[HISTORY: Adopted by the Borough Council of the Borough of Taylor 4-24-2018 by Ord. No. 1-2018. Amendments noted where applicable.]
In order to protect life and property in the Borough of Taylor, the Borough as authorized by the Fireworks Law, 72 P.S. §§ 9401 et seq., 9406 and 9402, is promulgating rules on the issuance of permits.
As used in this chapter, the following terms shall have the meanings indicated:
CODE OFFICER
Such official designated by Borough Council to carry out duties under this chapter.
CONSUMER FIREWORKS
The term as defined in 72 P.S. § 9401.
DISPLAY FIREWORKS
The term as defined in 72 P.S. § 9401.
FIRE CHIEF
The Borough of Taylor Fire Chief.
FIREWORKS LAW
72 P.S. § 9401 et seq.; 72 P.S. Ch. 5, Art. XXIV, note et seq.
FIREWORKS or FIREWORK
The terms "consumer fireworks" and "display fireworks" as defined in 72 P.S. § 9401 et seq., as may be amended, unless the context specifically provides otherwise.
PUBLIC OFFICER
Any Taylor Borough Police Officer, sometimes herein referred to as "public officer designated by the municipality to enforce the Borough ordinances," and also, to the extent permitted by intrajurisdictional agreement(s), such other police officers duly authorized thereunder.
VIOLATION TICKET
A form issued by a police officer to a person who violates a provision of this chapter. The violation ticket is an offer by the Borough of Taylor extended to a person to settle a violation by paying the fine in lieu of a citation being issued against the violator.
A. 
Discharge of display fireworks shall be by permit.
B. 
Permits may be granted upon application to the Code Officer after approval of the Chief of Police and the Taylor Borough Fire Chief, and filing of a bond and/or certificate of insurance by the applicants as provided in § 90-4A. Every such display shall be handled by a competent operator approved by the Code Officer and shall be of such composition, character, and so located, discharged or fired as in the opinion of the Code Officer, after consultation with the Police Chief and Fire Chief, and after proper inspection, and shall not be hazardous or endanger any person or persons. No such permit shall be issued to a person younger than age 21 years of age for display fireworks as provided in 72 P.S. § 9402.
C. 
Applications for permits shall be made in writing at least 30 days in advance of the date of the display. After such privilege has been granted, sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. An extension shall be governed by 72 P.S. 9403, as may be amended, when display prevented by unfavorable weather.
D. 
The sale, possession, use and distribution of fireworks for display purposes ("display fireworks") shall be conducted so as to be reasonably safe to persons and property. Evidence that the sale, possession, use and distribution of fireworks for display purposes has been conducted in accordance with the applicable standard specified in NFPA No 1122L shall be evidence that such design, construction, and use provides reasonable safety to persons and property.
A. 
The Code Officer shall require a bond and/or a certificate of insurance from the permittee in a sum not less than $100,000 conditioned on compliance with the provisions of this article.
B. 
Before any permit for a pyrotechnic display shall be issued, the person, firm or corporation making application therefore shall furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such person, firm or corporation or any agent or employee thereof, in such amount, character and form as the public officer determines to be necessary for the protection of the public.
Any fireworks ("display fireworks") that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining.
The police officer may seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in violation of state law as authorized under 72 P.S. § 9401 et seq.
Upon finding a violation, any police officer, as previously defined herein, may proceed under 72 P.S. § 9414, as may be amended.
A. 
The provisions of this chapter shall be enforced by the Taylor Borough Police, and as such phrase is otherwise defined above, or the Pennsylvania State Police.
B. 
Any violation of the provisions of this chapter may be cause for a citation to be issued to the violator in conformance with law, including but not limited to 72 P.S. § 9414, as may be amended.
C. 
By way of explanation and not limitation, violations under 72 P.S. § 9404, Consumer fireworks, may be enforced hereunder or as otherwise as permitted by law.
Each day a violation continues or is permitted to continue may constitute a separate offense for which a separate fine may be imposed. The continued use after issuance of a citation may constitute a separate offense for which a separate fine or prosecution may be imposed for each act after the issuance of a citation or citations.
A. 
Any person who violates this chapter may be issued a citation for each offense; however, nothing herein limits the police officer(s) ability to act under 72 P.S. § 9414.
B. 
Nothing herein is intended to impede or restrict the prosecution of any criminal offense for any person continuing to violate the terms of this chapter or any order to stop or desist from any illegal conduct or from being charged with any separate offense under the criminal codes or otherwise.
All relevant ordinances, regulations, and policies of the Borough of Taylor, Pennsylvania, not amended shall remain in full force and effect. Any ordinance or part of an ordinance conflicting with the provisions of this chapter shall be subordinate to this chapter to the extent of such conflict, and the language contained in the chapter shall control. Nothing herein is intended to repeal the Taylor Borough Zoning Ordinance. Further, nothing herein is intended on limiting the police officers authority under 72 P.S. § 9401 et seq.
Ordinance No. 1 of 2017 is repealed hereby; however, nothing is intended to affect the prosecution or penalty for any offense, penalty or enforcement undertaken under said ordinance prior to the time of its repeal.
This chapter is enacted by the Council of the Borough of Taylor under the Borough Code and any other applicable law arising under the laws of the State of Pennsylvania, including but not limited to 72 P.S. § 9406.