[HISTORY: Adopted by the Borough Council of the Borough of
Paxtang 8-20-2019 by Ord. No. 667.[1] Amendments noted where applicable.]
[1]
Editor's Note: Section II of this ordinance also provided
that the Pennsylvania State Police, a Swatara Township police officer,
or a Paxtang Borough Fire Department Chief may seize, remove, or cause
to be removed at the expense of the owner all stocks of consumer or
display fireworks or combustibles offered or exposed for sale, stored,
or held in violation of this ordinance, and that the owner shall also
be responsible for the storage and, if deemed necessary, the destruction
of these fireworks.
The following words and phrases, when used in this chapter,
shall have the meanings given to them in this section, unless the
context clearly indicates otherwise:
The American Pyrotechnics Associations Standard 87-a: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition, or any subsequent edition.
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 in Paxtang Borough.
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:
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).
This term shall include any natural person, firm, partnership,
trust, association, corporation, limited-liability company, company,
or any other organization of any kind.
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.
A structure, vehicle, or place adapted for overnight accommodation
of persons or for conducting business, whether or not a person is
actually present.
A consumer fireworks building, trailer, semitrailer, metal
shipping container, or magazine meeting the specification of NFPA
1124.
A structure, other than a permanent facility with fixed utility
connections, which is in use or in place for a period of 20 consecutive
calendar days or less and is dedicated to the storage and sale of
consumer fireworks and related items. The term includes temporary
retail sales stands, tents, canopies, and membrane structures meeting
the specification of NFPA1124. The term shall not include a facility
that is not licensed to sell consumer fireworks under Article XXIB
of the Tax Reform Code.
A.
Permissible purposes. As a prerequisite to possess and use display
fireworks, a person must hold a permit from Paxtang Borough. The permit
must be available at the display covered by the permit or available
when used as authorized by the permit for any of the following:
(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 show or theatre.
(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.
Permit conditions.
(1)
Each display shall be handled by a competent operator; and
(2)
The Fire Department Chief or other appropriate officer, as designated
by the governing body of the municipality, must deem the character
and location of each display, prior to being fired or discharged,
not to be either hazardous to property or dangerous to any person;
and
(3)
After permission is granted under this section, possession and use
of display fireworks for display shall be lawful for that purpose
only.
C.
Age limitation. A display fireworks permit may not be issued to a
person under 21 years of age.
D.
Bond. Paxtang Borough shall require a bond deemed adequate by it
from the permittee in a sum not less than $50,000 conditioned for
the payment of all damages which may be caused to person or property
by reason of the display and arising from an act of the permittee
or an agent, an employee, or a subcontractor of the permittee.
A.
Authorization. If, because of unfavorable weather, the display 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 for a request for extension to Paxtang Borough.
B.
Contents of request. The request for extension shall state under
oath that the display was not made, provide the reason that the display
was not made and request a continuance of the permit for a date designated
within the request, which shall be not later than one week after the
date originally designated in the permit.
C.
Determination. Upon receiving the request for extension, Paxtang
Borough, if it believes that the facts stated within the request are
true, shall extend the provisions of the permit to the date designated
within the request, which shall be not later than one week after the
date originally designated in the permit.
D.
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.
A.
Conditions. A person who is at least 18 years of age and meets the
requirements of this section may purchase, possess, and use consumer
fireworks. A person under 18 years of age may intentionally ignite
or discharge consumer fireworks only when under the direct supervision
of a parent, guardian, or responsible adult acting in loco parentis.
B.
Prohibitions. A person may not intentionally ignite or discharge:
(1)
Consumer fireworks on public or private property without the express
permission of the property 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,
building, or 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 between the hours of 12:00 midnight and 8:00 a.m.
between January 2 and December 31.
(7)
Consumer fireworks between the hours of 12:30 a.m. and 8:00 a.m.
on January 1.
(8)
Consumer fireworks on a date that is not within seven calendar days
of a recognized federal holiday.
A.
No display fireworks shall be ignited without a permit issued by
Paxtang Borough as per this chapter.
B.
No display fireworks shall be ignited within 300 feet of a facility
that meets the requirements of Sections 2407 and 2410 (relating to
permanent and temporary sales locations) of Pennsylvania Act 43 of
2017.
A.
Authorization. Paxtang Borough may, under reasonable rules and regulations
adopted by it, grant permits for the use of suitable fireworks for
agricultural purposes in connection with the raising of crops and
the protection of crops from bird and animal damage.
B.
Duration of permit. A permit under this section shall remain in effect
for the calendar year in which it was issued.
C.
Conditions. After a permit under this section has been granted, sales,
possession, and use of fireworks of the type and for the purpose mentioned
in the permit shall be lawful for that purpose only.
A.
A person using consumer fireworks in violation of the provisions
of the chapter commits a summary offense and, upon conviction, shall
be punished by a fine of not more than $100.
B.
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 $2,000.
C.
The improper storage, sale or use of consumer or display fireworks
may be prosecuted under state and/or federal regulations.
