[HISTORY: Adopted by the City Council of
the City of Sunbury 9-14-2020. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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
that complies with the construction, performance, composition and
labeling requirements promulgated by the Consumer Products Safety
Commission in 16 CFR (relating to consumer practices) or any successor
regulation and which complies with the provisions for "consumer fireworks,"
as defined in the American Pyrotechnics Association (APA) Standard
87-1, including but not limited to Sections *3.1 and *3.5, or any
successor standard. The term does not include devices such as "ground
and handheld sparkling devices" as defined in APA Standard 87-1, Section
*3.1.1, "novelties," as defined in APA Standard 87-1, Section *3.2,
or "toy caps," as defined in APA Standard 87-1, Section *3.3.
Defined as more fully set forth in 27 CFR 555.11 (Meaning
of terms), which is incorporated herein by reference, which meet the
types of display fireworks devices set forth in the APA Standard 87-1,
Section *4.1, which comply with requirements for display fireworks
set forth in APA Standard 87-1.
Any composition or device for the purpose of producing a
visible or an audible effect for entertainment purposes by combustion,
deflagration or detonation that meets the definition of 1.4G fireworks
or 1.3G fireworks as set forth in the 2003 International Fire Code,
including, but not limited to, those compositions or devices as defined
in APA Standard 87-1.
Articles of trade having amusement value and whose appeal
is often transitory, and which are limited to those items for sale
described in American Pyrotechnics Association (APA) Standard 87-1,
Section *3.2.
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business, whether or not a person is
actually present.
A structure, other than a permanent facility with fixed utility
connections, which is in use or in place for a period of 20 consecutive
calendar days or less and is dedicated to the storage and sale of
consumer fireworks and related items. The term includes temporary
retail sales stands, tents, canopies and membrane structures meeting
the specifications of NFPA 1124. The term shall not include a facility
that is not licensed to sell consumer fireworks under this chapter.
A.
Conditions. A person who is at least 18 years of age and meets the
requirements of this chapter may purchase, possess and use consumer
fireworks.
B.
Prohibitions. A person may not intentionally ignite or discharge:
(1)
Consumer fireworks on public or private property without the express
permission of the owner.
(2)
Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building.
(3)
Consumer fireworks or sparkling devices into or at a motor vehicle
or building or at another person.
(4)
Consumer fireworks or sparkling devices while the person is under
the influence of alcohol, a controlled substance or another drug.
(5)
Consumer fireworks within 150 feet of any occupied structure.
(6)
Consumer fireworks within 100 feet of any combustible material.
(7)
Consumer fireworks such that the sparks or any portion of the fireworks
will land upon the property of another without the owner's express
permission.
C.
Municipal property. It is hereby ordained and enacted that no permission
is granted by the City of Sunbury to any person to ignite or discharge
consumer fireworks on the streets of the City of Sunbury, the sidewalks
of the City of Sunbury, or any property owned by the City of Sunbury,
including, without limitation, all of the City's parks and public
buildings.
D.
Sale and storage of consumer fireworks. The sale and storage of consumer
fireworks is licensed and regulated by the Pennsylvania Department
of Agriculture. Any persons who intend to sell or store consumer fireworks
within the municipality shall provide proof of such licensure prior
to such use being conducted within the municipality, in addition to
compliance with all other applicable municipal ordinances, regulations
or codes.
A.
Conditions. If a person is licensed by the Pennsylvania Department
of Agriculture to store and sell consumer fireworks within a temporary
structure as defined herein, such use shall be permitted within the
City of Sunbury, provided all other applicable City ordinances and
regulations are met.
B.
Compliance. The person authorized to store and sell consumer fireworks
within such temporary structure shall comply with the regulations
of the Pennsylvania Department of Agriculture, and shall provide verification
of such compliance prior to being permitted to conduct such use within
the municipality.
A.
No display fireworks shall be ignited within 300 feet of a facility
selling or dispensing gasoline, propane, or other flammable products.
B.
Permits are required to be issued by the City of Sunbury prior to
the use of display fireworks. Applications for permits shall be made
in writing at least 30 days in advance of the planned date of the
use of display fireworks, together with the permit fee. Permit fees
shall be as established by resolution of the City Council.
C.
Permits for display fireworks may only be issued to persons age 21
or older.
D.
Each display firework shall be:
(1)
Handled by a competent operator with the proper authorization to
handle, operate or store display fireworks;
(2)
Inspected by the Police Chief, Fire Chief, Fire Marshal or other
appropriate officer, and after proper inspection, deemed to not be
hazardous to property or endanger any person prior to the display
occurring; and
(3)
After permission is granted under this section, possession and use
of display fireworks shall be lawful for that purpose only.
E.
License requirements. Any business entity which performs, provides,
or supervises display fireworks for profit shall provide proof of
registration with the PA Attorney General to the City of Sunbury as
part of the permitting process.
F.
Display fireworks may be possessed and used by a person (age 21 or
older) holding a permit from the City at the display covered by the
permit, or when used as authorized by a permit for any of the following
additional activities:
(1)
By railroads or other transportation agencies for signal purposes
or illumination.
(2)
In quarrying or for blasting or other industrial use.
(3)
In the sale or use of blank cartridges for a public show or theater.
(4)
For signal or ceremonial purposes in athletics or sports.
(5)
By military organizations or organizations composed of veterans of
the Armed Forces of the United States.
A.
Bond. The City of Sunbury shall require a bond in a sum not less
than $500,000 conditioned on the payment of all damages which may
be caused to a person or property by reason of the display fireworks
and arising from an act of the permittee or an agent, employee or
subcontractor of the permittee. The bonding requirement may be deemed
unnecessary or reduced only by the City Council.
B.
Extension of permit.
(1)
Authorization. If, because of unfavorable weather, the display fireworks
for which a permit has been granted does not occur at the time authorized
by the permit, the person to whom the permit was issued may within
24 hours apply, in writing, for a request for extension to the municipality.
The requested continuance of the permit shall be not later than one
week after the date originally designated in the permit.
(2)
Conditions. The extension of time shall be granted without the payment
of an additional fee and without requiring a bond other than the bond
given for the original permit, the provisions of which shall extend
to and cover all damages which may be caused by reason of the display
occurring at the extended date and in the same manner and to the same
extent as if the display had occurred at the date originally designated
in the permit.
A.
Any Sunbury police officer shall take, remove or cause to be removed,
at the expense of the owner, all stocks of consumer fireworks, display
fireworks or combustibles offered or exposed for sale, stored or held
in violation of this chapter. The owner shall also be responsible
for the storage and, if deemed necessary, the destruction of these
fireworks.
B.
Any Sunbury police officer or the Sunbury Fire Chief or his/her designee
is authorized to cease all fireworks activity when there is a determination
that there is imminent or immediate danger to any person(s) or any
property, buildings, structures or premises, take any steps necessary,
within the reasonable performance of their duties, to extinguish,
mitigate and/or control any fireworks in order to preserve and protect
the life, health, welfare or safety of any person(s) and to preserve
and protect property, building structures or premises.
A.
A person using consumer fireworks in violation of the provisions
of this chapter commits a summary offense and, upon conviction, shall
be punished by a fine of not less than $100 nor more than $1,000.
B.
A person selling consumer fireworks in violation of the provisions
of this chapter commits a misdemeanor of the second degree.
C.
A person selling display fireworks in violation of the provisions
of this chapter commits a felony of the third degree.
D.
A person selling federally illegal explosives such as devices as
described in 49 CFR 173.54 (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, in violation
of the provisions of this chapter commits a felony of the third degree.
E.
All prosecutions related to this chapter shall be the responsibility
of the Sunbury Police or if warranted, the Pennsylvania State Police.
