[Adopted 3-11-2019 by Ord. No. 3142[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Fireworks, adopted 2-13-1969 by Ord. No. 915, as amended.
Except as hereinafter provided, it shall be unlawful for any
person to use and/or discharge rockets, powder or any other dangerous
combustible material not included within the definition of "consumer
fireworks," as defined below, within the corporate limits of the Township
of Whitehall, County of Lehigh, Commonwealth of Pennsylvania.
It shall be unlawful for any person or entity of any nature
whatsoever, to bargain and sell, offer for sale, sell, possess, barter,
furnish, procure, use or store, rockets, or any mixture of compound
of any explosive character not included within the definition of "consumer
fireworks," as defined below, within the corporate limits of the Township
of Whitehall, County of Lehigh, and Commonwealth of Pennsylvania.
[Amended 5-13-2019 by Ord. No.
3154]
A.
CONSUMER FIREWORKS
OCCUPIED STRUCTURE
PYROTECHNIC DEVICE
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Any combustible or explosive composition or any substance
or combination of substances which is intended to produce visible
or audible effects by combustion that is suitable for use by the public
and permitted to be sold, possessed and used through the Commonwealth
of Pennsylvania.
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business, whether or not a person is
actually present.
Any device not classified as a firework which produces a
visible or audible effect by combustion for the purpose of entertainment,
including novelty devices.
B.
Restrictions
on the use of fireworks. Fireworks are permitted in the Township of
Whitehall, provided that they are used and sold in compliance with
House Bill 542, Act No. 2017-43 and subject to the following restrictions:
(1)
No person shall discharge fireworks on any public or private property
within 150 feet of any occupied structure. In the absence of any occupied
structure, use or storage of fireworks on public or private property
requires the express permission of the property owner.
(2)
No fireworks may be purchased, possessed, used or stored by any person
under 18 years of age.
(3)
No fireworks or pyrotechnic device shall be discharged within, out
of or toward any vehicle or building, or directed at any person.
(4)
No fireworks or pyrotechnic device shall be used by any person under
the influence of alcohol, controlled substance, or other drug.
(5)
No fireworks or pyrotechnic device shall be discharged between 22:00
hours (10:00 p.m.) and 6:00 hours (6:00 a.m.), with the exception
of New Year's Eve, when fireworks or pyrotechnic devices may
be discharged until 00:30 hours on New Year's Day (January 1
at 12:30 a.m.) but not between the hours of 00:30 (12:30 a.m.) and
6:00 (6:00 a.m.).
C.
Restrictions
on the sale of fireworks. Fireworks are permitted in the Township
of Whitehall, provided that they are used and sold in compliance with
House Bill 542, Act No. 2017-43 and subject to the following restrictions:
(1)
Fireworks may be purchased at any licensed facility, including temporary
ones as may be permitted under Pennsylvania law, with the licenses
being issued by the Pennsylvania Department of Agriculture.
(2)
Temporary structures, including but not limited to tents and other
structures found in parking lots, to the extent permitted to sell
fireworks under Pennsylvania law, are permitted to sell fireworks
in the Township of Whitehall between the dates of June 15 and July
8, and December 21 and January 2, each year.
(3)
Any temporary structures must comply with the current International
Fire Code as well as any building codes adopted or enacted by the
Township of Whitehall.
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this article continues shall constitute
a separate offense.
