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.