[HISTORY: Adopted by the Borough Council of the Borough of Chalfont 1-11-2021 by Ord. No. 463. Amendments noted where applicable.]
As of the effective date of this chapter, any use, firing off, igniting or dispensing of any consumer fireworks within the Borough of Chalfont is hereby subject to the following restrictions:
A. 
Permitted days. The use of consumer fireworks within the Borough is restricted to the following holidays: New Year's Eve, New Year's Day, Diwali/Deepavali, Memorial Day, and the Fourth of July.
B. 
Exceptions.
(1) 
Consumer fireworks may be used on days upon which special events are scheduled. "Special events" shall refer to those events that Borough Council deems as giving rise to an exception to the date restrictions as described herein, including, but not limited to, weddings, 50th anniversaries, and milestone birthdays.
(2) 
In order for a Borough resident to use consumer fireworks pursuant to this exception, the resident must request Borough Council to grant the exception at least 30 days prior to the special event. The decision as to whether a resident's request is granted shall be at the sole discretion of Borough Council.
C. 
Permitted times. On days when the use of consumer fireworks is otherwise permitted, said use is limited to the hours of 5:00 p.m. and 10:00 p.m., except that the use of consumer fireworks is allowed each year for a half-hour period beginning at 11:45 p.m. on New Year's Eve (December 31) to 12:15 a.m. on New Year's Day (January 1).
A. 
Authority for issuance of violation. The police officers of the Central Bucks Regional Police Department are hereby authorized to enforce the terms of this chapter and to issue violations hereunder.
B. 
Enforcement.
(1) 
The provisions of this chapter shall be enforced by the police officers of the Central Bucks Regional Police Department.
(2) 
Any first 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 in the amount of $100.
(3) 
Any second 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 in the amount of $500.
(4) 
Any third 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 in the amount of $1,000.
(5) 
The penalties set forth hereinabove are not intended to limit any other penalty or remedy permitted under the Borough Code, the Crimes Code,[1] or other law having application.
[1]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
C. 
Separate offense. Each day a violation continues or is permitted to continue may constitute a separate offense for which a separate fine may be imposed, with total fines not to exceed the maximum amount permitted by law.
D. 
Fines and penalties.
(1) 
Any person who violates this chapter may be issued a citation for each offense as noted above; however, nothing herein limits the police officer's(s') ability to act under any other valid law(s) of the commonwealth having application.
(2) 
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 criminal codes or otherwise.
A. 
All relevant ordinances, regulations, and policies of the Borough of Chalfont, Pennsylvania, not amended shall remain in full force and effect. Any ordinance or part of an ordinance conflicting with the provisions of this chapter shall be subordinate to this chapter to the extent of such conflict, and the language contained in the chapter shall control.
B. 
Further, nothing herein is intended on limiting the public officers' authority under other relevant law, including, but not limited to, the Pennsylvania Fireworks Law, 2017 Bill Text PA H.B. 542.[1]
[1]
Editor’s Note: See 72 P.S. § 9401 et seq.