As used in this chapter, the following terms shall have the
meanings indicated:
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 (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.
B.
The term does not include devices as "ground and hand-held 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
throughout this commonwealth.
DISPLAY FIREWORKS
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:
A.
Salutes that contain more than two grains or 130 milligrams
of explosive materials;
B.
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
C.
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).
FIREWORKS LAW
Act 43 of 2017, 72 P.S. § 9401 et seq., as may
be amended.
PUBLIC OFFICER
Any police officer, constable or code enforcement officer,
sometimes herein referred to as "public officer," designated by the
municipality to enforce the Borough ordinances, and also, to the extent
permitted by intra-jurisdictional agreement(s), such other police
officers duly authorized thereunder.
No consumer fireworks may be discharged within the Borough of
Mount Pocono before 9:00 a.m. or after 11:00 p.m. except for New Year's
Eve, when 11:00 p.m. shall be extended to 1:00 a.m. New Year's
Day. No consumer fireworks may be discharged within the Borough of
Mount Pocono within 200 feet of an occupied structure which term is
defined as a structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business whether or not a person is actually
present.
It shall be unlawful for any persons, firms, or corporations
to possess or use display fireworks within the limits of the Borough
unless a permit is first granted by the Borough.
Every use of display fireworks within the Borough shall be handled,
arranged, managed, and directly supervised by a competent operator.
The Borough Code Official, or other such officer designated by the
Borough Council, shall inspect the proposed site prior to issuing
a permit in accordance with the terms and conditions set forth in
this chapter and ensure that the site and proposed use of display
fireworks are not hazardous to property, will not endanger any person(s)
and will be in compliance with said regulations.
The Borough shall require a bond from the applicant in an amount
deemed appropriate by the Borough Council or its designee. The bond
amount shall be no less than $50,000 and shall be provided for the
payment of any and all damages caused to any person(s) and property
by reason of the display and arising from any acts of the permittee
or the permittee's agents, employees, subcontractors, or volunteers.
The bond shall be in a form acceptable to the Borough, and no permit
for the use of display fireworks shall be issued unless an acceptable
bond is received by the Borough.
If by reason of unfavorable weather the display for which a
permit has been granted does not take place at the time authorized,
the permittee may apply to the Borough within 24 hours, setting forth
under oath the fact that such display was not made, the reason and
request for a continuance of such permit for a specifically designated
day, no later than one week after the day fixed originally in said
permit. Upon receiving such application for a continuance, the Borough
shall extend the provisions of the permit to the day fixed in the
application, no later than one week after the original day designated
in the permit, if it believes the facts to be true. Such extension
of time shall be granted without the payment of any additional fee
or requiring any bond other than the one given for the original permit.
The provisions of the original bond shall extend to and cover all
damages which may be caused by reason of said display taking place
at the extended date in the same manner and to the same extent as
if such display had taken place at the date originally fixed in the
permit.
Any person violating the provisions of this chapter shall be
guilty of a summary offense and, upon conviction thereof, shall be
punished by a fine not exceeding $1,000 or by imprisonment not exceeding
30 days or by both such fine and imprisonment.
If any section, clause, provision or portion of this chapter
shall be held invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect any other section, clause,
provision or portion of this chapter so long as it remains legally
enforceable minus the invalid portion. The Borough reserves the right
to amend this chapter or any portion thereof from time to time as
it shall deem advisable in the best interests of the promotion of
the purposes and intent of this chapter and the effective administration
thereof.
This chapter is effective immediately.
This chapter is enacted the Council of the Borough of Mount
Pocono under the Borough Code and any other applicable law arising under the laws of
the Commonwealth of Pennsylvania, including but not limited to the
Fireworks Law.