[HISTORY: Adopted by the Borough Council of the Borough of
Bonneauville 8-21-2018 by Ord.
No. 113. Amendments noted where applicable.]
In order to protect life and property in the Borough of Bonneauville,
the Borough as authorized by the Fireworks Law, 35 P.S. § 1275.2,[1] is promulgating rules on the issuance of permits.
[1]
Editor's Note: 35 P.S. § 1275.2 was repealed by
2017, Oct. 30, P.L. 672, No. 43, § 48(4). See now 72 P.S.
§ 9406.
As used in this chapter, the following terms shall have the
meanings indicated:
Such official designated by Borough Council to carry out
duties under this chapter.
The term "consumer-grade fireworks" as defined in 35 P.S.
§ 1271 et seq.,[1] as may be amended; "Class C" or "consumer-grade" fireworks
that include firecrackers, Roman Candles, bottle rockets, and similar
fireworks that contain a maximum of 50 milligrams of explosive material.
The term "display-grade fireworks" as defined in 35 P.S.
§ 1271 et seq.,[2] as may be amended; which are classified as including salutes
that contain more than two grains or 130 milligrams of explosive materials,
and professional-grade aerial shells containing more than 60 grams
of pyrotechnic compositions.
The Fire Chief of United Hook & Ladder Co. 33 or the
Chief of the fire company which has entered into agreement with the
Borough of Bonneauville for protection.
Title 35 P.S., Ch. 13A, Refs & Annos, PA ST T. 35 P.S.,
Ch. 13A Fireworks Law, 35 P.S. § 1271 et seq.[3]
Any police officer, constable or Code Enforcement Officer,
sometimes herein referred to as public officer, designated by the
municipality to enforce the Borough ordinances, and also to the extent
permitted by intrajurisdictional agreement(s) such other police officers
duly authorized thereunder.
[1]
Editor's Note: 35 P.S. § 1271 et seq. was repealed
by 2017, Oct. 30, P.L. 672, No. 43, § 48(4). See now 72
P.S. § 9401.
[2]
Editor's Note: 35 P.S. § 1271 et seq. was repealed
by 2017, Oct. 30, P.L. 672, No. 43, § 48(4). See now 72
P.S. § 9401.
[3]
Editor's Note: 35 P.S. § 1271 et seq. was repealed
by 2017, Oct. 30, P.L. 672, No. 43, § 48(4). See now 72
P.S. § 9401.
A.
Discharge of fireworks shall be by permit.
B.
Permits for consumer fireworks may be granted upon application to
the Borough Secretary. The application shall specify the composition,
character and proposed location, and manner of discharge or firing.
No such permit shall be issued to a person younger than 18 years of
age, as provided under 35 P.S. § 1275.[1] All permittees must be registered with the Pennsylvania
Attorney General's Office under the Pennsylvania Fireworks Law 35
P.S. 1276.2,[2] as may be amended.
C.
Applications for permits shall be made in writing at least seven
days in advance of the date of the display. After such privilege has
been granted, sale, possession, use and distribution of fireworks
for such display shall be lawful for that purpose only for 30 days
from the time of the issue of permit. No permit granted hereunder
shall be transferable. An extension shall be governed by 35 P.S. § 1274,[3] as may be amended, when display is prevented by unfavorable
weather. The Borough may from time to time adopt an application and
fees by resolution; the initial application fee for a consumer fireworks
permit shall be $25 per permit.
[3]
Editor's Note: 35 P.S. § 1274 was repealed by 2017,
Oct. 30, P.L. 672, No. 43, § 48(4).
D.
The possession and use of fireworks for display purposes shall be
conducted so as to be reasonably safe to persons and property. As
such, the following restrictions will be enforced. Consumer-grade
fireworks: cannot be ignited or discharged on a public or private
property without express permission of the property owner; cannot
be discharged from or within a motor vehicle or building; cannot be
discharged toward a motor vehicle or building; cannot be discharged
within 150 feet of an occupied structure; cannot be discharged while
the person is under the influence of alcohol, a controlled substance,
or another drug; cannot be discharged by a person younger than 18
years of age without the direct supervision of the permit holder.
Further, to the extent allowed by law, the Code Officer, Fire Chief
and Borough shall have no liability for harm or injury and the applicant
and permittee shall indemnify and hold harmless the Code Officer,
Fire Chief and Borough from all claims based upon the application
composition, character, location, transportation, distribution, discharged
or firing.
E.
No consumer fireworks may be discharged after 11:00 p.m. or before
6:00 a.m. at any time.
A.
Discharge of fireworks shall be by permit.
B.
Permits for display fireworks may be granted upon application to the Code Officer after approval of the Fire Chief and filing of a bond and/or certificate of insurance by the applicants as provided in § 113-4A. The application shall specify the composition, character, and proposed location, manner of discharge or firing, current registration with the Pennsylvania Attorney General inclusive of name of such entity/person. Every such display shall be handled by a competent operator registered as noted above and approved by the Code Officer and shall be of such composition, character, and so located, discharged or fired as in the opinion of the Code Officer, after consultation with the Fire Chief, and after proper inspection, and shall not be hazardous or endanger any person or persons. Further, the applicant must certify to the Code Officer and Fire Chief that the possession, transportation, use and distribution of fireworks for display purposes will be conducted in accordance with the applicable standard specified in NFPA No 1122L, NFPA 1123 and 1126 as may be amended. No such permit shall be issued to a person younger than 21 years of age, as provided under 35 P.S. § 1275.[1] All permittees must be registered with the Pennsylvania
Attorney General's Office under the Pennsylvania Fireworks Law 35
P.S. 1276.2,[2] as may be amended.
C.
Applications for permits shall be made in writing at least 30 days
in advance of the date of the display. After such privilege has been
granted, sale, possession, use and distribution of fireworks for such
display shall be lawful for that purpose only. No permit granted hereunder
shall be transferable. An extension shall be governed by 35 P.S. § 1274,[3] as may be amended, when display is prevented by unfavorable
weather. The Borough may from time to time adopt an application and
fees by resolution; the initial application fee shall be $75 per permit.
[3]
Editor's Note: 35 P.S. § 1274 was repealed by 2017,
Oct. 30, P.L. 672, No. 43, § 48(4).
D.
The possession and use and of fireworks for display purposes shall
be conducted so as to be reasonably safe to persons and property.
Evidence by way of certification in the application that the possession,
transportation, use and distribution of fireworks for display purposes
will be conducted in accordance with the applicable standard specified
in NFPA No. 1122L, NFPA 1123 Code for Fireworks Display and NFPA Standard
for the use of Pyrotechnics Before a Proximate audience 1126, as may
be amended, shall be evidence that such design, construction, and
use provide reasonable safety to persons and property. Further, to
the extent allowed by law, the Code Officer, Fire Chief and Borough
shall have no liability for harm or injury based upon such certification
and the applicant and permittee shall indemnify and hold harmless
the Code Officer, Fire Chief and Borough from all claims based upon
the application composition, character, location, transportation,
distribution, discharged or firing.
E.
No fireworks may be discharged after 11:00 p.m. or before 6:00 a.m.
at any time.
A.
The Code Officer shall require a bond and/or a certificate of insurance
from the permittee in a sum not less than $250,000 conditioned on
compliance with the provisions of this article, naming the Code Officer,
Fire Chief and Borough of Bonneauville as an additional insured with
a notice of cancelation to the additional insured. Failure of the
Borough to require or lapse of a bond/insurance shall not be grounds
for liability to additional insured.
B.
Before any permit for a pyrotechnic display shall be issued, the
person, firm or corporation making application therefore shall furnish
proof of financial responsibility to satisfy claims for damages to
property or personal injuries arising out of any act or omission on
the part of such person, firm or corporation or any agent or employee
thereof, in such amount, character and form as the public officer
determines to be necessary for the protection of the public.
Any fireworks that remain unfired after the display is concluded
shall be immediately disposed of in a way safe for the type of fireworks.
The public officer may seize, take, remove or cause to be removed
at the expense of the owner all stocks of fireworks offered or exposed
for sale, stored or held in violation of state law as authorized under
35 P.S. § 1278.[1]
[1]
Editor's Note: 35 P.S. § 1278 was repealed by 2017,
Oct. 30, P.L. 672, No. 43, § 48(4). See now 72 P.S. § 9415.
Upon finding a violation, any public officer, as previously
defined herein, may proceed under 35 P.S. § 1277,[1] as may be amended.
[1]
Editor's Note: 35 P.S. § 1277 was repealed by 2017,
Oct. 30, P.L. 672, No. 43, § 48(4). See now 72 P.S. § 9414.
A.
The provisions of this chapter shall be enforced by the public officers
assigned by the Borough of Bonneauville, and as such phrase is otherwise
defined above, or the Pennsylvania State Police.
B.
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 of no less than $250 and no more than $600 also, enforcement
may include but not limited to 35 P.S. § 1277,[1] as may be amended; as well as, no limitation is intended
under the Crimes Code or other law having application.
[1]
Editor's Note: 35 P.S. § 1277 was repealed by 2017,
Oct. 30, P.L. 672, No. 43, § 48(4). See now 72 P.S. § 9414.
Each day a violation continues or is permitted to continue may
constitute a separate offense for which a separate fine may be imposed.
A.
Any person who violates this chapter may be issued a citation for
each offense as noted above; however, nothing herein limits the Public
Officer(s) ability to act under 35 P.S. § 1277,[1] Pennsylvania Crimes Code or other law having application.
[1]
Editor's Note: 35 P.S. § 1277 was repealed by 2017,
Oct. 30, P.L. 672, No. 43, § 48(4). See now 72 P.S. § 9414.
B.
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.
All relevant ordinances, regulations, and policies of the Borough
of Bonneauville, 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 the Bonneauville
Borough Zoning Ordinance. Further nothing herein is intended on limiting
the public officers' authority under Title 35 P.S., Ch. 13A, Refs
& Annos, PA ST T. 35 P.S., Ch. 13A Fireworks Law, 35 P.S. 1271
et seq.[1]
[1]
Editor's Note: 35 P.S. § 1271 et seq. was repealed
by 2017, Oct. 30, P.L. 672, No. 43, § 48(4).
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 Borough 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.
This chapter shall be effective at the earliest time permitted
by law after adoption.
This chapter is enacted by the Council of the Borough of Bonneauville
under the Borough Code and any other applicable law arising under
the laws of the State of Pennsylvania, including but not limited to
35 P.S. § 1275.2.[1]
[1]
Editor's Note: 35 P.S. § 1275.2 was repealed by
2017, Oct. 30, P.L. 672, No. 43, § 48(4).
