[HISTORY: Adopted by the Borough Council of the Borough of Lemoyne 9-20-2018 by Ord. No. 753. Amendments noted where applicable.]
Whereas, the Pennsylvania Fireworks Law defines consumer fireworks as any combustible or explosive composition or any substance or combination of substances which is intended to produce visible or audible effects by combustion, 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 the commonwealth (the term does not, however, 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 the commonwealth); and
Whereas, pursuant to the Pennsylvania Fireworks Law, a person who is at least 18 years of age and meets the requirements of the law may purchase, possess and use consumer fireworks; provided, however, that a person may not intentionally ignite or discharge consumer fireworks on public or private property without the express permission of the owner, may not intentionally ignite or discharge consumer fireworks or sparkling devices within or throw consumer fireworks or sparkling devices from a motor vehicle or building, may not intentionally ignite or discharge consumer fireworks or sparkling devices into or at a motor vehicle or building or at another person, may not intentionally ignite or discharge consumer fireworks or sparkling devices while the person is under the influence of alcohol, a controlled substance or another drug and may not intentionally ignite or discharge consumer fireworks within 150 feet of an occupied structure; and
Whereas, Borough Council of the Borough of Lemoyne has determined that the use of consumer fireworks and sparkling devices in an urban setting such as the Borough provides safety and health hazards if the terms of the Pennsylvania Fireworks Law are not specifically complied with.
As a result of the background subsections above, which are incorporated herein, it is hereby ordained and enacted that no permission is granted by the Borough to any person to ignite or discharge consumer fireworks on the streets of the Borough of Lemoyne, the sidewalks of the Borough of Lemoyne or any property owned by the Borough of Lemoyne, including without limitation all of the Borough's parks and public buildings.
All ordinances or resolutions or parts of ordinances or resolutions insofar as they are inconsistent herewith are hereby repealed and rescinded.
In the event any provision, section, sentence, clause or part of this chapter shall be held to be invalid such invalidity shall not affect or impair any of the remaining provisions, sentences, sections, clauses or parts of this chapter; it being the intent of the Borough of Lemoyne that the remainder of the chapter shall be and shall remain in full force and effect.
This chapter shall become effective as provided by the laws of the Commonwealth of Pennsylvania.