[HISTORY: Adopted by the Board of Supervisors
of the Township of West Goshen 6-13-1936; amended in its entirety 7-22-2019 by Ord. No.
7-2019. Subsequent amendments noted where applicable.]
The chapter is adopted pursuant to the authority granted pursuant
to Act 43 of 2017, which adopted House Bill No. 542 of 2017, amending
the Tax Reform Code of 1971, codified in 72 P.S. §§ 9401
through 9416, and pursuant to the authority to regulate fireworks
as set forth in the Second Class Township Code at 53 P.S. § 66534.
This chapter is adopted with the intent to comply with such fireworks
laws, properly regulate the use of fireworks within the Township,
and to protect the public health, safety and welfare.
The following words and terms shall, for purposes of this chapter,
have the meanings set forth below:
The Pennsylvania Fireworks Law[1] as adopted by the Commonwealth of Pennsylvania General
Assembly with an effective date of October 30, 2017, and as amended.
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, 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 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, the following:
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 National Fire Protection Association Standard 1124, Code
for the Manufacture, Transportation and Storage of Fireworks and Pyrotechnic
Articles, 2006 edition, or any subsequent edition.
[1]
Editor's Note: See 72 P.S. § 9401 et seq.
The use, sale and storage of consumer fireworks within the Township
shall comply with Act 43 of 2017, as amended, which includes the following
provisions related to use:
A.
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.
Prohibitions. A person may not intentionally ignite or discharge:
(1)
Consumer fireworks on public or private property without the express
permission of the owner.
(2)
Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building.
(3)
Consumer fireworks or sparkling devices into or at a motor vehicle
or building or at another person.
(4)
Consumer fireworks or sparkling devices while the person is under
the influence of alcohol, a controlled substance or another drug.
(5)
Consumer fireworks within 150 feet of an occupied structure.
(6)
Consumer fireworks upon any Township roadway or Township property.
(7)
Consumer fireworks within 100 feet of any combustible material.
(8)
Consumer fireworks such that the sparks or any portion of the fireworks
will land upon the property of another without the owner's express
permission.
A.
The possession and use of display fireworks within the Township shall
comply with Act 43 of 2017 and the Township's Fire Code.[1] Display fireworks may be possessed and used by a person
(age 21 or older) holding a permit from the Township at the display
covered by the permit, or when used as authorized by a permit for
any of the following additional activities:
(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 public show or theater.
(5)
For signal or ceremonial purposes in athletics or sports.
(6)
By military organizations or organizations composed of veterans of
the armed forces of the United States.
B.
Bond. The Township shall require a bond deemed adequate by the Board
from the permittee in a sum not less than $50,000 conditioned on the
payment of all damages which may be caused to a person or property
by reason of the display fireworks and arising from an act of the
permittee or an agent, an employee or a subcontractor of the permittee.
The bonding requirement may be deemed unnecessary or reduced in amount
by the Board of Supervisors for the additional activities listed immediately
above.
C.
Extension of permit.
(1)
Authorization. If, because of unfavorable weather, the use of display
fireworks 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, in writing, for a request for extension
to the Township. The requested continuance of the permit shall be
not later than one week after the date originally designated in the
permit.
(2)
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.
D.
Display fireworks in Township's public parks and recreation areas. Display fireworks may only be permitted in a Township public park or recreational area by special permit issued by the Township as provided for under Chapter 57, Parks and Recreation Areas, of the Township Code, and subject to the rules and regulations of Chapter 57, and any additional regulations as set forth by the Park and Recreation Board.
Any person or entity that uses or sells consumer fireworks in
violation of the provisions of this chapter shall be prosecuted in
accordance with Act 43 of 2017. Any person or entity selling display
fireworks in violation of the provisions of this chapter shall be
prosecuted in accordance with Act 43 of 2017.
