[Adopted 1-9-2019 by Ord.
No. 306-2019]
The following words and phrases when used in this article shall
have the following meanings indicated, unless otherwise expressly
stated:
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition, or any subsequent edition.
Any combustible or explosive composition or any substance·
or combination of substances which is intended to produce visible
or audible effects by combustion, is suitable for use by the public,
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 complies with the provisions for "consumer fireworks" as defined
in APA 87-1 or any successor standard, the sale, possession and use
of which shall be permitted throughout this Commonwealth.
The term does not include devices as "ground and hand-held sparkling
devices," ''novelties" or "toy caps" in APA 87-1 or any
successor standard, the sale, possession and use of which shall be
permitted at all times throughout this Commonwealth.
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).
East Whiteland Township.
A.
Permissible purposes. Display fireworks may be possessed and used
by a person holding a permit from the Township at the fireworks display
covered by the permit, and when used as authorized by a permit, for
any of the following:
(1)
For agricultural purposes in connection with the raising of crops
and the protection of crops from bird and animal damage;
(2)
By railroads or other transportation agencies for signal purposes
or illumination;
(3)
In quarrying or for blasting or other industrial use;
(4)
In the sale or use of blank cartridges for a show or theater;
(5)
For signal or ceremonial purposes in athletics or sports;
(6)
By military organizations or organizations composed of veterans of
the armed forces of the United States.
B.
Permit requirements. A display fireworks permit may not be issued
to a person under 21 years of age. Additionally, the permit shall
require that the display fireworks are handled and used by a competent,
experienced operator; that such display fireworks are of the type
permitted under Pennsylvania law; and that, in the opinion of the
Township Department of Codes and Life Safety, the location and character
of the fireworks display does not pose a hazard to property or endanger
any person.
C.
Bond. The permittee shall execute a bond in an amount of $500,000
as a condition for the payment of all damages which may be caused
to a person or property by reason of the display and arising from
an act of the permittee or an agent, employee, or subcontractor of
the permittee. If a permit extension is granted, the provisions of
the bond 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.
D.
Request for extension If, because of unfavorable weather, the fireworks
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 to the Township for a request for a permit
extension. 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. Upon receiving the request
for extension, the Township, 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.
A.
Conditions. A person who is at least 18 years of age may purchase,
possess and use consumer fireworks.
B.
Prohibitions. A person may not intentionally ignite or discharge:
(1)
Consumer fireworks on public or private property without the express
permission of the owner;
(2)
Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building.
(3)
Consumer fireworks or sparkling devices into or at a motor vehicle
or building or at another person.
(4)
Consumer fireworks or sparkling devices while the person in under
the influence of alcohol a controlled substance or another drug.
(5)
Consumer fireworks within 150 feet of an occupied structure.
Any Township law enforcement officer or code enforcement officer
may issue a summary citation for any violation of this article. Any
person or business entity in violation of any of the provisions of
this article shall, upon conviction thereof, be punishable by a fine
of not more than $100, plus costs of prosecution, including court
filing fees and attorneys' fees. Each violation of any of the
provisions of this article shall be deemed to be a separate and distinct
offense.
