[HISTORY: Adopted by the Board of Supervisors
of the Township of Doylestown1-15-2019 by Ord. No. 392. Amendments noted where applicable.]
[Amended 10-19-2021 by Ord. No. 402; 3-21-2023 by Ord. No. 409]
As of the effective date of this chapter, any use, firing off,
igniting or dispensing of any consumer fireworks within the Township
is hereby subject to the following restrictions:
A.
Permitted Days. The use of consumer fireworks within the Township
is restricted to the following holidays: New Year's Eve; New Year's
Day; Chinese New Year; Memorial Day, including the preceding weekend
of Memorial Day; July 2, July 3, July 4, and the preceding and following
weekends if July 4 falls on Tuesday, Wednesday, or Thursday of a given
week; Labor Day, including the preceding weekend of Labor Day; and
Diwali.
(1)
Exceptions.
(a)
Consumer fireworks may be used on days upon which special events
are scheduled. "Special events" shall refer to those events that the
Board of Supervisors deems as giving rise to an exception to the date
restrictions as described herein; including, but not limited to, weddings,
50th anniversaries, milestone birthdays, and the use or display of
fireworks for agricultural purposes.
(b)
In order for a Township resident to use consumer fireworks pursuant
to this exception, the resident must request the Board of Supervisors
to grant the exception at least 30 days prior to the special event.
The decision as to whether a resident's request is granted shall be
at the sole discretion of the Board of Supervisors.
(c)
No
consumer fireworks may be used, set off or otherwise displayed within
150 feet of a building or vehicle.
B.
Permitted times. On days when the use of consumer fireworks is otherwise
permitted, consumer fireworks may not be used between the hours of
10:00 p.m. and 10:00 a.m. except on July 2, 3, 4, and December 31;
on these days, fireworks may not be used past 1:00 a.m. during the
preceding and following Friday and Saturday and if July 4 falls in
the middle of the week, Tuesday, Wednesday, or Thursday.
A.
Authority for issuance of violation. Upon finding a violation, any
police officer may proceed under the Second Class Township Code at
53 P.S. §§ 66601(c.1)(2).
B.
Enforcement.
(1)
The provisions of this chapter shall be enforced by the police officers
employed by the Township of Doylestown.
(2)
Any violation of the provisions of this chapter may be cause for
a citation to be issued to the violator in conformance with law, with
a fine in the amount of up to $500; also, enforcement may include,
but not be limited to, 53 P.S. § 66601(c.1)(2), and no limitation
is intended under the Crimes Code or other law having application.
[Amended 3-21-2023 by Ord. No. 409[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
B(3) and (4), concerning second and third violations, respectively.
C.
Separate offense. Each day a violation continues or is permitted
to continue may constitute a separate offense for which a separate
fine may be imposed, with total fines not to exceed $1,000, i.e.,
the maximum amount provided in 53 P.S. § 66601 (c.1)(2).
D.
Fines and penalties.
(1)
Any person who violates this chapter may be issued a citation for
each offense as noted above; however, nothing herein limits the police
officer's(s') ability to act under any other valid law(s) of the commonwealth
having application.
(2)
Nothing herein is intended to impede or restrict the prosecution
of any criminal offense for any person continuing to violate the terms
of this chapter or any order to stop or desist from any illegal conduct
or from being charged with any separate offense under the criminal
codes or otherwise.
A.
All relevant ordinances, regulations, and policies of the Township
of Doylestown, Pennsylvania, not amended shall remain in full force
and effect. Any ordinance or part of an ordinance conflicting with
the provisions of this chapter shall be subordinate to this chapter
to the extent of such conflict, and the language contained in the
chapter shall control. Nothing herein is intended to repeal any other
ordinance of the Township of Doylestown.
B.
Further, nothing herein is intended on limiting the public officers
authority under other relevant law, including, but not limited to,
the Pennsylvania Fireworks Law, 2017 Bill Text PA H.B. 542.
If any section, clause, provision or portion of this chapter
shall be held invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect any other section, clause,
provision or portion of this chapter so long as it remains legally
enforceable minus the invalid portion. The Township reserves the right
to amend this chapter or any portion thereof from time to time as
it shall deem advisable in the best interests of the promotion of
the purposes and intent of this chapter, and the effective administration
thereof.
