[HISTORY: Adopted by the Township Council of the Township
of Lower Saucon 5-15-2019 by Ord. No. 2019-02. Amendments noted
where applicable.]
The Council of Lower Saucon Township, having found that the
unregulated use and display of both consumer and display fireworks,
including the noise and visual disturbances that accompany such use
and result from the ignition and discharge of such devices is detrimental
to the physical, mental, and social well-being of Township residents
as well as similarly detrimental to their comfort, living conditions,
general welfare and safety, and peaceful enjoyment of their residences,
and as such is generally detrimental to the public health, safety,
and welfare; hereby declares that it is the intent of this chapter
to provide for greater control of the negative effects of the display
and use of consumer and display fireworks, while balancing the rights
of the public to use such devices.
As used in this chapter, the following terms shall have the
meanings indicated:
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, chemical 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 in Lower Saucon Township subject to the regulations provided in this Chapter 85.
The term does not include devices as "ground and hand-held sparkling
devices," "novelties," or "toy caps" in APA 87-1 or and successor
standard, sale, possession, and use of which shall be permitted at
all times within Lower Saucon Township.
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 composition;
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 structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business whether or not a person is actually
present.
This chapter shall apply to both display fireworks and consumer
fireworks as previously defined herein.
Display fireworks may be possessed and used by a person holding
a permit from the Township at the display site covered by the permit
or when used as authorized by a permit for any of the following:
A.
For agricultural purposes;
B.
By railroads or other transportation agencies for signal purposes
or illumination;
C.
In quarrying or for blasting or other industrial use;
D.
In the sale or use of blank cartridges for a show or theater;
E.
For signal or ceremonial purposes in athletics or sports;
F.
By military organizations.
Any person seeking to possess and use display fireworks within
the Township must file an application and obtain a permit for the
same.
The permit for display fireworks may not be issued to a person
under 21 years of age.
To obtain a permit, a bond in the sum of not less than $50,000
conditioned on 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 or an employee or subcontractor of the
permittee must be filed with the Township. The terms of the bond shall
be subject to Township approval.
The application for the permit:
A.
Shall contain the applicant's name and address.
B.
Shall be verified by production of the applicant's proof of age in
the form of a photo ID, driver's license or passport.
C.
Shall contain a certification that the applicant or applicant's pyrotechnician
agrees to maintain $1,000,000 worth of liability insurance for the
activity related to the display fireworks which will cover damages
relating to the possession and use of the same. The insurance shall
name the Township as an additional insured for all claims arising
in whole or in part out of the display. Said insurance shall be primary
over any Township insurance. (The Township does not waive in any way
the provisions of governmental immunity.) The liability insurance
shall not be a substitute for the bond required by statute.
D.
Shall state the date, time and place where the display fireworks
will be held.
E.
Shall acknowledge that the applicant has read the Township's Ordinance
and the applicable state statutes governing display fireworks and
agrees to be bound by all the terms and conditions contained therein.
F.
Shall be made in writing on a form prescribed by the Township at
least 30 days in advance of the date set for the display.
G.
Shall identify the professional pyrotechnician and set forth the
pyrotechnician's credentials evidencing competency to perform the
display.
If the property upon which the display fireworks are going to
be displayed or used is jointly owned, the applicants must all be
owners of the property.
The cost of the permit shall be established by the Township
by resolution and charges for the same must be paid in full before
the issuance of the permit. Until such resolution is passed, the fee
for a permit shall be $250.
The permit shall identify the professional pyrotechnician who
will be in charge of the display and exhibit proof that the pyrotechnician
is duly licensed and authorized to act in such capacity.
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. 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 not be 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, which shall be no later
than one week after the date originally designated in the permit.
No additional fee or bond shall be required. If a new Township permit
is required due to cancellation of the original date of display and
a new application is filed within 30 days of the same, there shall
be no additional permit fee charged by the Township.
The Township hereby adopts these additional regulations concerning
display fireworks displays in the Township:
A.
Only one fireworks display permit may be issued per quarter calendar
year for a particular property or to a particular person.
B.
The maximum time for the display shall be no greater than 30 minutes
and shall occur between 7:00 p.m. and 10:00 p.m.
C.
The minimum size lot within the Township for holding a fireworks
display shall be five acres. Parcels of contiguous land may be combined
to achieve the necessary lot size, however, all owners must agree
and apply for the permit.
D.
All fireworks must be launched from said permitted property, must
explode over the permitted property and all debris must fall on the
permitted property. No fireworks launched within the permitted property
may be launched less than 300 feet from any existing occupied structure
or 200 feet from any adjacent property line.
E.
No fireworks display may be held when a burn ban is in effect. Any
party holding a valid permit and unable to renew the permit within
the thirty-day time frame due to a burn ban will receive a refund
of the permit fee. The fireworks permit must be conspicuously posted
on the property.
F.
No fireworks displays may be held, even with a permit, where the
weather has wind gusts over 20 miles per hour.
G.
There shall be no daytime displays of fireworks except for test shots.
H.
All ground displays shall be treated the same as aerial displays
under these regulations.
I.
There shall be no more than three test shots fired prior to the conduct
of the display.
Anyone obtaining a permit must notify the fire company and Fire
Marshal duly recognized by Lower Saucon Township of their intention
to have a fireworks display on the property and pay a reasonable fee
to the fire department to have a representative or fire apparatus
on site at all times during the display.
As part of the permit process, all owners of the property upon
which the displays are going to be held must sign the request for
the permit which shall also include a provision that the permit holders,
including the property owners, all jointly and severally, agree to
hold harmless and defend the Township from all claims arising in whole
or in part from fireworks displays and such hold harmless and indemnity
provision must be signed as part of the permit application.
Any police officer, fire company representative or Township
official may immediately suspend or halt the fireworks display should
they observe violations of these regulations or any actions which
could cause imminent harm to property or persons.
Any applicant or property of an applicant used for display fireworks
who violates this chapter or any of the state regulations and laws
governing the same shall be ineligible to apply for a display fireworks
permit for a period of three years following the date of the violations
or infractions. Any person who is aggrieved by a notification of violation
from the Township Manager or his designee shall have the right to
appeal to the Township Council for an administrative hearing concerning
the same. Said appeal must be filed within 10 days from the date contained
in the certified letter notifying the party of the violations and
prohibition period.
No person who owns, possesses, or has control or supervision
of consumer fireworks shall permit, make or cause the ignition, discharge,
or launch of such consumer fireworks within the Township of Lower
Saucon between the hours of 10:00 p.m. and 9:00 a.m.
Use of consumer fireworks by any person, on any property owned
or maintained by Lower Saucon Township is hereby prohibited. This
prohibition shall apply to parks, the Saucon Trail, buildings or structures,
parking lots, streets, roadways, sidewalks, and rights-of-way.
Pursuant to the Pennsylvania Fireworks Law, and the provisions
of this section, no person may intentionally ignite or discharge consumer
fireworks within 150 feet of an occupied structure.
[Amended 3-3-2021 by Ord.
No. 2021-01]
In addition to the above § 85-16, any person who violates a provision of this chapter, the permit requirements or regulations and brought before a Magisterial District Judge upon a determination of violation thereof shall be subject to a fine of not less than $500 and not more than $1,000 for each and every offense. Each person violating this chapter shall further be liable for all attorneys' fees incurred by the Township in enforcing the same.
