[Ord. No. 10-1972, § 1, 3/13/1972]
No person or persons shall destroy or injure in any way whatsoever,
or tamper with or deface any public property of the Township of South
Hanover, or any grass, walk, lamp, ornamental work, building, streetlight,
fire hydrant or water or gas stop box on or in any street, road, alley,
park or other public ground in the Township.
[Ord. No. 10-1972, § 2, 3/13/1972]
No person or persons shall in any manner interfere with or meddle
with or pull, drive, change, alter or destroy any stake, post, monument
or other evidence of any elevation, grade, line, location, corner
or angle in the Township of South Hanover, made, placed or set, or
hereafter made, placed or set, or caused to be done by the authorities
of the Township in any survey of or in or on any street alley or public
ground in the Township, to evidence the location, elevation, line,
grade, corner or angle of any public street, road, alley, sidewalk,
curb, gutter, sewer or other public work, matter or thing.
[Ord. No. 10-1972, § 3, 3/13/1972]
No person or persons shall willfully or maliciously destroy
or remove or deface or obliterate or cover up any lamp, warning sign
or barricade erected by the authorities of the Township of South Hanover,
or by any person, partnership, firm or corporation doing work by permission
of the authorities of the Township on any of the streets, roads, alleys,
sidewalks or bridges in the Township, as a warning of danger.
[Ord. No. 10-1972, § 4, 3/13/1972]
No person or persons shall take any earth or other material
from any street, road or alley or from any park or other public ground
in the Township of South Hanover.
[Ord. No. 10-1972, § 5, 3/13/1972]
This article shall not apply to normal activities in connection
with the construction, maintenance and repair of streets, roads, alleys,
sidewalks and public grounds and the structures and fixtures located
thereon and therein, or to incidental results of work thereon or therein
upon permit from or by authority of the Township.
[Ord. No. 10-1972, § 6, 3/13/1972; Ord. No. 3-1995, 9/12/1995]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this article continues shall constitute a separate offense.
[Ord. No. 3-2019, 4/23/2019]
This article shall be known and may be cited as the "Township
of South Hanover Fireworks Ordinance."
[Ord. No. 3-2019, 4/23/2019]
The Commonwealth of Pennsylvania, by enactment of Act 43 of
2017, amended the commonwealth's Fireworks Law by adding Article
XXIV to the Tax Reform Code of 1971, codified at 72 P.S. § 9401
et seq. The Fireworks Law, as amended, has conferred certain authority
upon municipal governments to regulate the use of display fireworks
within their boundaries, including permit requirements, by establishing
rules and regulations therefor. The Fireworks Law also allows public
and private property owners to prohibit the use of fireworks on their
property. Pursuant to the authority afforded it, the Township of South
Hanover desires to establish rules and regulations to regulate the
use of display fireworks within its boundaries, including permit requirements,
and to prohibit the use of any fireworks on Township of South Hanover
property without a permit.
[Ord. No. 3-2019, 4/23/2019]
The following words and phrases, when used in this article,
shall have the meanings given to them in this section unless the context
clearly indicates otherwise:
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition, or subsequent edition.
The governing body of the Township of South Hanover.
An individual currently registered with the Attorney General
of Pennsylvania and possessing the documented training and knowledge
necessary for the safe handling and use of display fireworks.
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 and use
of which shall be permitted throughout this commonwealth. "Class C"
or "consumer-grade" fireworks include firecrackers, Roman candles,
rotating wheels, firecrackers or lady fingers, fountains, smoke bombs,
ground spinners and similar that contain a maximum of 50 milligrams
of explosive material.
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).
The persons appointed by the Board of Supervisors to enforce
this article.
The National Fire Protection Association Standard 1123, Code
for Fireworks Display, 2018 edition, or any subsequent edition.
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business, whether or not a person is
actually present.
Any individual, partnership, corporation, limited liability
company or other legal entity.
The Township of South Hanover, Dauphin County, Pennsylvania.
[Ord. No. 3-2019, 4/23/2019]
1.
Conditions. A person who is at least 18 years of age
and meets the requirements of the, Commonwealth of Pennsylvania Fireworks
Law, Article XXIV, as amended, may purchase, possess and use consumer
fireworks.
2.
Violations. A person may not intentionally ignite or
discharge:
A.
Consumer fireworks on public or private property without
the express written 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.
[Ord. No. 3-2019, 4/23/2019]
1.
Except as provided hereinafter, it shall be unlawful
for any person to use or explode any display fireworks in the Township.
2.
The ignition of display fireworks shall be conducted
by a competent operator, currently registered with the Attorney General
of Pennsylvania, approved by the Board of Supervisors, or its designee,
and be of such character and so located, discharged or fired as, in
the opinion of the Fire Marshal, after proper inspection, shall not
be hazardous to property or endanger any person. Display fireworks
shall be in accordance with NFPA 1123, Table 5.1.3.1.
3.
The Fire Marshal may suspend any permit issued under
this article due to drought, dry conditions, high winds, or any other
factor reasonably related to the public safety. The Fire Marshal may,
at his discretion, deploy fire company members and/or equipment to
the scene of any permitted display. Where any such deployment occurs,
the permittee will be subject to a fee, which shall be set by and
may be amended by resolution of the Board of Supervisors.
4.
All display fireworks shall be finished by 11:00 p.m.
on Fridays, Saturdays and holidays and by 10:00 p.m. Sundays through
Thursdays.
5.
A display fireworks permit may not be issued to a person
under 21.
[Ord. No. 3-2019, 4/23/2019]
1.
Applications for permits shall be made in writing on
a form provided by the Township of South Hanover, at least 30 days
in advance of the date of a fireworks display.
2.
The individual, company, organization, or firm making
application for a permit shall provide the following information:
A.
Letter to the Board of Supervisors requesting approval
for the day of the week and time of the fireworks display.
B.
Location of the fireworks display.
C.
Day, date, and time and estimated duration of the fireworks
display.
D.
General description of the type(s) and number of fireworks.
E.
Fire prevention features to be in place during the
display.
F.
Contact person, company, address, and telephone number
of the operator or operators executing or performing the display.
G.
Proof of qualification of the individuals/company executing
the display.
H.
Insurance carrier, policy number, type and amount of
coverage, and attached proof of insurance.
I.
Contact individual name, telephone number, organization,
and address of the responsible individual, company, organization,
and firm for whom the display will be provided.
3.
An application shall be accompanied by the applicable
permit fee, which shall be set by and may be amended by resolution
of the Board of Supervisors.
[Ord. No. 3-2019, 4/23/2019]
1.
A fireworks display permit shall be issued by the Fire
Marshal before any display fireworks are transported, stored, staged,
used or displayed in the Township and shall be prominently displayed
on site a minimum of 72 hours prior to display.
2.
The use of any fireworks, including consumer fireworks
and display fireworks, on any Township of South Hanover property,
including, but not limited to, the streets and sidewalks of the Township
of South Hanover, and real property owned by the Township of South
Hanover for public parks, recreation areas, utility purposes, and/or
for public buildings, unless a permit is obtained in accordance with
this article, is prohibited.
3.
No permit shall be issued to a person under 21 years
of age.
4.
No more than three permits per calendar year may be
issued for fireworks displays to the same permittee. No more than
three permits per calendar year may be issued for fireworks displays
on a single property.
5.
A permit granted hereunder may be transferable, subject to approval by the Fire Marshal and evidence of registration and delivery of a bond in accordance with § 6-208 of this article.
6.
When, in the opinion of the Fire Marshal or Assistant
Fire Marshal, weather or other conditions exist or are imminent that
would compromise safety before or during any approved and permitted
fireworks display, the permit shall be revoked and the operators directed
to terminate the display.
7.
After such permit shall have been granted, possession,
use and distribution of display fireworks for such display shall be
lawful for that purpose.
[Ord. No. 3-2019, 4/23/2019]
1.
Prior to the issuance of any permit under § 6-207 hereof, the applicant shall deliver to the Township evidence of the operator's registration with the Attorney General of Pennsylvania. Individuals, companies, entities, or competent operators shall secure a bond or a certificate of insurance, naming the Township as an additional insured. The minimum amount required for the bond or the certificate of insurance shall be $1,000,000, conditioned for payment of all damages which may be caused either to persons or to property by reason of the display and arising from any acts of the permit holder, his agents, employees or subcontractors.
2.
The bond or certificate of insurance amount may be increased
when, in the opinion of the Township, additional hazards and liability
exist.
[Ord. No. 3-2019, 4/23/2019]
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 an extension to the
Fire Marshal.
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 Fire Marshal, if he/she 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 date 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.
[Ord. No. 3-2019, 4/23/2019]
1.
Enforcement. This article shall be enforced by the Township's
Fire Marshals.
2.
Penalties for violation.
A.
In addition to the penalties set for under Section
2414 of the Fireworks Law, 72 P.S. § 9414, any person using
consumer and/or display fireworks in violation of the provisions of
this article commits a summary offense and, upon conviction, shall
be punished by a fine of not less than $100 and not more than $1,000,
plus all costs of prosecution, including attorneys' fees.
B.
Each day that a violation continues and each section
of this article which is violated shall be deemed a separate offense.
C.
Any person who shall violate any provision of this
article or any provision of the Fireworks Law, 72 P.S. § 9401
et seq., shall be barred from obtaining a permit for display fireworks.
