[HISTORY: Adopted by the Borough Council
of the Borough of East Petersburg 10-1-2019 by Ord. No. 307. Amendments
noted where applicable.]
The following terms shall have the meanings as indicated:
East Petersburg Borough, Lancaster County, Pennsylvania.
The governing body of the Borough.
Any large fireworks designed primarily to produce visible
or audible effects by combustion, deflagration, or detonation. This
term includes, but is not limited to, salutes containing more than
two grains (130 mg) of explosive materials, aerial shells containing
more than 40 grams of pyrotechnic compositions, and other display
pieces which exceed the limits of explosive materials for classification
as "consumer fireworks." Display fireworks are classified as fireworks
UN0333, UN0334, or UN0335 by the United States Department of Transportation
at 49 CFR 172.101. This term also includes fused set pieces containing
components, which together exceed 50 mg of salute powder.
The person appointed by the Borough Council to enforce the
applicable provisions of this chapter. This person or organization
may be updated from time to time by resolution.
Any combustible or explosive composition, or any substance
or combination of substances, intended to produce visible and/or audible
effects by combustion, and which is suitable for use by the public,
that 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 which complies with the provisions for "consumer fireworks"
as defined in the American Pyrotechnics Association (APA) Standard
87-1, or any successor standard. The term does not include devices
such as "ground and hand-held sparkling devices," "novelties," and
"toy caps" in APA Standard 87-1, the sale, possession and use of which
shall be permitted at all times throughout this commonwealth.
The combustion of solids, liquids, or gases utilizing atmospheric
oxygen to produce thermal, physical, visual, or audible phenomena
before an audience.
Automatic flame effect is a flame effect that is supervised
and fired by an automatic control system.
Hybrid flame effect is a flame effect that is used in combination
with a pyrotechnic material or device.
Manual flame effect is a flame effect that is operated manually
without the use of an automatic control system.
Portable flame effect is a flame effect that is designed and
installed, either in a permanent or temporary installation, and that
is designed to move or be moved in the course of operation or installation.
Any individual, partnership, corporation, limited liability
company, or other legal entity.
Any police department authorized to provide police protective
services within the Borough.
An officer of the Police Department.
Controlled exothermic chemical reactions that are timed to
create the effects of heat, gas, sound, dispersion of aerosols, emission
of visible electromagnetic radiation, or a combination of these effects
to provide the maximum effect from the least volume.
A.
Except as provided hereinafter, it shall be unlawful for any person
to use or explode any display fireworks, provided that the Borough
Council, or its designee, shall have the power to grant permits for
supervised public displays of display fireworks to be held in the
Borough.
B.
Consumer fireworks may be used or exploded in the Borough except
for the following:
(1)
Within 150 feet of a structure, a park, a church, a school ground,
or a recreation center.
(2)
Ignited or discharged on private property without the express consent
of the owner.
(3)
Discharge from or within a motor vehicle or building.
(4)
Discharge toward a person, vehicle or building.
(5)
Discharge by a person under the influence of alcohol, a controlled
substance, or another drug.
C.
Every fireworks display shall be conducted by a competent operator,
currently registered with the Attorney General of Pennsylvania, approved
by the Borough Council, or its designee, and shall be of such a character
and so located, discharged or fired as, in the opinion of the Fire
Prevention Officer or Fire Department after proper inspection it shall
not be hazardous to property or endanger any person.
D.
The Fire Prevention Officer may suspend any permit issued under this
chapter due to drought, dry conditions, high winds, or any other factor
reasonably related to the public safety. The Fire Prevention Officer
may, at his discretion, dispatch fire company members and/or equipment
to the scene of any permitted display. Where any such deployment occurs,
the permittee will be subject to a fee, which may be amended from
time to time by resolution of the Borough Council. The Fire Prevention
Officer shall not be liable to the permittee or any other interested
party in carrying out his authorized duties under this section.
E.
Applications for permits shall be made in writing on a form provided
by the Borough, at least 30 days in advance of the date of a fireworks
display, and at least three days in advance of the date of a pyrotechnic
or flame effects display. After such permit shall have been granted,
sales, possession, use and distribution of fireworks, pyrotechnics
or flame effects for such display shall be lawful for that purpose
only.
F.
An application shall be accompanied by the applicable permit fee,
which may be amended from time to time by resolution of the Borough
Council.
G.
No permit granted hereunder shall be transferable.
H.
All fireworks displays shall be finished by 11:00 p.m. on Fridays
and Saturdays and by 10:00 p.m. Sundays through Thursdays. Exceptions
must be requested in writing and approved by the Borough Council.
I.
No more than five permits per calendar year may be issued for fireworks
displays to the same permittee.
J.
No more than five permits per calendar year may be issued for fireworks
displays on single property.
Prior to the issuance of any permit under § 59-2 hereof, the applicant shall deliver to the Borough evidence of the operator's registration with the Attorney General of Pennsylvania, and a bond or liability insurance, which shall be in the amount of $1,000,000, conditioned for payment of all damages which may be caused either to persons or to property by reason of the display and arising from any acts of the permit holder, his agents, employees or subcontractors. The Borough of East Petersburg and the East Petersburg Fire Company shall be named as additional insureds on the operator's liability insurance policy, which shall be shown on a certificate of insurance submitted to the Borough.
If, for any reason of unfavorable weather, the display for which
a permit has been granted does not take place at the time so authorized,
the person to whom such permit was issued may use the date noted on
the application as the "rain date" for the event display without the
payment of any additional fee and without requiring any bond or insurance
other than the one given for the original permit, the provisions of
which shall extend to cover all damages which may be caused by reason
of the said display taking place at such extended date in the same
manner and to the same extent as if such display had taken place at
the date originally fixed in the permit.
A.
This chapter may be enforced by the Fire Prevention Officer or any
police officer.
B.
Penalties for violation.
(1)
Any person using consumer fireworks in violation of the provisions
of this chapter commits a summary offense and, upon conviction, shall
be punished by a fine of not less than $100 and not more $1,000 plus
all costs of prosecution.
C.
Each day that a violation continues and each section of this chapter
which is violated shall be deemed a separate offense. Each individual
firework that has been discharged shall also be deemed a separate
offense. This chapter may also be enforced by an action in equity
brought in the Lancaster County Court of Common Pleas.
