[HISTORY: Adopted by the Borough Council of the Borough of
Wyalusing 12-19-2005 as Ch. 9
of the 2005 Code. Amendments noted where applicable.]
[Added 8-7-2017; amended
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The purpose of this chapter is to regulate firearms and fireworks
as authorized under the Borough Code found at 72 P.S. § 9401
et seq. and 8 Pa.C.S.A. § 1202(17).
A.
It shall be unlawful for any person, firm or corporation to detonate,
sell, offer for sale, detonate, or have in his, her or its possession
or custody for the purpose of sale any toy pistol, squib, skyrocket,
firecracker, roman candle, fire balloon or other combustible fireworks
or any article for the making of a pyrotechnic display in the Borough
of Wyalusing except sparklers.
B.
The Wyalusing Valley Volunteer Fire Department may apply for a permit
for their annual Firemen's Carnival fireworks display. There
shall be no fee for the Wyalusing Valley Volunteer Fire Department.
[Amended 8-7-2017]
C.
There shall be no fee for the Wyalusing Valley Volunteer Fire Department
for an approved starter pistol for any sporting event sponsored by
the Fire Department.
[Amended 8-7-2017]
No person shall fire any gun, pistol, BB Gun, air gun, pellet
gun, and/or paint ball gun within the limits of the Borough of Wyalusing
except in the Agricultural District and except for authorized law
enforcement officials in the discharge of their official duties.
[Amended 8-7-2017]
A.
Civil enforcement. Any person, firm or corporation who shall violate
any provision of this chapter shall, upon being found in violation
thereof, be subject to a civil penalty not to exceed $600 per violation
for each day of violation and for violation of each applicable section
of the chapter. If the penalty is not paid, the Borough shall initiate
a civil action for collection in accordance with the Pennsylvania
Rules of Civil Procedure.
B.
In addition, if found in violation, the violator shall be subject
to the assessment for court costs and reasonable attorney fees incurred
by the Borough in enforcement proceedings.
C.
The Council delegates the initial determination of the chapter violation
and service of notice of violation to the Code Enforcement Officer.
The Borough may enforce the chapter in equity in the Bradford County
Court of Commons.
[Added 8-7-2017]
In the event that any individual section or provision within
this chapter shall be found invalid, the invalidity shall pertain
only to the specific section, and all other aspects of this chapter
shall remain in full force and effect.
