[HISTORY: Adopted by the Borough Council of the Borough of
Leetsdale 6-14-2018 by Ord. No.
669. Amendments noted where applicable.]
The manufacture of fireworks is prohibited within the Borough. The display or discharge of consumer or display fireworks shall comply with the requirements of the Fireworks Law, 35 P.S. § 1271 et seq., and the provisions of the International Fire Code, 2009 edition, as amended, supplemented or replaced, implemented by the Uniform Construction Code [Chapter 5, Part 1].
A permit shall be obtained from the Borough for the display or discharge of display fireworks in compliance with the provisions of the Fireworks Law, 35 P.S. § 1271 et seq., and the International Fire Code, 2009 edition, as amended, supplemented or replaced, implemented by the Uniform Construction Code [Chapter 5, Part 1].
A.
Application for permits shall be made in writing at least 15 days
in advance of the date of the display. Application for said permit
shall be made pursuant to the procedure provided in the International
Fire Prevention Code, 2009 edition, as amended, supplemented or replaced.
The possession, use and distribution of fireworks for such display
shall be lawful under the terms and conditions approved with the permit
and for that purpose only. A permit granted hereunder shall be transferable
but may not be extended beyond the dates set out therein. Permit applications
shall be administered by the officer of the Borough charged with enforcement
of the International Fire Code or such other officer of the Borough
who may be designated to perform such administration.
B.
A nonrefundable permit application fee of $100 shall accompany the
application, which fee may be adjusted from time to time by resolution
of the Council.
C.
Any person aggrieved by the grant or denial of a permit may appeal
and request a local agency law hearing by submitting such request
to the Leetsdale Borough Secretary within 10 days of the date of the
action being appealed from. Such request for a hearing must be accompanied
by a nonrefundable appeal fee in the amount of $100 and must state
the grounds for the appeal. The appellant shall also be responsible
for the cost of advertising a local agency law hearing and any court
reporter costs incurred by the Borough in connection therewith. The
Council may serve as the hearing tribunal and render a decision or
may appoint a hearing officer or other hearing body to hold the hearing
and render a decision.
D.
No application shall be accepted from, nor shall a permit be issued
to, an applicant under 21 years of age.
E.
Permit applications may be denied if the applicant fails to show
that the applicable requirements of this section will be met. Permit
denials shall state the reasons for denial and the deadline for appeal.
The following terms are defined as follows:
Any combustible or explosive composition or any substance or
combination of substances intended to produce visible and/or audible
effects by combustion and which is suitable for use by the public
that 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 which complies with the provisions for "consumer fireworks"
as defined in the American Pyrotechnics Association (APA) Standard
87-1, or any successor standard.
The term does not include devices as "ground and hand-held sparkling
devices," "novelties" and "toy caps" in APA Standard 87-1, the sale,
possession and use of which shall be permitted at all times throughout
this Borough.
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:
Salutes that contain more than two grains or 130 milligrams
of explosive materials;
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
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).
A.
General; responsibilities of permittee for display fireworks. It shall be a violation of this Part for any person to conduct a public or private display of display fireworks within the Borough except in accordance with a permit issued upon application as provided in § 156-3.
(1)
Every such display shall be handled by a competent operator and shall
be of such a character and so located, discharged or fired as, in
the opinion of the officer of the Borough charged with enforcement
of the International Fire Code, or such other officer of the Borough
as may be designated from time to time, in writing, after proper inspection,
to not be hazardous to property or endanger any person or persons.
After such privilege shall have been granted, possession and use of
display fireworks for such display shall be lawful for that purpose
only.
(2)
Permittee is responsible for reimbursement of any expenses incurred
by the Fire Department or other Borough officer responsible for inspecting
the display.
(3)
Only after a display has been inspected, or where the Chief of the
Fire Department or his designee attend the event, may the display
be set off.
(4)
The permittee agrees to remove any debris or other litter relating
to the display from public spaces, streets and ways within 24 hours
of the display. Failure to do so may result in the partial forfeiture
of the bond for the cost of Borough employees to perform the work.
(5)
The permittee, by applying for and receiving a permit, agrees to
indemnify the Borough from any claims, lawsuits or other legal challenges
arising from permittees's display.
B.
Request for permit extension.
(1)
Authorization. If, because of unfavorable weather, the display for
which a permit has been granted does not occur at the time authorized
by the permit, the person to whom the permit was issued may, within
24 hours, apply for a request for extension to the municipality which
granted the permit.
(2)
Contents of request. The request for extension shall state under
oath that the display was not made, provide the reason that the display
was not made and request a continuance of the permit for a date designated
within the request, which shall be not later than one week after the
date originally designated in the permit.
(3)
Determination. Upon receiving the request for extension, the municipality,
if it believes that the facts stated within the request are true,
shall extend the provisions of the permit to the date designated within
the request, which shall be not later than one week after the date
originally designated in the permit.
(4)
Conditions. The extension of time shall be granted without the payment
of an additional fee and without requiring a bond other than the bond
given for the original permit, the provisions of which shall extend
to and cover all damages which may be caused by reason of the display
occurring at the extended date and in the same manner and to the same
extent as if the display had occurred at the date originally designated
in the permit.
C.
Bond for display. The permittee shall furnish a bond in an amount
deemed adequate by the Borough but not less than $50,000 conditioned
for the payment of all damages which may be caused either to a person
or persons or to property by reason of the permitted display, and
arising from any acts of the permittee, the permittee's agents,
employees or subcontractors.
D.
Seizure of fireworks. Any police officer of any police force serving
the Borough shall take, remove or cause to be removed at the expense
of the owner, all stocks of display fireworks or combustibles offered
or exposed for sale, stored, or held in violation of this chapter
or the Fireworks Law, 35 P.S. § 1271 et seq. The owner shall
also be responsible for the storage and, if deemed necessary, the
destruction of these fireworks.
A person may not intentionally ignite or discharge:
A.
Consumer fireworks on public or private property without the express
permission of the owner.
B.
Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building.
C.
Consumer fireworks or sparkling devices into or at a motor vehicle
or building or at another person.
D.
Consumer fireworks or sparkling devices while the person is under
the influence of alcohol, a controlled substance or another drug.
E.
Consumer fireworks within 150 feet of an occupied structure.
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $100 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
