Borough of Lemoyne, PA Chapter 268 Fireworks

[HISTORY: Adopted by the Borough Council of the Borough of Lemoyne 1-19-2023 by Ord. No. 778.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also superseded former Ch. 268, Fireworks, adopted 9-20-2018 by Ord. No. 753.

§ 268-1 Definitions.

For purposes of this chapter, the definitions of "consumer fireworks" and "display fireworks" shall be that set forth in Section 1 of the Fireworks Law,[1] appearing here as Attachment A[2] to this chapter, and any successor legislation. As set forth therein, the term "consumer fireworks" shall not include devices such as "ground and hand-held sparkling devices," "novelties," or "toy caps."

[1] Editor's Note: See 3 Pa.C.S.A. § 1101 et seq.

[2] Editor's Note: Attachment A is on file in the Borough offices.

§ 268-2 Use of display fireworks.

A. In accordance with the Fireworks Law, a permit is required before any use of display fireworks within Lemoyne Borough limits. Permit application forms are available through the Codes Office during normal business hours. The application must include facts sufficient to establish that the display fireworks will not be ignited within 300 feet of sales locations for consumer fireworks and that the display fireworks will be handled by a competent operator at least 21 years of age who demonstrates evidence of fireworks handling and safety training, all in accordance with Sections 1102 and 1107 of the Fireworks Law. The application must include the approval of the Chief of the Fire Department or other appropriate official as may be designated by Lemoyne Borough and that the display fireworks will not be located, discharged or fired in such a manner as to be hazardous to property or an endangerment to any person. The application shall be accompanied by a certificate of insurance in accordance with Section 1102(d) of the Law. The applicant must acknowledge acceptance of the requirements otherwise established by state and federal law. Permit extensions shall be permitted in accordance with Section 1102(e), provided the extension sought receives a renewed approval by the designated official that the extended use would not be hazardous to property or an endangerment to any person.

B. In accordance with Section 1105(a) of the Law, Lemoyne Borough may under this chapter grant permits for the use of display fireworks for agricultural purposes in connection with the raising of crops and the protection of crops from bird and animal damage. The application for such a permit must meet the requirements of this section. A permit under Section 1105 shall remain in effect for the calendar year in which it was issued. Sales, possession and use of display fireworks for the purpose stated in the permit shall be lawful for that purpose only.

C. Applications for use of display fireworks shall be submitted at least eight weeks prior to the date of proposed use. Permits for the use of display fireworks may be granted by Lemoyne Borough, by the Code Officer, the Borough Manager, or by such official or officials as are so designated by Lemoyne Borough Council, upon approval of the application and payment of a fee as stipulated in the current Fee Schedule resolution.[1]

[1] Editor's Note: The current Fee Schedule resolution is on file in the Borough offices.

§ 268-3 Use of consumer fireworks.

A. In accordance with the Fireworks Law, and based upon legislative findings that there is no location within Borough limits that meets statutory requirements, including but not limited to the prohibition of use within 150 feet of a building or vehicle, the use of consumer fireworks within those limits in accordance with Section 1104(b)(5) of the Law is hereby prohibited.

B. Upon proper application as hereafter prescribed, a use within Borough limits may be permitted as an exception when it is demonstrated that the proposed use by exception can be conducted without violating the prohibitions set forth in § 268-3A and Section 1104(b)(5) of the Law.

C. Permit application forms for a use by exception are available through the Code Enforcement Office during normal business hours. The application for use by exception must include facts sufficient to establish in accordance with Section 1104 of the Law that the provisions relating to consumer fireworks will not be violated, including facts sufficient to demonstrate:

(1) That no one under the age of 18 will purchase, possess or use consumer fireworks;

(2) That consumer fireworks will not be used on private property or on public property, including, but not limited to, streets, parking lots, sidewalks and parks, without the express permission of the owner or entity that controls the property;

(3) That the consumer fireworks will not be used within, directed at or directed from a "vehicle" or "building" as those two terms are defined in the Law;

(4) That the consumer fireworks will not be directed at another person;

(5) That the consumer fireworks will not be used by a person who is under the influence of alcohol, a controlled substance or another drug; and

(6) That the consumer fireworks will not be used within 150 feet of a building or vehicle, whether or not the building or vehicle is owned by the user of the consumer fireworks.

D. In accordance with Section 1104 of the Fireworks Law, no permit shall be granted for the use by exception of consumer fireworks within 150 feet of an animal housing facility as defined in the Law, or a fenced area designed to confine livestock owned or managed by another person. A permit may be granted on the basis of an application that meets the requirements of Section 1104 for use of consumer fireworks at a distance of 150 to 300 feet if the prospective user of the consumer fireworks provides proof of notification in writing to the owner or manager of the animals or livestock of the prospective use at least 72 hours in advance.

E. Applications for use by exception of consumer fireworks shall be received at least eight weeks prior to the date of proposed use. Permits for the use by exception of consumer fireworks may be granted by Lemoyne Borough, by the Code Enforcement Officer, Borough Manager, or by such official or officials as are so designated by Lemoyne Borough Council upon approval of the application and payment of a fee as stipulated in the current Fee Schedule resolution.

F. The permit shall restrict the use by exception of consumer fireworks to the day and time listed in the application but in no event shall the permit allow use later than 10:00 p.m., provided however, that 1) on July 2, 3 and 4 and December 31, consumer fireworks may be used until 1:00 a.m. on the following day, and 2) when July 4 falls on a Tuesday, Wednesday, or Thursday, consumer fireworks may be used until 1:00 a.m. on the immediately preceding and following Friday and Saturday. Pursuant to Section 1106(b) of the Law, the hours of use of consumer fireworks may not be restricted on the Monday of Memorial Day and the immediately preceding Saturday and Sunday, and the Monday of Labor Day and the immediately preceding Saturday and Sunday.

G. No permission is granted by the Borough of Lemoyne to any person to ignite or discharge consumer fireworks on the streets or sidewalks in the Borough, or on any property owned or occupied by the Borough of Lemoyne or other governmental entity, including, without limitation, all of the Borough's parks and buildings.

§ 268-4 Availability of chapter.

Certified copies of this chapter shall be provided to the Judges of the Court of Common Pleas and all Magisterial Judges within the Borough of Lemoyne, posted on the Borough's website, and made available to the public at the Code Enforcement Office.

§ 268-5 Sale of consumer fireworks.

Nothing in this chapter governs the sale of consumer fireworks for the period of one year from the effective date of the Fireworks Law in accordance with Section 1106(a)(2) of the Law.

§ 268-6 Violations and penalties.

A. In accordance with the provisions of Section 1114(1) of the Law, any person using consumer fireworks in violation of the provisions of this chapter, for the first offense, commits a summary offense, and upon conviction shall, in addition or any other penalty authorized by law, be punishable by a fine of not more than $500. A subsequent offense under this chapter committed within three years of a prior conviction shall constitute a summary offense, and upon conviction shall, in addition to any other penalty authorized by law, be punishable of a fine of not more than $1,000.

B. Any person selling consumer firework in violation of the Law is punishable in accordance with Section 1114(2) by a fine of not less than $10,000.

C. Any person selling or using display fireworks in violation of the Law is punishable in accordance with Section 1114(3) by a fine of not less than $10,000.

§ 268-7 Repealer.

All ordinances or resolutions or parts ordinances or resolutions insofar as they are inconsistent herewith are hereby repealed and rescinded.

§ 268-8 Severability.

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, sections, sentences, 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.

§ 268-9 When effective.

This chapter shall take effect in accordance with the laws of the Commonwealth of Pennsylvania.B (420)