[HISTORY: Adopted by the Borough Council
of the Borough of Abbottstown 10-18-2018 by Ord. No. 2018-01. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The term "consumer fireworks" as defined in 72 P.S. § 9401,
as may be amended.
The term "display fireworks" as defined in 72 P.S. § 9401,
as may be amended.
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.
Act 43 of 2017, 72 P.S. § 9401 et seq., as may
be amended.
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.
A.
It shall be unlawful for any persons, firms, or corporations to possess
or use display fireworks within the limits of the Borough unless a
permit is first granted by the Borough.
B.
Holders of permits to possess and use display fireworks within the
Borough must comply with and abide by all Pennsylvania and federal
statutes and regulations governing the use and storage of display
fireworks, including, but not limited to, the International Fire Code
and the Uniform Construction Code (Act 45 of 1999, as amended[1]) ("UCC"). In the event of an inconsistency between the
aforementioned state and federal laws and regulations and this chapter,
the more stringent statutes and regulations shall apply.
[1]
Editor's Note: See 35 P.S. §§ 7210.101 et seq.
C.
Before a permit for the possession and use of display fireworks may be issued, the applicant must apply to the Borough's building code official for a permit under the UCC. If the building code official indicates in writing that no UCC permit is required, the application shall be processed in accordance with this chapter. If a UCC permit is required, the applicant must present the valid UCC permit before a display fireworks permit may be issued under this chapter. If an applicant possesses a valid UCC permit, the site inspection requirements in § 120-4 are waived.
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.
A.
An application for a permit shall be made in writing to the Borough
at least 30 days in advance of the date of the proposed use of display
fireworks, setting forth the proposed date, time, and location, the
character and duration thereof, the name and address of the competent
operator, and the name and address of the owner(s) of the grounds
on which the display fireworks are to be used, with the written consent
of such owner(s) and a copy of any permit application required by
the International Fire Code and/or the UCC. The application shall
contain copies of all state, federal, and local permits and/or licenses
needed for the use of display fireworks. All applicants shall pay
the Borough the appropriate permit fee identified on the Borough's
duly enacted fee schedule and provide proof of liability insurance
acceptable to the Borough and the required bond prior to issuance
of a permit. The Borough Council or its designee may attach conditions
and/or restrictions on any permit for the use of display fireworks
as deemed necessary.
B.
Permits granted under this section shall be for the approved purpose, date, and time only, unless extended due to unfavorable weather under § 120-7.
C.
No permit for the use of display fireworks shall be issued to an
individual under the age of 21.
D.
No permit for the use of display fireworks shall be issued to an
individual unless said individual provides written documentation that
he or she has all necessary federal licenses and authorizations to
possess, store, and use display fireworks.
E.
No display fireworks shall be ignited within 300 feet of a permanent
or temporary fireworks facility licensed by the Pennsylvania Department
of Agriculture.
F.
No permit shall be issued to a business entity which performs, provides
or supervises the use of display fireworks for profit unless it provides
proof of registration with the Pennsylvania Attorney General.
G.
Permits issued pursuant to this chapter may be transferred in accordance
with Act 43 of 2017. Such transfers shall take effect only after:
1) the permit holder provides written notice of the proposed transfer
to the Borough; and 2) the transferee provides a written statement
that he or she agrees to comply with the requirements stated in the
permit and this chapter. Both must be provided to the Borough at least
10 days in advance of the transfer.
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.
