It is the legislative intent and policy of the City of Monessen
to regulate the use and display of fireworks within the City of Monessen
in order to protect the public and advance the purposes of public
safety, including, without limitation, the avoidance of personal injuries
and property damage.
The following words and phrases when used in this chapter shall
have the meanings given to them in this section and shall be defined,
in accordance with the Pennsylvania Tax Reform Code, 72 P.S. § 9401,
as follows, unless the context clearly indicates otherwise. Where
reference is made to another source, standard, regulation, or written
material, such definition shall reference shall refer to such source,
standard, regulation, or written material on the date of enactment
of this chapter.
APA 87-1.
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition.
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) and complies
with the provisions for "consumer fireworks" as defined in APA 87-1,
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, 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).
MUNICIPALITY
The City of Monessen, Westmoreland County, Commonwealth of
Pennsylvania.
NFPA 1124
The National Fire Protection Association Standard 1124, Code
for the Manufacture, Transportation, and Storage of Fireworks and
Pyrotechnic Articles, 2006 edition.
OCCUPIED STRUCTURE
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business whether or not a person is actually
present.
OUTDOOR STORAGE UNIT
A consumer fireworks building, trailer, semitrailer, metal
shipping container or magazine meeting the specifications of NFPA
1124.
TEMPORARY STRUCTURE
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.
No display fireworks shall be ignited within 300 feet of a sales
facility or a temporary structure as defined in 72 P.S. § 9407
or 72 P.S. § 9410.
The City Council appoints and authorizes the City Police Department
and the City Code Enforcement Officer to enforce the provisions of
this chapter.
The following penalties for the illegal use, sale, or storage
of consumer or display fireworks, as defined herein, and the sale
of federally illegal explosives, as described in 49 CFR 173.54, shall
apply:
A. Any person, copartnership, association, or corporation
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 $25 and not more than $100.
B. Any person, copartnership, association, or corporation
selling consumer fireworks in violation of the provisions of the Pennsylvania
Tax Reform Code commits a misdemeanor of the second degree.
C. Any person, copartnership, association, or corporation
selling display fireworks in violation of the provisions of the Pennsylvania
Tax Reform Code commits a felony of the third degree.
D. Any person, copartnership, association, or corporation
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.
The City Council, Code Enforcement Officer, and Police Department,
and their agents, officials, and representatives, shall not under
any circumstances be liable or responsible for damages caused to any
person or property by reason of the use or display of fireworks in
compliance or noncompliance with the terms and provisions hereof.
The person or persons responsible for the use or display of fireworks
shall bear sole liability for any damages caused as a result thereof.
Any ordinance or part of any ordinance that conflicts with the
provisions of this chapter, including, without limitation, Ordinance
7 of 2008, is hereby repealed to the extent of any such conflict on
the effective date of this chapter.
If any provisions, sentence, clause, section, or part of this chapter
or application thereof to any person or circumstance is for any reason
found to be unconstitutional, illegal or invalid by a court of competent
jurisdiction, such unconstitutionality, illegality or invalidity shall
not affect or impair any of the remaining provisions, sentences, clauses,
sections, or parts of this chapter. It is hereby declared as the intent
of the City Council of the City of Monessen that this chapter would
have been adopted had such unconstitutional, illegal or invalid provision,
sentence, clause, section, or part not been included herein.
This chapter shall become effective 10 days after enactment.