[HISTORY: Adopted by the Borough Council of the Borough of
Palmerton 8-27-2020 by Ord. No. 750. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Borough
of Palmerton Consumer Fireworks Ordinance."
A.
Council finds that sudden or repeatedly late-night noise and visual
disturbances resulting from the ignition, discharge and/or launch
of consumer fireworks are detrimental to the physical, mental, and
social well-being of Borough residents as well as to their comfort,
living conditions, general welfare and safety, and peaceful enjoyment
of their residences and therefore are a public health and welfare
hazard, and Council hereby declares it to be necessary to provide
for the greater control and more effective regulation of such noise
and visual disturbances within the Borough.
B.
Council finds that a violation of this chapter shall be enforced
within the meaning of 8 Pa.C.S.A. § 3321(b)(2), and enforcement
shall be by a criminal action in the same manner as provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure.
The following words and phrases, when used in this chapter,
shall have the meanings given to them in this section unless the context
clearly indicates otherwise:
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition, or any subsequent 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 handheld 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
within the Borough, unless otherwise provided in the Palmerton Borough
Code.
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business, whether or not a person is
actually present.
Any individual, association, general or limited partnership,
corporation, limited-liability company, professional corporation,
and any other similar entity, and includes any officer, employee,
department, agency or instrumentality of a state or any political
subdivision of a state. Whenever used in any clause prescribing and
imposing a penalty, "person" includes the individual members, partners,
officers, and managers of the association, general or limited partnership,
corporation, limited-liability company, professional corporation,
or other similar entity.
[Amended 12-15-2022 by Ord. No. 774]
No person who owns, possesses or has control or supervision
of consumer fireworks shall permit, make or cause the ignition, discharge
or launch of such consumer fireworks within the Borough of Palmerton
between the hours of 10:00 p.m. and 10:00 a.m., except:
A.
On July
2, 3, and 4 and December 31, when consumer fireworks may be used until
1:00 a.m. the following day.
B.
When July
4 falls on a Tuesday, Wednesday or Thursday, consumer fireworks may
be used until 1:00 a.m. on the immediately preceding and following
Friday and Saturday.
C.
That this
section shall not apply where the Borough Council or its designee
has issued a special permit, in its discretion upon application therefor,
expressly authorizing the ignition, discharge or launch of consumer
fireworks for an infrequent event or activity, such as, without limitation,
celebration, memorial, festival and sporting events, during the prohibited
hours.
D.
This section
shall not apply to Memorial Day (including the immediately preceding
Saturday and Sunday) or Labor Day (including the immediately preceding
Saturday and Sunday).
It is hereby established that the Borough does not permit and
hereby bans the ignition, discharge or launch of consumer fireworks
by any person on or from Borough of Palmerton owned property, including,
without limitation, Borough-owned parks, buildings or structures,
streets, sidewalks and rights-of-way, unless such person, upon application,
has secured a special permit for the otherwise banned activity from
the Borough Council or its designee.
A.
Any person who violates any provision of this chapter shall be subject
to the following penalties pursuant to 8 Pa.C.S.A. § 3321(a)(3)
or to its successor statute:
(1)
First violation: a fine of not less than $50 nor more than $100;
(2)
Second violation: a fine of not less than $100 nor more than $300;
and
(3)
Third and each subsequent violation: a fine of not less than $500
nor more than $1,000.
(4)
In addition to a fine, imprisonment may be imposed to the extent
allowed by law for the punishment of a summary offense.
B.
A separate violation of this chapter shall be deemed to exist for
each day of violation and for each applicable section of this chapter
violated.
If any section, provision, regulation, limitation, restriction,
sentence, clause, phrase or word in this chapter is declared by any
reason to be illegal, unconstitutional or invalid by any court of
competent jurisdiction, such decision shall not affect or impair the
validity of this chapter as a whole, or any other section, subsection,
provision, regulation, limitation, restriction, sentence, clause,
phrase, word or remaining portion of this chapter. Council hereby
declares that it would have adopted this chapter and each section,
phrase and word thereof, irrespective of the fact that any one or
more of those sections, provisions, regulations, limitations, restrictions,
sentences, clauses, phrases or words may be declared illegal, unconstitutional
or invalid.
All ordinances or parts of ordinances that are inconsistent
herewith shall be and the same expressly are repealed.
This chapter shall become effective upon enactment.
