[Ord. No. 922, 2/10/2021]
As used in this Part, the following terms shall have the meanings
indicated:
Any type of consumer or display fireworks which cause a projectile,
flame, burst, spark, or any other object to propel more than 20 feet
into the air.
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 term does not include devices
as "ground and handheld sparkling devices," "novelties" or "toy caps"
in APA 87-1 or any successor standard.
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).
[Ord. No. 922, 2/10/2021]
1.
The use of consumer fireworks within the Borough of Mohnton is regulated
as follows:
A.
Conditions. A person who is at least 18 years of age and meets the
requirements of this Part may purchase, possess and use consumer fireworks.
B.
Prohibitions. A person may not intentionally ignite or discharge:
(1)
Any fireworks, including consumer fireworks and display fireworks,
on any Borough property, including, but not limited to, the streets
and sidewalks of the Borough and real property owned by the Borough
for public parks, utility purposes, and/or for public buildings.
(2)
Consumer fireworks on private property without the express permission
of the owner.
(3)
All aerial fireworks to include, but not be limited to, aerial
mortar shells, mortar cakes, bottle rockets, roman candles is strictly
prohibited, regardless of the distance from the structure.
(4)
Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building.
(5)
Consumer fireworks or sparkling devices into or at a motor vehicle
or building or at another person.
(6)
Consumer fireworks or sparkling devices while the person is
under the influence of alcohol, a controlled substance, or another
drug.
(7)
Consumer fireworks within 150 feet of an occupied structure.
(8)
Display fireworks; any fireworks that causes sparks or debris
to land on the property of another without their expressed consent.
