[HISTORY: Adopted by the Board of Supervisors of Fairview
Township 4-18-2019 by Ord. No. 2019-4. Amendments noted where applicable.]
The recitals set forth above are incorporated herein as if more
fully set forth.[1]
[1]
Editor's Note: The recitals mentioned above can be found
in Ord. No. 2019-4.
The following words and phrases shall be construed throughout
this chapter to have the meanings indicated herein:
The American Pyrotechnics Association Standard 87-1: Standard
for construction and approval for transportation of fireworks, novelties,
and theatrical pyrotechnics.
The Fairview Township Board of Supervisors.
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
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. 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 of 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: (1) salutes that contain more than two grains or 130 milligrams
of explosive materials; (2) aerial shells containing more than 60
grams of pyrotechnic composition; and (3) 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 C.F.R. § 172.101.
A permit issued by the Township authorizing a person to use
display fireworks at a predetermined date, time, and location.
A structure, vehicle, or place adapted for overnight accommodation
of persons or for conducting business whether or not a person is actually
present.
A.Â
Conditions. A person who is at least 18 years of age and meets the
requirements of this chapter may purchase, possess and use consumer
fireworks.
B.Â
Prohibitions. A person may not intentionally ignite or discharge:
(1)Â
Consumer fireworks on public or private property without the express
permission of the owner.
(2)Â
Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building.
(3)Â
Consumer fireworks or sparkling devices into or at a motor vehicle
or building or at another person.
(4)Â
Consumer fireworks or sparkling devices while the person is under
the influence of alcohol, a controlled substance, or another drug.
(5)Â
Consumer fireworks within 150 feet of an occupied structure.
C.Â
Sale and storage of consumer fireworks. The sale and storage of consumer
fireworks is licensed and regulated by the Pennsylvania Department
of Agriculture. Any person who intends to sell or store consumer fireworks
within the Township shall provide proof of such licensure prior to
such use being conducted within the Township, in addition to compliance
with all applicable laws and Township ordinances and regulations.
A.Â
Permitting. Display fireworks permits are required to be issued by
the Township prior to the use of display fireworks. Application for
permits shall be made, in writing, at least 30 days in advance of
the planned date of the use of display fireworks. Permit fees shall
be established by the Board of Supervisors, by resolution, and are
subject to amendment by the Board of Supervisors at their sole discretion.
Permit fees shall be submitted with written application for a display
fireworks permit.
B.Â
Use of display fireworks. A display fireworks permit will be issued
by the Township only if the following conditions exist:
(1)Â
The applicant for a display fireworks permit is 21 years of age or
older;
(2)Â
The display fireworks are handled by a competent operator, properly
authorized by the Pennsylvania Department of Agriculture to handle,
operate, and/or store display fireworks;
(3)Â
Any business entity that performs, provides or supervises display
fireworks for-profit shall provide proof of registration issued by
the Pennsylvania Attorney General with an application for a display
fireworks permit;
(4)Â
The applicant for a display fireworks permit provides bonding as described in Subsection C of this section;
(5)Â
The display fireworks site shall be inspected by the Township's
Fire Chief, or other appropriate designee or Township official, and
after proper inspection the display fireworks site shall be determined
to not be hazardous to property or endanger any person prior to the
display occurring;
(6)Â
The display fireworks site shall not be within 300 feet of a facility
dispensing gasoline, propane, or other flammable products; and
(7)Â
After a display fireworks permit is issued by the Township under
this section, the possession and use of display fireworks shall be
lawful solely on the date(s) specified in the display fireworks permit.
C.Â
Bonding. The Township shall require that an applicant for a display
fireworks permit supply a bond, deemed adequate by the Board of Supervisors,
in a sum not less than $50,000 conditioned on 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 applicant, or the employees, officers,
agents, contractors, or subcontractors of the applicant.
D.Â
Extension of permit.
(1)Â
If, because of unfavorable weather conditions, the use of display
fireworks for which a display fireworks permit has been granted does
not occur at the date and time authorized by the display fireworks
permit, the person to whom the display fireworks permit was issued
may, within 24 hours, apply, in writing, for a request of extension
to the Township. The requested continuance of the display fireworks
permit shall be no longer than one week after the date originally
designated in the display fireworks permit.
(2)Â
The request for extension shall be in the form of an affidavit, provided
under oath, stating that the display was not made, providing the reason
the display was not made, and requesting continuance of the permit
for a date designated within the affidavit.
(3)Â
The extension of time shall be granted by the Township without the
payment of an additional fee and without additional bonding requirements.
The bond initially provided in the display fireworks application shall
be in force and effect in the same manner and to the same extent as
if the display fireworks had been used at the date and time originally
designated in the display fireworks permit.
(4)Â
Transfer. Pursuant to the Act 43 of 2017, at 72 P.S. § 9406,
a display fireworks permit shall be transferrable solely upon written
request and approval of the Township's Board of Supervisors,
or their designee.
A.Â
Confiscation. The Pennsylvania State Police, and its officers or
the Erie County Sheriff shall have the authority to take, remove,
or cause to be removed, at the expense of the owner, all stocks of
consumer and/or display fireworks offered or exposed for sale, stored,
held, or used in violation of this chapter. The owner shall also be
responsible for the storage, and if deemed necessary, the destruction
of these fireworks.
B.Â
Cessation of displays. The Pennsylvania State Police, and its officers,
are authorized to cease all fireworks activities utilizing consumer
fireworks or display fireworks when there is a determination that
there is imminent or immediate danger to any person(s) or any property,
buildings, structures, or premises and are authorized to take any
steps necessary, within the reasonable performance of their duties,
to extinguish, mitigate, and/or control any fireworks in order to
preserve and protect the life, health, welfare, or safety of any person(s)
and to preserve and protect property, building structures, or premises.
A.Â
A person using consumer fireworks in violation of the provisions
of this chapter commits a summary offense, and upon conviction shall
be punished by a fine of not more than $100.
B.Â
A person using display fireworks in violation of the provisions of
this chapter commits a summary offense, and upon conviction, shall
be punished by a fine of not more than $500.
C.Â
A person selling consumer fireworks in violation of the provisions
of this chapter commits a misdemeanor of the second degree.
D.Â
A person selling display fireworks in violation of the provisions
of this chapter commits a felony of the third degree.
E.Â
A person selling federally illegal explosives, such as those devices
described in 49 C.F.R. § 173.54 (relating to forbidden explosives)
or those devices that have not been tested, approved, and labeled
by the United States Department of Transportation, including, but
not limited to, those devices commonly referred to as "M-80," "M-100,"
"blockbuster," "cherry bomb" or "quarter or half stick" explosive
devices, in violation of the provision of this chapter, commits a
felony of the third degree.
