health, safety, welfare,
or property of person or entities in the Borough of Tyrone, unless
the person, amusement park, municipality, fair association, corporation,
partnership, or other organization or group of individuals first applies
and secures approval from the Borough of Tyrone for a permit authorizing
such display.
As used in this chapter, the following
terms shall have the meanings indicated:
Act 43 of 2017.[1]
Shall be as set forth in the Act which includes:
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, 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 complies with the provision for "consumer fireworks"
as defined in APA 87-1 or any successor standard, the sale, possession
and use of which shall be permitted at all times throughout the Commonwealth
of Pennsylvania.
The term does not include devices
listed as "ground and hand-held sparkling devices," "novelties" or
"toy caps" in APA 87-1 or any successor standard, the sale, possession
and use of which shall be permitted at all times throughout the Commonwealth
of Pennsylvania.
The Act allows any person at least
18 years of age to purchase, possess and use consumer fireworks but
such person may not intentionally ignite or discharge:
Consumer fireworks on public or private
property without the express permission of the owner.
Consumer fireworks or sparkling devices
within, or throw consumer fireworks or sparkling devices from a motor
vehicle or building.
Consumer fireworks or sparkling devices
into or at a motor vehicle or building or at another person.
Consumer fireworks or sparkling devices
while the person is under the influence of alcohol, a controlled substance
or another drug.
Consumer fireworks within 150 feet
of an occupied structure.
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:
Salutes that contain more than two
grains or 130 milligrams of explosive materials;
Aerial shells containing more than
60 grams of pyrotechnic compositions; and
Other display pieces that exceed
the limits of explosive materials for classification as consumer fireworks
and are classified as fireworks UN0333, UN0334 or UN0335 under 49
CFR 172.101 (relating to purpose and use of hazardous materials table).
A structure, other than a permanent facility with fixed utility
connections, which is in use or in place for a period of 20 consecutive
calendar days or less and is dedicated to the storage and sale of
consumer fireworks and related items. The term includes temporary
retail sales stands, tents, canopies and membrane structures meeting
the specifications of NFPA 1124. The term shall not include a facility
that is not licensed to sell consumer fireworks by the Commonwealth
of Pennsylvania.
[1]
Editor's Note: See 72 P.S. § 9401
et seq.
Applications for permitting approval
for a public display of display fireworks must be made, in writing,
at the Borough offices at least 30 days in advance of the display
date and shall indicate the name, address, and telephone number of
the person or entity applying for the permit along with the other
information as set forth below.
The Borough Council shall determine,
in its discretion and in accordance with the provisions of this chapter,
whether the permit shall be granted.
For the application to be approved
and a permit issued, the applicant must furnish satisfactory documentation
that the public display of display fireworks shall be handled by a
competent operator.
Any person who shall handle any public
display of display fireworks, in addition to any other requirement
set forth herein, shall be at least 21 years of age and have experiences
deemed satisfactory by the Chief of Police of the Borough in handling
such displays which have complied with all regulations required at
the location in which such displays have been held. To facilitate
the decision of the Borough Council as to whether the operator is
competent, the applicant shall submit the following in its application:
A.
The name, address, age and telephone number
of said proposed operator.
B.
The experience of said operator in the
public display of display fireworks, including the number of displays
conducted by said proposed operator, educational degrees, courses,
or other training with respect to the handling and display of display
fireworks and/or explosives, and any license held by the operator.
C.
Whether the operator has been licensed
by any governmental or private unit in the past with respect to the
public display of display fireworks.
D.
The names and addresses of at least two
references for which the proposed operator has conducted a public
display of display fireworks.
E.
A statement as to whether at any previous
public display of display fireworks conducted and/or supervised by
said operator there occurred any injury to persons and/or property
as a result of the public display of display fireworks.
F.
The application shall also set forth the
proposed date, time and length of the display, and the proposed location
for said display. Such application shall also include an alternate
date, time, place and location in the event such original display
of display fireworks does not take place due to unforeseeable weather
or other factors.
G.
The application should be signed by both
the applicant and the proposed operator and shall state that all information
contained in the application is true to the best of the signer's knowledge,
information and belief.
Before approval of any application
for a permit, the Borough Council shall inquire of the Chief of Police
of the Borough of Tyrone and the Borough Fire Chief as to whether
the proposed display of display fireworks will be hazardous to property,
or endanger any person or persons. Thereafter, and in the event that
the Borough Council is of the opinion that the proposed operator is
competent, and the Borough Council is otherwise satisfied that the
issuance of said permit will not endanger the health, safety, welfare
of any person or property, then the Borough Council in its discretion
may authorize the issuance of said permit. Pursuant to the Act, in
no event shall display fireworks be ignited within 300 feet of:
Said permit, if issued, shall only
authorize the applicant to conduct a public display of display fireworks
with the proposed operator present to operate said display at the
date or alternate date, time and location as set forth in the application.
Pursuant to the Act, if by reason
of unfavorable weather the display for which a permit has been granted
does not take place at the time or alternate time so authorized, the
person or other entity to whom such permit was issued may within 24
hours apply to the Borough Council, setting forth under oath that
such display was not made, giving the reason therefor, and requesting
a continuance of such permit for a day designated therein not later
than one week after the day fixed originally in said permit. Upon
receiving such application for a continuance, the Borough Council
may extend the provision of said permit to the day fixed in said application,
and such extension of time shall be granted without the payment of
any additional fee and without requiring any bond other than the one
given for the original permit, the provisions of which shall extend
to and cover all damages which may be caused by reason of said display
taking place at such extended date in the same manner and to the same
extent as if such display had taken place at the date originally fixed
in the permit.
Pursuant to the Act, the Borough
of Tyrone, before a permit is issued, shall require a bond from the
applicant in an amount of not less than $1,000,000 for the payment
of any and all liability, claims, causes of action, damages, costs,
demands whatsoever, in law or equity to any person or persons or to
property by reason of the permitted display, or arising from or in
any way connected with said display or any acts of the permittee,
permittee's agents, employees or subcontractors. The applicant's liability
for any damages arising by reason of the permitted display shall not
be limited to the amount of the bond.
A.
Permissible purposes. Pursuant to the Act,
display fireworks may be possessed and used by a person holding a
permit from the Township at the display covered by the permit or when
used as authorized by a permit for any of the following:
(1)
For agricultural purposes in connection
with the raising of crops and the protection of crops from bird and
animal damage.
(2)
By railroads or other transportation agencies
for signal purposes or illumination.
(3)
In quarrying or for blasting or other industrial
use.
(4)
In the sale or use of blank cartridges
for a show or theater.
(5)
For signal or ceremonial purposes in athletics
or sports.
(6)
By military organizations or organizations
composed of veterans of the armed forces of the United States.
B.
Permit requirements. A permit issued pursuant
to this chapter shall set forth the name of the applicant, the name
of the proposed operator, the date, time and location of said display,
and a clause whereby in consideration of the granting of the permit,
the applicant agrees to defend and indemnify and save harmless the
Borough of Tyrone and all its officers, agents and employees from
any and all liability, claims, causes of action, damages, costs, demands
whatsoever, in law or equity, against the Borough of Tyrone and all
its officers, agents and employees, as a result or in any way connected
with the public fireworks display.
A.
Enforcement. Any police officer and/or
other person authorized by the Borough Council may enforce the provisions
of this chapter.
B.
Penalty. Any person who shall violate any
provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not less than $500 and not more than $1,000 plus
the cost of prosecution, and/or be sentenced to imprisonment for a
term not to exceed 90 days. Every day that a violation of this chapter
continues shall constitute a separate and distinct offense which shall
be subject to the aforesaid penalties.
