CROSS REFERENCES
Noise control — See Ch. 652.
[Ord. 806, passed 12-3-2018]
For the purposes of this chapter the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Any combustible or explosive composition or any substance
or combination of substances intended to produce visible and/or audible
effects by combustion and which is suitable for use by the public,
complies with the construction, performance, composition and labeling
requirements promulgated by the Consumer Products Safety Commission
in Title 16 of the Code of Federal Regulations (relating to commercial
practices) or any successor regulation which complies with the provisions
for consumer fireworks as defined in American Pyrotechnics Association
Standard 87-1 or any successor standard. The term "consumer fireworks"
does not include devices listed as "ground and hand-held sparkling
devices," "novelties," or "toy caps" in American Pyrotechnics Association
Standard 87-1 or any successor standard, the sale, possession, and
use of which is permitted within the Borough.
Large fireworks to be used solely by professional pyrotechnicians
and designed primarily to produce visible or audible effects by combustion,
deflagration or detonation. The term includes, but is not limited
to:
Salutes that contain more than two grains or 130 milligrams
of explosive materials;
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
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).
[Ord. 806, passed 12-3-2018]
(A)
It shall be unlawful, and it is hereby forbidden and prohibited,
for any person or persons under the age of 18 to possess or use consumer
fireworks.
(B)
Consumer fireworks or sparkling devices may not be intentionally
ignited, discharged, or thrown on public or private or private property
without the express permission of the owner.
(C)
Consumer fireworks or sparkling devices may not be intentionally
ignited, discharged, or thrown from, within, toward, or into a motor
vehicle or building.
(D)
Consumer fireworks or sparkling devices may not be intentionally
ignited, discharged, or thrown by any person who is under the influence
of alcohol, a controlled substance, or another drug.
(E)
Consumer fireworks or sparkling devices may not be intentionally
ignited, discharged, or thrown within 150 feet of an occupied structure.
(F)
Consumer fireworks may not be used, ignited, or discharged after
10:00 p.m.
[Ord. 806, passed 12-3-2018]
Any Brookhaven Borough police officer, Code Enforcement Officer,
Fire Code Official, Borough Fire Marshal, and/or Public Safety Officer
may seize, take, remove or cause to be, removed at the expense of
the owner, all stocks of consumer fireworks, other fireworks, or other
combustibles offered or exposed for sale and/or stored or held in
violation of this chapter.
[Ord. 806, passed 12-3-2018]
(A)
Any person, firm, association, or corporation using consumer fireworks
in violation of any provisions of this chapter shall, upon summary
conviction, pay a fine not exceeding $500 and costs of prosecution,
and in default of one payment of the fine and costs, the violator
may be sentenced to the county jail for a term of not more than 30
days. Each and every day in which any person, firm or corporation
shall be in violation of the chapter shall constitute a separate offense.
(B)
Any person, firm, association, or corporation selling consumer fireworks
in violation of the provisions of this chapter or the Pennsylvania
Fireworks Law, Act 43 of 2017 (72 P.S. §§ 9401 et seq.),
commits a misdemeanor of the second degree.
(C)
Any person, firm, association, or corporation selling display fireworks
in violation of the provisions of this chapter or the Pennsylvania
Fireworks Law, Act 43 of 2017 (72 P.S. §§ 9401 et seq.),
commits a felony of the third degree.
(D)
Any person, firm, association, or corporation selling explosives
or other devices described in 49 CFR 173.54 (relating to forbidden
explosives) or those devices that have not been tested, approved,
and labeled by the Federal 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, in violation of the provisions of this chapter
or the Pennsylvania Fireworks Law, Act 43 of 2017 (72 P.S. §§ 9401
et seq.), commits a felony of the third degree.
