[Ord. 8354, passed 11-24-2020]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any combustible or explosive composition or any substance
or combination of substances, intended to produce visible and/or audible
effects by combustion and which is suitable for use by the public
that complies with the construction, performance, composition and
labeling requirements promulgated by the Consumer Products Safety
Commission in 16 CFR or any successor regulation and which complies
with the provisions for "consumer fireworks," as defined in the American
Pyrotechnics Association (APA) Standard 87-1, or any successor standard.
The term does not include devices such as "ground and hand-held sparkling
devices," "novelties" and "toy caps" in APA Standard 87-1 or any successor
standard, the sale, possession and use of which shall be permitted
at all times throughout this Commonwealth.
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).
Includes a natural person, corporation, partnership, limited
liability company, business trust, other association, estate, trust,
foundation and any other legal entity or business.
[Ord. 8354, passed 11-24-2020]
It shall be unlawful for any person to have or hold public displays
of consumer fireworks and/or display fireworks within the limits of
the City of New Castle, without first obtaining a fireworks permit
issued by the Fire Chief. Nothing in this article shall be construed
to require a permit for the ignition, discharge or firing of consumer
fireworks by a person for private use. It shall also be unlawful for
any person to sell, possess, ignite, discharge or fire fireworks of
any character within the City of New Castle except as provided for
in this article.
[Ord. 8354, passed 11-24-2020]
Prior to the issuance of a fireworks permit that may be issued
pursuant to this article, the applicant must apply to the building
code official for a permit required by the Uniform Construction Code
(UCC). If the building code official advises in writing that no UCC
is required, the application shall be processed in accordance with
this article. If a permit is required, the applicant must present
the valid UCC permit before a fireworks permit may be issued under
this article. Obtaining a valid UCC permit waives the site inspection
requirements in Section IV of this article.
[Ord. 8354, passed 11-24-2020]
Every fireworks display within the limits of the City of New
Castle, shall be operated by a competent person, and the display shall
be of such character and so located, ignited, discharged or fired,
and shall not be hazardous to property or endanger any person. Prior
to issuance of any permit pursuant to this ordinance, the proposed
site of said fireworks display must be inspected and approved by the
City of New Castle Police Chief, Fire Chief and Public Works Director.
[Ord. 8354, passed 11-24-2020]
A request for permits shall be in writing and presented to the
Fire Chief at least 45 days in advance of the date of the fireworks
display. The written request must, at a minimum, set forth the following:
(a)
Proposed location of the display.
(b)
Character of the location.
(c)
Name and address of the operator.
(d)
Name and address of the owners of the property on which the display
is to be held.
(e)
Written consent of the owners of the property on which the display
is to be held.
(f)
Date(s) on which the display will be held.
(g)
Time and duration on each day the display will be held.
(h)
A fee of $50.
(i)
Proof of the bond required pursuant to Section VII of this article.
[Ord. 8354, passed 11-24-2020]
After a permit has been issued, the possession, sale, use, distribution,
ignition, fire, or discharge of consumer fireworks and display fireworks
for such display shall be lawful for that purpose only. No permit
shall be transferable.
[Ord. 8354, passed 11-24-2020]
A bond in an amount not less than $1,000,000 for the payment
of damages caused to any persons and to any property by reason of
the licensed display and arising from any acts of the licensee, or
licensee's agents, employees or subcontractors. The bond shall
be filed with the Solicitor's Office before any permit for a
supervised public display is delivered.
[Ord. 8354, passed 11-24-2020]
If by reason of unfavorable weather the display for which a
permit has been issued does not occur at the time authorized by the
permit, the person to whom such permit was issued may apply to the
Fire Chief within 24 hours of the time the display was scheduled to
commence, setting forth under oath the fact that such display was
not made, the reason, and request for a continuance of such permit
for a specifically designated day, no later than one week after the
day fixed originally in said permit. Upon receiving such application
for a continuance the Fire Chief, if he/she believe the facts stated
therein are true, shall extend the provisions of the permit to the
day fixed in the application, no later than one week after the original
day designated in the permit. Such extension of time shall be granted
without the payment of any additional fee and without requiring any
bond other than the bond given for the original permit, provided that
said bond covers the new date of the display. The provisions of the
original bond shall extend to and cover all damages which may be caused
by reason of said display taking place at such extended date in the
same manner and to the same extent as if such display had taken place
at the date originally fixed in the permit.
[Ord. 8354, passed 11-24-2020]
(a)
A person who is at least 18 years of age and meets the requirements
of this section may purchase, possess, and ignite, discharge or fire
consumer fireworks.
(b)
A person under 18 years of age may intentionally ignite, discharge
or fire consumer fireworks only when under the direct supervision
of a parent, guardian, or responsible adult acting in loco parentis.
(c)
Except as may be permitted by a permit issued pursuant to this article,
a person shall not intentionally ignite, discharge or fire:
(1)
Consumer fireworks on public or private property without the
express written permission of the owner of such property.
(2)
Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building.
(3)
Consumer fireworks or sparkling devices into or at a motor vehicle,
building, or person.
(4)
Consumer fireworks or sparkling devices while the person is
under the influence of alcohol, a controlled substance, or another
drug.
(5)
Consumer fireworks within 150 feet of a building or vehicle.
(6)
Consumer fireworks, except on the following dates and times:
A.
Beginning at 12:00 p.m. on the Friday before July 4 through
the weekend after July 4 of each year between the hours of 12:00 p.m.
and 9:00 p.m. For purposes of clarification, the weekend starts on
Friday and concludes the following Sunday and shall never exceed 10
days.
B.
July 4 of each year between the hours of 12:00 p.m. and 11:59
p.m.
C.
Each year between the hours of 12:00 p.m. on December 31 and
12:30 a.m. on January 1.
(7)
Consumer fireworks from any property for more than one hour,
measured on a cumulative basis, in any given twenty-four-hour period.
(8)
Except as set forth in Paragraph F of this section, consumer
firework between the hours of 9:00 p.m. and 12:00 p.m.
(9)
Consumer fireworks from, in or on any property owned and/or
operated by the City of New Castle, including, but in no way limited
to City parks, building, structures, public roadways and rights-of-ways,
unless authorized by permit.
[Ord. 8354, passed 11-24-2020]
Any person that violates the provisions of this article shall
be guilty of a summary offense and, upon conviction thereof, shall
be punished as follows:
(a)
First violation - by a fine not less than $50 and not more than $100
recoverable with costs;
(b)
Second violation - by a fine not less than $100 and not more than
$300 recoverable with costs; and
(c)
Third and each subsequent violation - by a fine of not less than
$500 and not more than $1,000 recoverable with costs, or with imprisonment
for not more than 30 days or both a fine and imprisonment.
