To the extent words and phrases appearing in this chapter are
not expressly defined herein, the meaning of the words and phrases
in this chapter shall be construed consistently with the Pennsylvania
Fireworks Law, Act 43 of 2017. The following words and phrases when used in this chapter
shall have the following meanings:
BOROUGH
The Borough of Bridgeport, County of Montgomery, Commonwealth
of Pennsylvania.
CODE ENFORCEMENT OFFICER
The enforcement officer, or in his absence or unavailability,
the assistant enforcement officer, both being duly designated by the
Borough of Bridgeport.
CONSUMER FIREWORKS
Shall be the same as are defined in 27 CFR 555.11, and they
are any small firework device designed to produce visible effects
by combustion and which must comply with the construction, chemical
composition, and labeling regulations set forth in the rules of the
U.S. Consumer Product Safety Commission (Title 16, Code of Federal
Regulations, Parts 1500 and 1507). Some small devices designed to
produce audible effects are included, such as whistling devices, ground
devices containing 50 milligrams or less of explosive materials, and
aerial devices containing 130 milligrams or less of explosive materials.
Consumer fireworks are classified as fireworks by the United States
Department of Transportation, 49 CFR 172.101. This term does not include
fused set pieces containing components which together exceed 50 milligrams
of salute powder.
DISPLAY FIREWORKS
Large fireworks shall be the same as are defined in 27 CFR
555.11, and they are designed primarily to produce visible or audible
effects by combustion, deflagration, and detonation. This term includes,
but is not limited to, salutes containing more than two grains (130
milligrams) of explosive materials, aerial shells containing more
than 40 grams of pyrotechnic compositions, and other display pieces
which exceed the statutory and regulatory limits of explosive materials
for classification as consumer fireworks. Display fireworks are classified
as fireworks by the United States Department of Transportation (49
CFR 172.101). This term also includes fused set pieces containing
components which together exceed 50 milligrams of salute powder.
FIRE CHIEF
Any one of the duly authorized Fire Chiefs of a fire department
serving and based in the Borough of Bridgeport, or in his absence
or unavailability, the Assistant Fire Chief.
FIRE MARSHAL
The Fire Marshal as duly designated and/or employed by the
Borough of Bridgeport as a separate official from the Fire Department
of the Borough and Fire Chief(s).
FIREWORKS
Both consumer and display fireworks, as defined herein, unless
specifically identified as either consumer or display fireworks herein.
RESIDENT
An adult individual who is a bona fide resident of Borough
of Bridgeport, Montgomery County, Pennsylvania, and who can produce
proof thereof upon demand made by any enforcement officer hereunder.
The Borough Council shall have the power to grant permits for
supervised public displays of display fireworks to be held by municipalities,
fair associations, civic organizations, religious organizations, amusement
parks and other like organizations or groups of individuals. Such
displays can be open to the public by admission tickets or no admission
tickets. Every such display shall be implemented and overseen by a
competent and licensed pyrotechnic operator to be approved by the
enforcement officer, a Fire Chief, or the Fire Marshal representing
the Borough or a fire company situated within the Borough. Such public
displays of display fireworks shall be of such a nature and shall
be so located, and shall be discharged or detonated, only so as not
to be hazardous to property and shall not endanger any person or persons
when displayed as, in the controlling opinion of the enforcement officer,
Fire Marshal, and/or the Chief of the Fire Department and/or such
other officer, after proper inspection.
The Borough Council hereby requires a bond to be provided by
any permittee hereunder to conduct a fireworks display in the Borough
in an amount not less than $1,000,000, which shall be a condition
for approval of the grant of permit and is conditioned for the payment
of all damages which may be caused either by or to a person or persons
or to property by reason of the permitted display and arising from
any acts of the permittee, his or her agents, employees or subcontractors.
The Borough also requires proof of liability insurance issued to the
permittee in the amount of at least $1,000,000 per claim for the aforesaid
purpose from a reputable insurance company authorized to conduct business
in the Commonwealth of Pennsylvania. The Borough shall be a named
co-insured in such policy of such liability insurance. Further, the
licensee or permittee shall indemnify, save harmless and defend the
Borough from any injury to persons or damage to property arising out
of the use by the permittee of display fireworks by a writing executed
prior to the grant of any permit.
If, by reason of unfavorable weather, the display for which
a permit has been granted does not take place at the time so authorized,
the person to whom such permit was issued may, within 24 hours, apply
to the Borough setting forth, under oath, the fact that such display
was not made, stating the reason therefor, and requesting the continuance
of such permit for a day designated therein, not later than one week
after the day fixed originally in said permit.
Each of the restrictions imposed on the possession, use, explosion or detonation of all types of fireworks, whether consumer fireworks or display fireworks, stated hereunder in §§
284-3 and
284-4, shall apply equally to all types of fireworks sold, used, possessed, detonated, or exploded in the Borough and accordingly, §§
284-3 and
284-4 hereof shall be specific restrictions generally applicable to the sale, possession and use of all fireworks in the Borough.
In the event of any violation of this chapter or the terms,
conditions, or limitations noted on a written registration authorized
for the use of consumer fireworks or on a permit for the display of
display fireworks, or in the event of any unsafe condition occurring
before or during the course of a fireworks public display, or in the
event of any unsafe condition occurring as a result of any use of
consumer, display, or other fireworks within the Borough of Bridgeport,
the Pennsylvania State Police, the Borough of Bridgeport police, Fire
Marshal, and/or a Fire Chief of a fire company located in Borough
of Bridgeport responsible for fire protection at the place of the
event or the appropriate Borough designee or any other duly authorized
Borough representative may, before or during the unsafe and/or violating
occurrence, order such fireworks use or display to be stopped in the
interest of public safety.
The Borough of Bridgeport hereby recognizes the authority of
the United States government and the Commonwealth of Pennsylvania
and the fireworks laws, rules, or regulations of each jurisdiction,
as the same may be amended from time to time, regarding the manufacture,
transport, holding, offering or exposing for sale, and the display,
use, and possession, of combustible materials and items commonly referred
to as "fireworks." Whenever there is any conflict between the terms
of this chapter and a statute, rule or regulation of the United States
government or the Commonwealth of Pennsylvania, the stricter provision(s)
shall apply.
Any person, individual, partnership, co-partnership, association
or corporation violating the provisions of this chapter shall be guilty
of a summary criminal offense and, upon conviction thereof, shall
be punished by a fine not exceeding $1,000 or by imprisonment not
exceeding 30 days, or by both fine and imprisonment.