[HISTORY: Adopted by the Township Council of the Township
of Upper Darby 7-21-2021 by Ord. No. 3100. Amendments noted where
applicable.]
To regulate the possession and use of fireworks in accordance
with Pennsylvania law and the health, safety, and welfare of Township
residents.
As used in this chapter, the following terms shall have the
meanings indicated:
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition, or any subsequent edition.
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) or any successor regulation
and complies with the provisions for "consumer fireworks" as defined
in APA 87-1 or any successor standard, the sale, possession and use
of which shall be permitted throughout this Commonwealth.
The term does not include devices as "ground and hand-held sparkling
devices," "novelties" or "toy caps" in APA 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:
Salutes that contain more than two grains or 130 milligrams
of explosive materials;
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
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).
The National Fire Protection Association Standard 1124, Code
for the Manufacture, Transportation, and Storage of Fireworks and
Pyrotechnic Articles, 2006 edition, or any subsequent edition.
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business whether or not a person is actually
present.
A consumer fireworks building, trailer, semitrailer, metal
shipping container or magazine meeting the specifications of NFPA
1124.
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 article.
A.
Conditions. A person who is at least 18 years of age and meets the requirements of this chapter may purchase, possess and use consumer fireworks, subject to the prohibitions set forth in Subsection B below.
B.
Prohibitions. A person may not intentionally ignite or discharge:
(1)
Consumer fireworks on Township streets, sidewalks, parks, or other
Township-owned property.
(2)
Consumer fireworks on private property without the express permission
of the owner.
(3)
Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building.
(4)
Consumer fireworks or sparkling devices into or at a motor vehicle
or building or at another person.
(5)
Consumer fireworks or sparkling devices while the person is under
the influence of alcohol, a controlled substance or another drug.
(6)
Consumer fireworks within 150 feet of an occupied structure.
C.
Time restriction. No consumer fireworks shall be ignited or discharged
two hours or later after sunset, as determined by the National Weather
Service.
D.
Sale and storage of consumer fireworks. The sale and storage of consumer
fireworks is licensed and regulated by the Pennsylvania Department
of Agriculture. Any person who intends to sell or store consumer fireworks
within the Township shall provide proof of such licensure prior to
such use being conducted within the Township, in addition to compliance
with all other applicable Township ordinances and regulations.
A.
No display fireworks shall be ignited within 300 feet of a facility
licensed by the Department of Agriculture to sell consumer fireworks,
pursuant to the Fireworks Law.
B.
Permits. The Township Council or its designee shall issue a permit
to a person 21 years of age or older, for the possession and use of
display fireworks subject to the following requirements.
(1)
The permit shall cover an approved display, or any of the following
uses:
(a)
For agricultural purposes in connection with the raising of
crops and the protection of crops from bird and animal damage.
(b)
By railroads or other transportation agencies for signal purposes
or illumination.
(c)
In quarrying or for blasting or other industrial use.
(d)
In the sale or use of blank cartridges for a show or theater.
(e)
For signal or ceremonial purposes in athletics or sports.
(f)
By military organizations or organizations composed of veterans
of the armed forces of the United States.
(2)
Permit applications. Applications for permits shall be made in writing
at least 30 days in advance of the planned date of the use of display
fireworks together with the permit fee. Permit fees shall be as established
by resolution of the Township Council.
(3)
Conditions. Each display shall be:
(4)
License requirements. Any business entity, which performs, provides
or supervises display fireworks for profit shall provide proof of
registration with the Pennsylvania Attorney General to the Township
as part of the permitting process.
(5)
After permission is granted under this section, possession and use
of display fireworks shall be lawful for that purpose only.
(6)
The permit shall be transferable.
C.
Bond. The Township shall require a bond deemed adequate by it from
the permittee in a sum not less than $50,000 conditioned for the payment
of all damages which may be caused to a person or property by reason
of the display and arising from an act of the permittee or an agent,
an employee or a subcontractor of the permittee.
D.
Requests for an extension.
(1)
Authorization. If, because of unfavorable weather, the display for
which a permit has been granted does not occur at the time authorized
by the permit, the person to whom the permit was issued may within
24 hours apply for a request for extension to the Township.
(2)
Contents of request. The request for extension shall state under
oath that the display was not made, provide the reason that the display
was not made and request a continuance of the permit for a date designated
within the request, which shall be not later than one week after the
date originally designated in the permit.
(3)
Determination. Upon receiving the request for extension, the Township,
if it believes that the facts stated within the request are true,
shall extend the provisions of the permit to the date designated within
the request, which shall be not later than one week after the date
originally designated in the permit.
(4)
Conditions. The extension of time shall be granted without the payment
of an additional fee and without requiring a bond other than the bond
given for the original permit, the provisions of which shall extend
to and cover all damages which may be caused by reason of the display
occurring at the extended date and in the same manner and to the same
extent as if the display had occurred at the date originally designated
in the permit.
A.
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, plus the costs of prosecution
and actual attorney's fees.
B.
A person selling consumer fireworks in violation of the provisions
of this chapter commits a misdemeanor of the second degree.
C.
The Upper Darby Police Department, Pennsylvania State Police, or
Sheriff's deputy shall take, remove or cause to be removed at the
expense of the owner all stocks of consumer fireworks or display fireworks
or combustibles offered or exposed for sale, stored or held in violation
of this chapter. The owner shall also be responsible for the storage
and, if deemed necessary, the destruction of these fireworks.
D.
A person selling display fireworks in violation of the provisions
of this act commits a felony of the third degree.
E.
A person 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 act commits a felony of the third degree.
