This chapter shall be enforced by the Zoning Officer, and/or
officially designated representative; or the Police Chief of Lower
Windsor Township or officially designated representative.
Any person who shall violate any provision of this chapter regarding
possession and use of consumer fireworks commits a summary offense
and shall, upon conviction thereof, be sentenced to pay a fine of
not more than $100 and costs, and, in default of payment, to undergo
imprisonment for a term not to exceed 10 days. All prosecutions shall
be brought before the Magisterial District Judge having jurisdiction
of summary violations that occur in Lower Windsor Township.
The Pennsylvania State Police, a sheriff or police officer shall
take, 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 chapter.
The owner shall also be responsible for the storage and, if deemed
necessary, the destruction of these fireworks.
All provisions of this chapter are applicable in addition to
and in accordance with any and all provisions set forth in Pennsylvania
state law and any fire code or other rule or regulation duly adopted
by the Township.
If any provisions of this chapter should conflict with provisions
of Pennsylvania state law, any fire code, or other rule or regulation
duly adopted by the Township, the state law, regulation, or fire code
shall prevail.
All ordinances or parts of ordinances that are inconsistent
herewith are hereby repealed.
If any sentence, clause, section, or part of this chapter is
for any reason found to be unconstitutional, illegal, or invalid,
such unconstitutionality, illegality, or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections,
or parts of this chapter. It is hereby declared as the intent of the
Board of Supervisors of Lower Windsor Township that this chapter would
have been adopted had such unconstitutional, illegal, or invalid sentence,
clause, section, or part thereof not been included herein.
