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, is promulgating rules on the issuance of permits.
As used in this chapter, the following terms shall have the
meanings indicated:
CODE OFFICER
Such official designated by Borough Council to carry out
duties under this chapter.
CONSUMER FIREWORKS
The term "consumer-grade fireworks" as defined in 35 P.S.
§ 1271 et seq., 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.
DISPLAY FIREWORKS
The term "display-grade fireworks" as defined in 35 P.S.
§ 1271 et seq., 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.
FIRE CHIEF
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.
FIREWORKS LAW
Title 35 P.S., Ch. 13A, Refs & Annos, PA ST T. 35 P.S.,
Ch. 13A Fireworks Law, 35 P.S. § 1271 et seq.
PUBLIC OFFICER
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.
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.
Upon finding a violation, any public officer, as previously
defined herein, may proceed under 35 P.S. § 1277, as may be amended.
Each day a violation continues or is permitted to continue may
constitute a separate offense for which a separate fine may be imposed.
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.
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.