Township of East Whiteland, PA
Chester County
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Table of Contents
Table of Contents
[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:
APA 87-1
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.
A. 
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.
B. 
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.
DISPLAY FIREWORKS
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:
A. 
Salutes that contain more than two grains or 130 milligrams of explosive materials;
B. 
Aerial shells containing more than 60 grams of pyrotechnic compositions; and
C. 
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).
TOWNSHIP
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.