[HISTORY: Adopted by the Borough Council of the Borough of
Pennsburg 5-12-2020 by Ord. No. 4-2020. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Consumer fireworks as defined by Act 43 of 2017 and 72 P.S.
§ 9401, et seq.
A permit issued by the Borough Zoning Officer authorizing
a display of consumer fireworks or display fireworks within the Borough.
The provisions of this chapter shall supplement the rules, regulations
and laws of the Commonwealth of Pennsylvania. Where a provision of
this chapter is found to be in conflict with any provision of the
rules, regulations and laws of the Commonwealth of Pennsylvania, the
rules, regulations and laws of the Commonwealth of Pennsylvania shall
prevail unless the provision of this chapter is more stringent and
not preempted; then this chapter prevails.
The discharge of display fireworks within Pennsburg is prohibited
except as provided below:
A.
It shall be unlawful for any persons, amusement parks, fair associations,
or any other organizations or groups of individuals to have or to
hold public displays of display fireworks within the limits of the
Borough, unless a fireworks display permit is first granted by the
Zoning Officer.
The use or ignition of consumer fireworks is prohibited within
the Borough of Pennsburg. Consumer fireworks shall include any combustible
or explosive composition or any substance or combination of substances
which is intended to produce visible or audible effects by combustion
as further defined by Act 43 of 2017. The term does include devices
as "ground devices," "novelties" or "toy caps" as described in such
APA 87-1 or any successor standard, the sale, possession and use of
which shall not be permitted at any time in this Borough. The use
of consumer fireworks is already prohibited within 150 feet of occupied
structures pursuant to Pennsylvania Fireworks Law. Since substantially
all the Borough of Pennsburg is located within 150 feet of an occupied
structure, under the authority of the Pennsylvania Borough Code, the
prohibition is extended to the entire Borough in order to protect
the health, safety and property of the residents and taxpayers of
the Borough of Pennsburg. Handheld sparkling devices are permitted.
This chapter shall be enforced by the Fire Prevention Officer
or any police officer.
A.
In addition to the penalties set forth under Section 2414 of the
Fireworks Law, 72 P.S. § 9414, any person using 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
$50 and not more than $100. A second violation shall be punished by
a fine of not less than $100 and not more than $300 plus all costs
of prosecution. A third violation shall be punished by a fine of not
less than $500 and not more than $1,000 or 30 days in prison or both.
The fines should include any costs and attorney fees incurred by the
Borough for prosecution.
B.
Each day that a violation continues and each section of this chapter
which is violated shall be deemed a separate offense. This chapter
may be enforced by an action in equity brought in the Court of Common
Pleas of Montgomery County, Pennsylvania.
C.
Any person who shall violate any provision of this chapter or any
provision of the Fireworks Law, 72 P.S. § 9401 et seq.,
shall be barred from obtaining a permit for display fireworks.
