To protect life and property in Mount Holly Springs Borough,
the Borough as authorized by the Fireworks Law, 35 P.S. § 1275.2, is promulgating rules on the use of fireworks, including
those requiring the issuance of permits.
As used in this chapter, the following terms shall have the
meanings indicated:
CONSUMER FIREWORKS
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.
A.
"Consumer fireworks" includes:
(1)
Some small devices designed to produce audible effects, such
as firecrackers, whistling devices, and ground devices containing
50 milligrams or less of explosive materials.
(2)
Aerial devices such as Roman candles, bottle rockets, and similar
fireworks that contain a maximum of 50 milligrams of explosive material.
B.
The term does not include:
(1)
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.
(2)
Firecrackers that exceed the fifty-milligram limit, including
illegal devices such as "cherry bombs," "M-80s," "silver salutes"
and other large firecrackers.
C.
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.
CONTROLLED SUBSTANCE
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, as amended.
FIRE CHIEF
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.
FIREWORKS LAW
Title 35 P.S., Ch. 13A, Refs & Annos, PA STT. 35 P.S.,
Ch. 13A Fireworks Law, 35 P.S. § 1271 et seq.
INHABITED BUILDING
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 DISPLAY FIREWORKS
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.
POLICE DEPARTMENT
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.
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.
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, as may be amended.
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, the Pennsylvania Crimes Code, or other law having application.
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.