[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.
[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.