[HISTORY: Adopted by the Borough Council of Mount Holly Springs 10-12-2020 by Ord. No. 2020-01. Amendments noted where applicable.]
To protect life and property in Mount Holly Springs Borough,
the Borough as authorized by the Fireworks Law, 35 P.S. § 1275.2,[1] is promulgating rules on the use of fireworks, including
those requiring the issuance of permits.
[1]
Editor's Note: 35 P.S. § 1275.2 was repealed 10-30-2017
by P.L. 672, No. 43, effective immediately. See now 72 P.S. § 9406.
As used in this chapter, the following terms shall have the
meanings indicated:
Such official designated by Council to carry out duties under
this chapter.
Any small firework device designed to produce visible effects
by combustion. The device must comply with the construction, chemical
composition, and labeling regulations of the U.S. Consumer Product
Safety Commission, as set forth in Title 16, Code of Federal Regulations,
Parts 1500 and 1507.
"Consumer fireworks" includes:
Some small devices designed to produce audible effects, such
as firecrackers, whistling devices, and ground devices containing
50 milligrams or less of explosive materials.
Aerial devices such as Roman candles, bottle rockets, and similar
fireworks that contain a maximum of 50 milligrams of explosive material.
The term does not include:
Devices as "ground and hand-held sparkling devices," "novelties"
and "toy caps" in APA Standard 87-1, the sale, possession and use
of which shall be permitted at all times throughout this commonwealth.
Firecrackers that exceed the fifty-milligram limit, including
illegal devices such as "cherry bombs," "M-80s," "silver salutes"
and other large firecrackers.
Consumer fireworks are classified as fireworks UN0336 and UN0337
by the U.S. Department of Transportation at 49 CFR 172.101, Purpose
and use of hazardous materials table. This term does not include fused
set pieces containing components which together exceed 50 mg of salute
powder.
A drug or other substance, or immediate precursor, as defined
in Section 102 of the Controlled Substances Act, 21 U.S.C. 802. The
term includes, but is not limited to, marijuana, depressants, stimulants,
and narcotic drugs. The term does not include distilled spirits, wine,
malt beverages, or tobacco, as those terms are defined or used in
Subtitle E of the Internal Revenue Code of 1986,[1] as amended.
The chief or designee of Citizens Fire Company or any member
thereof, including any other designated fire emergency service operating
on behalf of the Borough.
Title 35 P.S., Ch. 13A, Refs & Annos, PA STT. 35 P.S.,
Ch. 13A Fireworks Law, 35 P.S. § 1271 et seq.[2]
Any building regularly occupied in whole or in part as a
habitation for human beings, or any church, schoolhouse, railroad
station, store, or other structure where people are accustomed to
assemble, except any building occupied in connection with the manufacture,
transportation, storage, or use of explosive materials.
Large fireworks designed primarily to produce visible or
audible effects by combustion, deflagration, or detonation. This term
includes, but is not limited to, salutes containing more than 2 grains
(130 mg) of explosive materials, aerial shells containing more than
40 grams of pyrotechnic compositions, and other display pieces which
exceed the limits of explosive materials for classification as consumer
fireworks. Large display fireworks are classified as fireworks UN0333,
UN0334 or UN0335 by the U.S. Department of Transportation at 49 CFR
172.101. This term also includes fused set pieces containing components
which together exceed 50 mg of salute powder.
The Borough Police Department or any member thereof sworn
to enforce laws and ordinances in the Borough and includes the Chief
of Police or designee.
A.
The possession and use of fireworks for display purposes shall be
conducted so as to be reasonably safe to persons and property. As
such, the following restrictions will be enforced.
(1)
Consumer fireworks cannot be ignited or discharged:
(a)
On a public or private property — including sidewalks,
streets, alleys or cartways of any kind — without the express
permission of the property owner.
(b)
From or within a motor vehicle or building.
(c)
Toward a motor vehicle or building.
(d)
Within 150 feet of an inhabited building.
(e)
While under the influence of alcohol or a controlled substance.
(f)
By a person younger than 18 years of age without the direct
supervision of a person 18 years of age or over.
(2)
Further, to the extent allowed by law, the Borough shall have no
liability for harm or injury for consumer fireworks discharged in
the Borough.
B.
Discharge of consumer fireworks shall only be permitted on the following federally recognized holidays, which specifically includes the day before the holiday, the day of the holiday, and the day following the holiday at the times designated in Subsection C below:
C.
No consumer fireworks may be discharged before 1:00 p.m. or after
11:00 p.m. on Memorial Day, Labor Day, and Independence Day holidays.
No consumer fireworks may be discharged before 1:00 p.m. on New Year's
Eve or after 12:30 a.m. on New Year's Day.
A.
Discharge of large display fireworks shall be by permit only.
B.
Permits for large display fireworks may be granted upon application to the Code Enforcement Officer after approval of the Fire Chief and filing of a bond and/or certificate of insurance by the applicant as provided in Subsection A. The application shall specify the composition, character, and proposed location, manner of discharge or firing, and current registration with the Pennsylvania Attorney General, inclusive of the name of such entity/person.
(1)
Every such display shall be handled by a competent operator registered
as noted above and approved by the Code Enforcement Officer. The display
shall be of such composition, character, and so located, discharged,
or fired as — in the opinion of the Code Enforcement Officer,
after consultation with the Fire Chief, and after proper inspection
— to not be hazardous or endanger any person or persons. Further,
the applicant must certify to the Code Enforcement Officer and Fire
Chief that the possession, transportation use, and distribution of
fireworks for display purposes will be conducted in accordance with
the applicable standard specified in NFPA No. 1122L, NFPA 1123 and
1126, as may be amended.
(2)
No such permit shall be issued to a person younger than 21 years
of age, as provided under 35 P.S. § 1275. All applicants
must be registered with the Pennsylvania Attorney General Office under
the Pennsylvania Fireworks Law 35 P.S. § 1276.2,[1] as may be amended.
[1]
Editor's Note: 35 P.S. §§ 1275 and 1276.2 were
repealed 10-30-2017 by P.L. 672, No. 43, effective immediately. See
now 72 P.S. §§ 9404 and 9411, respectively.
C.
Applications for permits shall be made in writing at least 30 days
in advance of the date of the display. After such privilege has been
granted, sale, possession, use, and distribution of fireworks for
such display shall be lawful for that purpose only. No permit granted
hereunder shall be transferable. An extension shall be governed by
35 P.S. § 1274,[2] as may be amended, when the display is prevented by unfavorable
weather. The Borough may from time to time adopt an application and
fees by resolution; the initial application fee shall be $75 per permit.
[2]
Editor's Note: 35 P.S. § 1274 was repealed 10-30-2017
by P.L. 672, No. 43, effective immediately. See now 72 P.S. § 9403.
D.
The possession and use and of large display fireworks shall be conducted
to be reasonably safe to persons and property. Certification in the
application that the possession, transportation, use, and distribution
of large display fireworks will be conducted in accordance with the
applicable standard specified in NFPA No. 1122L, NFPA 1123 Code for
Fireworks Display and NFPA Standard for the Use of Pyrotechnics Before
a Proximate Audience 1126, as may be amended, shall be evidence that
such design, construction, and use provide reasonable safety to persons
and property. Further, to the extent allowed by law, the Code Enforcement
Officer, Fire Chief, and Borough shall have no liability for harm
or injury based upon such certification and the permittee shall indemnify
and hold harmless the Code Enforcement Officer, Fire Chief, and Borough
from all claims based upon the application composition, character,
location, transportation, distribution, discharge, or firing.
E.
No large display fireworks may be discharged before 1:00 p.m. or
after 11:00 p.m. at any time unless special exemption is requested
by the applicant.
A.
The Code Enforcement Officer shall require a bond to cover the insurance
deductible of the Borough and a certificate of insurance from the
permittee in a sum not less than $1,000,000 conditioned on compliance
with the provisions of this chapter, naming the Code Enforcement Officer,
Fire Chief and Borough of Mount Holly Springs as an additional insured
(Additional Insured) with a notice of cancelation to the Additional
Insured. Failure of the Borough to require or lapse of a bond/insurance
shall not be grounds for liability to Additional Insured.
B.
Before any permit for large display fireworks shall be issued, the
person, firm, or corporation making application shall furnish proof
of financial responsibility to satisfy claims for damages to property
or personal injuries arising out of any act or omission on the part
of such person, firm, or corporation or any agent or employee thereof,
in such amount, character, and form as the Code Enforcement Officer
determines to be necessary for the protection of the public.
Any fireworks that remain unfired after the display is concluded
shall be immediately disposed of in a way safe for the type of fireworks.
The Code Enforcement Officer may seize, take, remove, or cause
to be removed at the expense of the owner all stocks of fireworks
offered or exposed for sale, stored, or held in violation of state
law as authorized under 35 P.S. § 1278.[1]
[1]
Editor's Note: 35 P.S. § 1278 was repealed 10-30-2017
by P.L. 672, No. 43, effective immediately. See now 72 P.S. § 9415.
Applications for licenses to sell consumer fireworks shall be
submitted to the Department of Agriculture on forms prescribed and
provided by the Department. Facilities in existence on the effective
date of this section and new facilities shall be inspected by the
Department of Agriculture within 30 days of receipt of a complete
application for a license. The Department of Agriculture shall issue
a license, or deny a license, within 14 days of completing the inspection.
A license shall be effective for one year from the date the license
is issued, and each facility is subject to annual inspection by the
Department of Agriculture. Upon successful completion of the annual
inspection, a copy of the inspection shall be supplied to the Borough.
Upon finding a violation, the Code Enforcement Officer may proceed
under 35 P.S. § 1277, Penalties for sale of illegal fireworks,[1] as may be amended.
[1]
Editor's Note: 35 P.S. § 1277 was repealed 10-30-2017
by P.L. 672, No. 43, effective immediately. See now 72 P.S. § 9414.
A.
The provisions of this chapter shall be enforced by the Code Enforcement
Officer assigned by the Borough, or the Borough Police Department,
or the Pennsylvania State Police.
B.
Any violation of the provisions of this chapter may be cause for
a citation to be issued to the violator in conformance with law, with
a fine of no less than $100 and no more than $1,000, together with
all cost of prosecution, including any attorneys' fees incurred; also,
enforcement may include, but not limited to, 35 P.S. § 1277,[1] as may be amended, as well as, no limitation is intended
under the Crimes Code or other law having application.
[1]
Editor's Note: 35 P.S. § 1277 was repealed 10-30-2017
by P.L. 672, No. 43, effective immediately. See now 72 P.S. § 9414.
C.
Each day a violation continues or is permitted to continue may constitute
a separate offense for which a separate fine may be imposed.
Any person who violates this chapter may be issued a citation
for each offense, as noted above; however, nothing herein limits the
Code Enforcement Officer's ability to act under 35 P.S.§ 1277,[1] the Pennsylvania Crimes Code, or other law having application.
[1]
Editor's Note: 35 P.S. § 1277 was repealed 10-30-2017
by P.L. 672, No. 43, effective immediately. See now 72 P.S. § 9414.
A.
In the event of any provision, section, sentence, clause, or part
of this chapter being held to be invalid, such invalidity shall not
affect or impair any remaining provision, section, sentence, clause,
or part of the chapter, it being the intent of the Borough that such
remainder shall be and shall remain in full force and effect and,
for this purpose, the provisions of this chapter are hereby declared
to be severable.
B.
In the event of any legislation by the Commonwealth of Pennsylvania
becoming effective dealing with the same or similar subject matter
as that included herein, such shall remain in full force and effect
if it is more restrictive, and not inconsistent with such legislation,
but if such legislation is more restrictive than, inconsistent with,
or both, then this chapter shall be interpreted according to such
legislation and shall be superseded to the extent necessary to give
such legislation appropriate effect. However, all the remainder of
the chapter shall be and shall remain in full force and effect and,
for this purpose, the provisions of this chapter are hereby declared
to be severable.
Nothing herein is intended to impede or restrict the prosecution
of any criminal offense for any person continuing to violate the terms
of this chapter or any order to stop or desist from any illegal conduct
or from being charged with any separate offense under the criminal
codes or otherwise.
This chapter shall be effective at the earliest time permitted
by law after adoption.
This chapter is enacted by the Council of the Borough of Mount
Holly Springs under the Borough Code and any other applicable law
arising under the laws of the State of Pennsylvania, including, but
not limited to, 35 P.S. § 1275, Sale, possession and use
of fireworks.[1]
[1]
Editor's Note: 35 P.S. § 1275 was repealed 10-30-2017
by P.L. 672, No. 43, effective immediately. See now 72 P.S. § 9404.
