As used in this chapter, the following terms shall have the
meanings indicated:
CONSUMER FIREWORKS
The term "consumer fireworks" as defined in 72 P.S. § 9401,
as may be amended.
DISPLAY FIREWORKS
The term "display fireworks" as defined in 72 P.S. § 9401,
as may be amended.
FIRE CHIEF
The Fire Chief of United Hook & Ladder Co. 33 or the
Chief of the Fire Company which has entered into agreement with the
Borough of Abbottstown for protection.
FIREWORKS LAW
Act 43 of 2017, 72 P.S. § 9401 et seq., as may
be amended.
PUBLIC OFFICER
Any police officer, constable or Code Enforcement Officer,
sometimes herein referred to as Public Officer, designated by the
municipality to enforce the Borough ordinances, and also, to the extent
permitted by intrajurisdictional agreement(s), such other police officers
duly authorized thereunder.
No consumer fireworks may be discharged within the Borough of
Abbottstown before 9:00 a.m. or after 11:00 p.m. except for New Year's
Eve, when 11:00 p.m. shall be extended to 1:00 a.m. New Year's Day.
No consumer fireworks may be discharged within the Borough of Abbottstown
within 150 feet of an occupied structure which term is defined as
a structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business whether or not a person is actually
present.
Every use of display fireworks within the Borough shall be handled,
arranged, managed, and directly supervised by a competent operator.
The Borough Fire Chief and/or Fire Code Official, or other such officer
designated by the Borough's Council, shall inspect the proposed site
prior to issuing a permit in accordance with the International Fire
Code and other applicable regulations and ensure that the site and
proposed use of display fireworks are not hazardous to property, will
not endanger any person(s) and will be in compliance with said regulations.
The Borough shall require a bond from the applicant in an amount
deemed appropriate by the Borough Council or its designee. The bond
amount shall be no less than $500,000 and shall be provided for the
payment of any and all damages caused to any person(s) and property
by reason of the display and arising from any acts of the permittee
or the permittee's agents, employees, subcontractors, or volunteers.
The bond shall be in a form acceptable to the Borough and no permit
for the use of display fireworks shall be issued unless an acceptable
bond is received by the Borough.
If by reason of unfavorable weather the display for which a
permit has been granted does not take place at the time authorized,
the permittee may apply to the Borough within 24 hours, setting forth
under oath the fact that such display was not made, the reason, and
request for a continuance of such permit for a specifically designated
day, no later than one week after the day fixed originally in said
permit. Upon receiving such application for a continuance, the Borough
shall extend the provisions of the permit to the day fixed in the
application, no later than one week after the original day designated
in the permit, if it believes the facts to be true. Such extension
of time shall be granted without the payment of any additional fee
or requiring any bond other than the one given for the original permit.
The provisions of the original bond shall extend to and cover all
damages which may be caused by reason of said display taking place
at the 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.
Any person 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
30 days or by both such fine and imprisonment.
If any section, clause, provision or portion of this chapter
shall be held invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect any other section, clause,
provision or portion of this chapter so long as it remains legally
enforceable minus the invalid portion. The Borough reserves the right
to amend this chapter or any portion thereof from time to time as
it shall deem advisable in the best interests of the promotion of
the purposes and intent of this chapter, and the effective administration
thereof.
This chapter shall be effective at the earliest time permitted
by law after adoption.
This chapter is enacted the Council of the Borough of Abbottstown
under the Borough Code and any other applicable law arising under the Laws of
the Commonwealth of Pennsylvania, including but not limited to the
Fireworks Law.