[HISTORY: Adopted by the Borough Council of the Borough of Yeadon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 150.
Fire prevention — See Ch. 156.
Noise — See Ch. 200.
Peace and good order — See Ch. 209.
[Adopted 12-7-1995 by Ord. No. 1245 as Ch. 690 of the 1995 Code]
No person shall manufacture, sell, store or discharge any fireworks or discharge any firearm or air rifle within the Borough, except as may be otherwise provided in Chapter 156, Fire Prevention.
Any person violating the provisions of this article shall, upon conviction, be subject to the penalties set forth in Chapter 1, General Provisions, Article II, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
[Adopted 8-9-2018 by Ord. No. 1384]
As used in this article, the following terms shall have the meaning indicated:
CONSUMER FIREWORKS
A. 
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 provisions for "consumer fireworks" as defined in APA 87-1 or any successor standard, the sale, possession and use of which shall be permitted throughout this commonwealth.
B. 
The term does not include devices as "ground- and handheld 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 this commonwealth.
DISPLAY FIREWORKS
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:
A. 
Salutes that contain more than two grains or 130 milligrams of explosive materials;
B. 
Aerial shells containing more than 60 grams of pyrotechnic compositions; and
C. 
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).
OCCUPIED STRUCTURE
A structure, vehicle or place adapted for overnight accommodation of persons or for conducting business, whether or not a person is actually present, including but not limited to any place issued a certificate of occupancy by the Borough of Yeadon, regardless of whether said structure is occupied.
The Code Department, in consultation with the Police Chief, Fire Chief and Borough, may issue a permit for the utilization of display fireworks, provided:
A. 
The Borough shall require a bond in the amount of at least $100,000 from the permittee for any and all damages which may be caused to a person or property by reason of the display and/or arising from an act or omission of the permittee, the permittee's agent, and/or an employee or subcontractor of the permittee.
B. 
Before a permit is issued for display fireworks, the Police Chief, Fire Chief, and Borough Manager must be satisfied that the display would not be unnecessary hazardous to property or endanger any person.
C. 
If the Code Department denies a permit application, the permittee shall file an appeal for a hearing before the Borough Council. The Borough Council shall hear all appeals in a timely fashion and render a decision on the appeal.
D. 
Display fireworks permits shall not be issued to a person under 21 years of age.
E. 
The permittee shall insure that the permittee, the permittee's agent, and/or employee(s) or subcontractor(s) of the permittee is under the influence of alcohol, a controlled substance or another drug.
A person who is at least 18 years or age may purchase, possess, or use consumer fireworks in the Borough of Yeadon, except:
A. 
No person may intentionally ignite or discharge consumer fireworks in the Borough of Yeadon on Borough property, including Borough-owned streets, parks, or facilities without the express written permission of the Borough;
B. 
No person shall utilize consumer fireworks within 150 feet of any occupied structure;
C. 
No person shall utilize consumer fireworks or sparkling devices while under the influence of alcohol, a controlled substance or another drug;
D. 
No person shall utilize consumer fireworks or sparkling devices within, or throw consumer fireworks or sparking devices from a moving vehicle or building or at another person.
A. 
A person using consumer fireworks in violation of the provisions of this article commits a summary offense, and upon conviction, shall be punished by a fine of not more than $100 for each use of consumer fireworks.
B. 
A person using display fireworks without a Borough-issued permit commits a summary offense, and upon conviction, shall be punished by a fine not to exceed $600 for each use of display fireworks.