[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Paxton 5-22-2019 by Ord. No. 19-01. Amendments noted where
applicable.]
This Ordinance shall be known as the Lower Paxton Township Fireworks
Ordinance.
As used in this chapter, the following terms shall have the
meanings indicated:
The Township of Lower Paxton Board of Supervisors.
Any combustible or explosive composition or any substance or
combination of substances which is intended to produce visible or
audible effects of 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
or which shall be permitted throughout this Commonwealth.
The term does not include devices such 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 of 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).
Pennsylvania Act 43 of 2017.[1]
A city, borough, incorporated town or township.
The National Fire Protection Association Standard 1124 Code
for the Manufacture, Transportation and Storage of Fireworks and Pyrotechnic
Articles, 2006 Edition.
A structure, vehicle or place adapted for overnight accommodation
of persons for conducting business whether or not a person is actually
present.
The Township of Lower Paxton.
[1]
Editor's Note: See 72 P.S. § 9401 et seq.
A.
Permissible purposes. Display fireworks may be possessed and used
by a person holding a permit from the Township at the display covered
by the permit or when 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 of veterans of the Armed
Forces of the United States.
B.
Age limitation. A display fireworks permit may not be issued to a
person under 21 years of age.
C.
Application for permit. Discharge of display fireworks shall be by
permit. Applications for permits shall be made in writing at least
30 days in advance of the date of the display. After such privilege
has been granted, sale, possession, use and distribution of fireworks
for such display shall be lawful for that purpose only. The Township
may from time to time adopt an official application and fees by resolution.
The initial application fee shall be $75 per permit.
D.
Bond. The Board of Supervisors of the Township hereby requires a
bond deemed adequate by the Township by a permittee in a sum not less
than $50,000 conditioned 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, an employee or a subcontractor
of the permittee.
A.
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 extension to the Township.
B.
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 not be later than one week after the
date originally designated in the permit.
C.
Determination. Upon receiving the request for extension, the Township,
if it believes the facts stated within the request are true, shall
extend the provisions of the permit to the date designated within
the request, which shall not be later than one week after the date
originally designated in the permit.
D.
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 date originally designated in the permit.
A.
Conditions. A person who is at least 18 years of age and meets the
requirements of this section may purchase, possess and use consumer
fireworks.
B.
Prohibitions. A person may not intentionally ignite or discharge:
(1)
Consumer fireworks on any property of the Township, including, but
not limited to streets, sidewalks, public parks or public buildings.
(2)
Consumer fireworks on private property without the express, written
permission of the owner.
(3)
Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building.
(4)
Consumer fireworks or sparkling devices into or at a motor vehicle
or building or at another person.
(5)
Consumer fireworks or sparkling devices while the person is under
the influence of alcohol, a controlled substance or another drug.
(6)
Consumer fireworks within 150 feet of an occupied structure.
(7)
Consumer fireworks after 10:00 p.m. prevailing time or before 7:00
a.m. prevailing time unless otherwise permitted by the Township, except
on New Years Eve, which shall be until 12:00 midnight, New Years Day
until 12:30 a.m. and July 4 until 11:00 p.m.
(8)
Consumer fireworks on a property of less than one acre in area.
Any ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
