This chapter shall be known and may be cited as the "Palmyra Borough Fireworks Ordinance."
Section 1202(17) of the Borough Code, 8 Pa.C.S.A. § 1202(17), authorizes a Borough to regulate fireworks. The Commonwealth of Pennsylvania, by enactment of Act 43 of 2017, amended the Commonwealth's Fireworks Law by adding Article XXIV to the Tax Reform Code of 1971, codified at 72 P.S. § 9401 et seq. The Fireworks Law, as amended, has conferred certain authority upon municipal governments to regulate the use of display fireworks within their boundaries, including permit requirements, by establishing rules and regulations therefor. The Fireworks Law also allows public and private property owners to prohibit the use of fireworks on their property. Pursuant to the authority afforded it, the Borough desires to establish rules and regulations to regulate the use of display fireworks within its boundaries, including permit requirements and to prohibit the use of any fireworks on Borough property without a permit.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated:
BOROUGH The Borough of Palmyra, Lebanon County, Pennsylvania.
CONSUMER FIREWORKS Any fireworks meeting the definition of "consumer fireworks" under Section 2401 of the Tax Reform Code of 1971, 72 P.S. § 9401, as amended.
DISPLAY FIREWORKS Any fireworks meeting the definition of "display fireworks" under Section 2401 of the Tax Reform Code of 1971, 72 P.S. § 9401, as amended.
PERSON Any individual, partnership, corporation, limited liability company or other legal entity.
POLICE DEPARTMENT The Borough of Palmyra Police Department or any successor entity providing police protective services within the Borough.
The use of consumer fireworks within the Borough shall be subject to Section 2404 of the Tax Reform Act of 1971, 72 P.S. § 9404, as amended.
Prior to the issuance of any permit under §
196-5 hereof, the applicant shall deliver to the Borough evidence of the operator's registration with the Attorney General of Pennsylvania, and a bond, which shall be in the amount of $1,000,000, conditioned for payment of all damages which may be caused either to persons or to property by reason of the display and arising from any acts of the permit holder, his agents, employees or subcontractors.
The use of any fireworks, including consumer fireworks and display fireworks, on any Borough property, including, but not limited to, the streets and sidewalks of the Borough, and real property owned by the Borough for public parks, utility purposes, and/or for public buildings, unless a permit is obtained in accordance with this chapter, is prohibited.