This chapter is enacted pursuant to the power of Borough Council
to establish regulations necessary for the health, safety, general
welfare, comfort and safety of the Borough of Carlisle pursuant to
8 Pa.C.S.A. § 1202(5) and in accordance with Act 43 of 2017.
Borough Council deems it best for the health, general welfare,
cleanliness and safety of the Borough, its residents, visitors and
property, to adopt an ordinance prohibiting the use of fireworks on
all property of the Borough of Carlisle. Borough Council finds that
the use of fireworks as permitted by Act 43 of 2017 creates a danger
to the health and safety of persons, exposes property to potential
damage and fire, and creates waste and litter.
Except as provided in §
132-5 below, no person shall ignite or discharge, and no permission is granted by Borough Council to ignite or discharge, consumer fireworks or display fireworks on any public streets, avenues or alleys of the Borough of Carlisle, public sidewalks of the Borough of Carlisle and on or from any Borough park, recreational facilities, trail or public buildings or other property of the Borough of Carlisle.
Nothing in this chapter shall be construed to prevent Borough
Council from approving the use of display fireworks by a properly
licensed person on any public property of the Borough of Carlisle.
A person using consumer fireworks in violation of the provisions
of this chapter commits a summary offense and, upon conviction, shall
be punished by a fine of not more than $100. A person using display
fireworks in violation of the provisions of this chapter commits a
summary offense and, upon conviction, shall be punished by a fine
of not more than $100. Enforcement of this section shall be by a police
officer of the Police Department of the Borough of Carlisle, but such
enforcement shall not prohibit the Borough of Carlisle from pursuing
any other remedies available to it in the event of a violation of
this chapter, which remedies shall be cumulative.