Visual, audible and secondary effects from the sale and use
of fireworks can pose a serious threat to the comfort, convenience,
health, safety, welfare, and overall quality of life of the residents
of Maidencreek Township, Berks County, Pennsylvania. It is the intent
of this chapter to establish requirements and criteria to prevent
excessive noise and secondary effects from the sale and use of fireworks
that may jeopardize the health and welfare of its residents or degrade
their quality of life. Therefore, it intends hereby to establish regulations
and permitting requirements subject to its police power in order to
preserve, protect, and promote health, safety, welfare and the peace,
quiet, comfort and safety of the residents, visitors and traveling
public within Maidencreek Township limits. This chapter is enacted
pursuant to the general powers of the Board of Supervisors, contained
in the Second Class Township Code, 53 P.S. § 66506, and
associated enforcement provisions related to health, public safety,
and noise at 53 P.S. § 66601(c.1).
As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Any structure used by human beings or animals for occupancy
or storage and related activities, including, but not limited to,
houses, garages, sheds, barns, pole buildings, equipment sheds, etc.
CONSUMER FIREWORKS
A.
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 (Code of Federal Regulations) (relating to commercial practices)
or any successor regulation, and complies with the provisions for
"consumer fireworks" as defined in American Pyrotechnics Association
("APA") Standard 87-1 or any successor standard, the sale, possession,
and use of which is permitted throughout the Commonwealth of Pennsylvania.
B.
The term "consumer fireworks" shall not include devices such
as "ground and hand-held sparkling devices," "novelties," or "toy
caps" as defined in APA Standard 87-1 or any successor standard, the
sale, possession, and use of which shall be allowed. The term "consumer
fireworks" shall further not include explosives which are illegal
under federal law, such as devices described in 49 CFR 173.53 (relating
to forbidden explosives) or those devices that have not been tested,
approved and labeled by the United States Department of Transportation,
including, but not limited to, those devices commonly referred to
as "M-80," "M-100," "blockbuster," "cherry bomb," or "quarter or half
stick" explosive devices.
DISPLAY
Any event, whether or not open to the general public, and
whether or not admission is charged, at which fireworks are discharged,
fired or otherwise activated.
DISPLAY FIREWORKS
A.
Large fireworks to be used solely by professional pyrotechnicians
and designed primarily to produce visible or audible effects by combustion,
deflagration, or detonation. This term includes, but is not limited
to, the following:
(1)
Salutes (fireworks designed to produce an explosive sound as
their primary effect) that contain more than two grains or 130 milligrams
of explosive materials;
(2)
Aerial shells containing more than 60 grams of pyrotechnic compositions;
(3)
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).
B.
The term "display fireworks" shall not include explosives which
are illegal under federal law, such as devices described in 49 CFR
173.53 (relating to forbidden explosives) or those devices that have
not been tested, approved and labeled by the United States Department
of Transportation, including, but not limited to, those devices commonly
referred to as "M-80," "M-100," "blockbuster," "cherry bomb," or "quarter
or half stick" explosive devices.
FIRE CHIEF
The Chief of the Fire Department(s) having jurisdiction in
the Township, in the discretion of the Township, to render decisions
on issues regarding fireworks, or the designee of the same.
OCCUPIED STRUCTURE
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business, whether or not a person is
actually present.
PERSON
Any individual, partnership, firm, limited liability company,
public or private corporation, incorporated or unincorporated association,
enterprise, or any other legal entity, and including, without limitation
with respect to the above, any agent, servant, or employee thereof.
TOWNSHIP
The Township of Maidencreek, Berks County, Pennsylvania,
and its Board of Supervisors.
Fireworks may be sold only by persons and from facilities properly
licensed by the Pennsylvania Department of Agriculture and operating
in compliance with all applicable state laws and Pennsylvania Department
of Agriculture regulations.
Every use of display fireworks within the Township shall be
performed by a competent individual and shall be of such character
and so located, discharged, fired or activated in such a manner so
as not to be hazardous to property or endanger any person or persons.
An applicant for use of display fireworks shall arrange with the Fire
Department having jurisdiction to have them present at the display
or use and deployed in such a manner as to prevent injury to persons
or damage to property. No display fireworks shall be ignited within
300 feet of a facility that meets the requirements of 72 P.S. §§ 9407
and 9410 (sales locations and temporary sales locations for fireworks).
It shall be the responsibility of the permittee (for display
fireworks) and discharger (of consumer fireworks) to dispose of all
unfired fireworks, misfired fireworks, trash, and any other residue
or remains of firework use within 12 hours following discharge. Any
materials which are hazardous shall be immediately disposed of in
a proper manner consistent with all state and local laws and regulations.