[HISTORY: Adopted by the City Council of the City of Nanticoke 6-5-2019 by Ord. No. 2-2019. Amendments noted where applicable.]
As a result of the background paragraphs cited above, which
are incorporated herein,[1] it is hereby ordained and enacted that no permission is
granted by the City to any person to ignite or discharge consumer
fireworks on the streets of the City of Nanticoke, the sidewalks of
the City of Nanticoke or any property owned by the City of Nanticoke,
including, without limitation, all of the City's parks and public
buildings, unless expressly permitted by Council.
[1]
Editor's Note: The preamble is on file in the City offices.
Display fireworks, as defined in the Pennsylvania Fireworks
Law[1] cited above, shall be permitted, provided that Council
approves the display, a permit is secured from the City, and proof
of general liability insurance is provided, covering property damage
and personal injury, of not less than $1,000,000, and naming the City
of Nanticoke, its employees and elected officials as additional insureds.
[1]
See 72 P.S. § 9401 et seq.
In order to preserve the peace and tranquility of the residents
of the City of Nanticoke, the City hereby prohibits anyone from intentionally
igniting or discharging any consumer fireworks after 10:30 p.m.
The City Clerk is hereby directed to provide a certified copy
of this chapter to the Magisterial District Judge within the City
of Nanticoke to provide judicial notice that no permission has been
granted by the City for any person to intentionally ignite or discharge
consumer fireworks on the City streets and sidewalks or on any property
owned by the City of Nanticoke.
All ordinances or parts of ordinances insofar as they are inconsistent
herewith are hereby repealed and rescinded.
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 City
of Nanticoke that the remainder of the chapter shall be and shall
remain in full force and effect.
Anyone violating any provisions of this chapter commits a summary
offense and will be punished by a fine of not more than $100 per occurrence
for each violation of this chapter. A violation of more than one provision
of this chapter shall constitute a separate occurrence.
This chapter shall take effect 30 days following adoption by
the Nanticoke City Council.
