[HISTORY: Adopted by the Board of Commissioners
of the Township of Penn as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-21-2006 by Ord. No. 825]
It shall be unlawful for any person, persons,
firms or corporations, amusement parks, fair associations or other
organizations or groups of individuals to have or to hold public displays
of fireworks within the limits of the Township of Penn, unless a permit
therefor is granted by the Board of Commissioners of said Township,
as hereinafter provided.
Every such display within the limits of said
Township shall be handled by a competent operator, and which display
shall be of such character and so located, discharged or fired as,
in the opinion of the Board of Commissioners, or its duly authorized
representative, after proper inspection, shall not be hazardous to
property or endanger any person or persons.
Application for permits shall be made in writing to the Township Manager at least 30 days in advance of the date of display, setting forth the proposed location of the display, the character thereof, name and address of the operator, and the name and address of the owner or owners of the grounds on which the display is to be held, with the consent of such owner or owners thereto in writing attached. All applicants shall submit to the Township of Penn a permit fee, which shall be established from time to time by resolution of the Board of Commissioners of the Township of Penn. In addition to said fee, a permit shall not be issued until proof of liability insurance, required by § 84-5, is presented to the Township of Penn.
If and after such permit shall have been granted
by Township Commissioners or designee, possession, sale, use and distribution
of fireworks for such display shall be lawful for that purpose only.
No permit granted hereunder shall be transferable.
The Board of Commissioners of the Township of
Penn shall require liability insurance. A certificate of insurance
shall be filed with the Township Manager before a permit may be issued.
Said certificate of insurance shall be in an amount of $1,000,000
or greater, which shall insure the payment of damages caused to any
person or persons, and to any property of any person or persons by
reason of the license display, and arising from any acts of the licensee,
its agents, employees or subcontractors.
If by 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, within
72 hours, apply to the authority having granted the same, setting
forth under oath the fact that such display was not made, giving the
reason therefor, and requesting a continuance of such permit for a
day designated therein, not later than one week after the day fixed
originally in said permit. Upon receiving such application for a continuance,
the Township, if it believes the facts stated therein are true, shall
extend the provisions of said permit to the day fixed in said application,
not later than one week after the original day designated in the permit,
and such extension of time shall be granted without the payment of
any additional fee and without requiring any bond other than the one
given for the original permit, the provisions of which shall extend
to and cover all damages which may be caused by reason of 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.
Any person, copartnership, association or corporation
violating the provisions of this article shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine not exceeding
$300 or, in the case of individuals, the members of a partnership
or corporation, by imprisonment not exceeding 90 days, or by both
such fine and imprisonment.
[Adopted 11-20-2019 by Ord. No. 933]
The Board of Commissioners of the Township of Penn has determined
that it is in the best interests of the Township that the use, sale,
and possession of fireworks within the Township be regulated. The
Board of Commissioners recognizes that the possession, sale, and use
of fireworks, even those which are legal, if left unregulated, can
create problems which can have a detrimental impact on the health,
safety, and welfare of the community.
The following definitions shall apply in the interpretation,
administration, and enforcement of this article:
An act, signed into law October 30, 2017, amending the Act
of March 4, 1971 (P.L. 6, No. 2), known as the "Tax Reform Code."
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 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 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:
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).
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business, whether or not a person is
actually present.
The Township of Penn, Westmoreland County, Pennsylvania.
The Township of Penn Volunteer Fire Chiefs.
The manufacture of fireworks is prohibited within the Township. The sale or offering for sale of display fireworks is prohibited within the Township. The sale or possession of consumer fireworks is permitted pursuant to this article. The display or discharge of consumer or display fireworks shall comply with the requirements of Act 43, the provisions of this article and the provisions of the International Fire Code, 2009 edition, as amended, supplemented or replaced, implemented by the Uniform Construction Code (Chapter 5, Part 1 ).
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 10:00 p.m. 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.
A.
A person
using consumer fireworks in violation of the provisions of this article
commits a summary offense and, upon conviction, shall be punished
by a fine of not less than $100 and not more than $1,000 for each
violation or, alternatively, sentenced to pay a fine of not more than
the maximum permitted under Pennsylvania law as the same may be from
time to time amended and in effect as of the date of conviction, plus
costs for each such violation. Each day or portion thereof in which
a violation exists shall be considered a separate violation of this article.
Each provision of this article which is violated shall be considered
a separate violation. Such fine shall be in addition to any other
fine which may be imposed under the provisions of any other ordinances
of the Township, Pennsylvania law, or federal law. In default of payment
of any fine, such person shall be subject to imprisonment for not
more than 30 days.
B.
A person
using display fireworks in violation of the provisions of this article
commits a summary offense and, upon conviction, shall be punished
by a fine of not less than $600 and not more than $1,000 for each
violation or, alternatively, sentenced to pay a fine of not more than
the maximum permitted under Pennsylvania law as the same may be from
time to time amended and in effect as of the date of conviction, plus
costs for each such violation. Each day or portion thereof in which
a violation exists shall be considered a separate violation of this
article. Each provision of this article which is violated shall be
considered a separate violation. Such fine shall be in addition to
any other fine which may be imposed under the provisions of any other
ordinances of the Township, Pennsylvania law, or federal law. In default
of payment of any fine, such person shall be subject to imprisonment
for not more than 30 days.
C.
Any person
who or which violates or fails to comply with any other provision
of this article shall, upon conviction, be sentenced to pay a fine
of not less than $300 and not more than $1,000 for each violation
or, alternatively, sentenced to pay a fine of not more than the maximum
permitted under Pennsylvania law as the same may be from time to time
amended and in effect as of the date of conviction, plus costs for
each such violation. Each day or portion thereof in which a violation
exists shall be considered a separate violation of this article. Each
provision of this article which is violated shall be considered a
separate violation. Such fine shall be in addition to any other fine
which may be imposed under the provisions of any other ordinances
of the Township, Pennsylvania law, or federal law. In default of payment
of any fine, such person shall be subject to imprisonment for not
more than 30 days.
D.
The improper
storage, sale, or use of consumer or display fireworks may be prosecuted
under state and/or federal regulations.
The Pennsylvania State Police or a Township police officer may
seize, remove, or cause to be removed at the expense of the owner
all stocks of consumer fireworks or display fireworks or combustibles
offered or exposed for sale, stored, or held in violation of this
article. The owner shall also be responsible for the storage and,
if deemed necessary, the destruction of these fireworks.
In all other respects, all ordinances of the Township shall
remain as previously enacted and ordained.
In addition to or in lieu of the penalties provided in § 84-14 hereof, any violations of the provisions of this article may be abated or enforced by proceedings seeking equitable relief against the violator.
If any provision of this article shall be determined to be unlawful,
invalid, void or unenforceable, then that provision shall be considered
severable from the remaining provisions which shall continue in full
force and effect.
Any ordinance or part of ordinance conflicting with the provisions
of this article are hereby repealed to the extent of such conflict.
This article shall become effective immediately upon its adoption.
