[Ord. No. 1094, 9/15/2020]
This Part shall be known and cited as the "Stroudsburg Fireworks
Ordinance."
[Ord. No. 1094, 9/15/2020]
Recognizing the need within the Borough to establish certain
minimum health and safety requirements for the discharge of consumer
fireworks or display fireworks, this Part hereby establishes standards
which the Borough Council considers to be fair and effective in meeting
those minimum requirements.
[Ord. No. 1094, 9/15/2020;
as amended by Ord. No. 1133, 10/18/2022]
The Pennsylvania Borough Code, Title 8, 8 Pa.C.S.A. §§ 101
through 3501, enables Stroudsburg Borough to enact ordinances and
regulations as may be necessary for the health, safety, morals, general
welfare and cleanliness and beauty, convenience, comfort and safety
of the Borough [8 Pa.C.S.A. § 1202(5)], to adopt ordinances
defining disorderly conduct or disturbing the peace within the limits
of the Borough and to provide for the imposition of penalties for
the conduct in amounts as Council shall establish [8 Pa.C.S.A. § 1202(14)]
and to regulate and prohibit, by ordinance, and to grant permits for
supervised public displays of fireworks and adopt rules and regulations
governing said displays [8 Pa.C.S.A. § 1202(17)]. Furthermore,
Act 74 of 2022[1] specifically authorizes municipalities to prohibit the
use of consumer fireworks if the use of consumer fireworks within
the municipality cannot be accomplished more than 150 feet from a
building or vehicle, whether or not the building or vehicle is owned
by the user of the consumer fireworks.
[1]
Editor's Note: See 3 Pa.C.S.A. § 1101 et seq.
[Ord. No. 1094, 9/15/2020;
as amended by Ord. No. 1133, 10/18/2022]
1.
APA 87-1
CONSUMER FIREWORKS
A.
B.
DISPLAY FIREWORKS
FIREWORKS DISPLAY PERMIT
The following words and phrases when used in this chapter shall have
the meanings given to them in this section unless the context clearly
indicates otherwise:
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition.
The term includes 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, the sale, possession and use of which shall
be permitted throughout this commonwealth.
The term does not include devices such as ground and hand-held
sparkling devices, novelties or toy caps in APA 87-1, the sale, possession
and use of which shall be permitted at all times throughout this commonwealth.
As defined in 27 CFR 555.11 (relating to meaning of terms).
A permit issued by the Stroudsburg Borough Zoning Officer
authorizing a display of consumer fireworks or display fireworks within
Stroudsburg Borough.
[Ord. No. 1094, 9/15/2020]
The provisions of this Part shall supplement the rules, regulations
and laws of the Commonwealth of Pennsylvania. Where a provision of
this Part is found to be in conflict with any provision of the rules,
regulations and laws of the Commonwealth of Pennsylvania, the rules,
regulations and laws of the Commonwealth of Pennsylvania shall prevail
unless the provision of this Part is more stringent and not preempted,
then this Part prevails.
[Ord. No. 1094, 9/15/2020]
1.
The discharge of display fireworks within Stroudsburg Borough is
prohibited except as provided below:
A.
Permit Required. It shall be unlawful for any person, amusement parks,
fair associations, or any other organizations or group of individuals,
to have or to hold public displays of display fireworks within the
limits of Borough of Stroudsburg Borough, unless a fireworks display
permit is first granted by the Zoning Officer.
B.
Application for Permit. Applications for fireworks display permits
must be submitted to the Zoning Officer at least 20 days in advance
of the proposed display. Permit applications shall contain at a minimum
the following:
(1)
Adequate documentation demonstrating that the applicant is a
legal entity or, if an individual, is at least 21 years of age;
(2)
Name, address, telephone number, and fax number (if applicable)
of the applicant and, if the applicant is an organization, the name,
address, telephone number and fax number (if applicable) of the contact
person for the organization;
(3)
Name, address, telephone number and qualifications of the individual
or organization who will be the operator responsible for the display;
(4)
Proposed site and date and time of the fireworks display;
(5)
Number and kinds of display fireworks to be discharged;
(6)
The manner and place of storage of such fireworks prior to display;
(7)
Site plan depicting all structures, structures occupied, overhead
transmission lines, streets, parking areas, and areas where spectators
for the display will be gathered. The site plan should also contain
a symbol defining north and a sketch of the general area where the
fireworks will be set off, the area they will be directed, and all
means of ingress and egress for emergency vehicles;
(8)
The application shall contain an agreement by the applicant/permittee
to indemnify and hold harmless Stroudsburg Borough, its Borough Council
in both their individual and official capacities, its officers, agents,
and/or employees from any and all liability arising from the fireworks
display for which the requested fireworks display permit is issued.
By accepting an issued fireworks display permit, the permittee acknowledges
that this obligation to indemnify and hold harmless is incorporated
by reference into any fireworks display permit issued, supported by
the required insurance and bond.
(9)
A certificate of insurance, effective the day of the fireworks
display, with the following limits:
(a)
Commercial general liability (CGL) insurance ISO coverage Form
CG 00 01 covering on an "occurrence" basis, including products and
completed operations, property damage, bodily injury and personal
and advertising injury with minimum limits of $1,000,000 per occurrence.
If a general aggregate limit applies, either the general aggregate
limit shall apply separately to the project/location or the general
aggregate shall be twice the occurrence limit. The insurance shall
cover or be endorsed to cover liability arising from the proposed
event, and the liability assumed by the permit applicant pursuant
to this agreement utilizing ISO endorsements CG 20 10 and CG 20 37
or their equivalents. The policy shall include Stroudsburg Borough,
its officers, its employees, and its volunteers, as additional insureds,
with primary coverage as respects the same, and shall contain a severability
of interests provision. The coverage shall be primary and noncontributory.
(b)
Auto liability covering any auto with a combined single limit
of not less than $1,000,000.
(c)
Statutory workers' compensation as required by the Commonwealth
of Pennsylvania. A certificate of insurance with endorsement WC 00
0313 shall be completed by the applicant's insurance agent(s) as evidence
that policies providing the required coverages, conditions, and minimum
limits are in full force and effect shall be furnished to the Borough
at least 30 days prior to the event described in the permit application,
and shall be subject to review and approval by the Borough. The certificate
shall provide that the coverages afforded under the policies shall
not be canceled, terminated, or materially changed until at least
15 days' prior written notice has been given to the Borough.
(10)
A bond in favor of the Borough, in the amount of $50,000, conditioned
for the payment of all damages which may be caused either to a person
or persons, or to property by reason of the display and arising from
the acts of the permittee, his/her/its agents, employees or subcontractors.
The bond shall be in form and substance acceptable to the Borough
Solicitor.
C.
Review and Approval of the Application.
(1)
The Borough Council shall designate a representative (designee)
to perform proper inspection and oversight of the fireworks display
site. The designee will:
(a)
Conduct a site inspection of the proposed site to determine
whether or not, in the opinion of the designee, the proposed character
and location of the fireworks display constitutes a fire hazard to
any property in the immediate area of the display, or will endanger
any person or persons; and
(b)
Designate the area where the display fireworks display will
originate from, and fireworks shall be detonated and displayed from
that area only; and
(c)
Notify the applicant and Stroudsburg Borough prior to the display
as to whether the presence of firefighters and firefighting equipment
will be required at the display.
(2)
After a complete application has been received, the Zoning Officer
shall forward a copy of the site plan to the designee with a request
for a site inspection.
(3)
The approval of the proposed site for the fireworks display
by the designee shall be required prior to the issuance of a fireworks
display permit by the Zoning Officer.
D.
Permit Issuance.
(1)
The Stroudsburg Borough Zoning Officer will issue fireworks
display permits only after approval of the proposed site for the fireworks
display by the designee. The approved site shall be set forth on the
fireworks display permit.
(2)
A fireworks display permit issued hereunder shall be transferable
contingent on proper bonding and insurance remaining in place.
(3)
After a fireworks display permit is issued, the possession,
use, discharge, and display of display fireworks shall be lawful only
to the extent authorized by the permit.
(4)
Fireworks display permits will be valid only for the date of
the fireworks display set forth therein; provided, however, that if
by reason of unfavorable weather the display for which a fireworks
display permit has been issued does not take place at the time so
authorized, the person to whom such fireworks display permit was issued
may within 24 hours apply to the Zoning Officer who issued the same,
setting forth, subject to penalties of perjury or unsworn falsifications,
the fact that such display was not made, giving the reason therefor,
and requesting a continuance of such fireworks display permit for
a day designated therein, not later than one week after the day originally
fixed in said fireworks display permit. Upon receiving such application
for a continuance, the Zoning Officer, if he/she believes the facts
stated therein are true, may extend the provisions of said fireworks
display permit to the day fixed in said application, not later than
one week after the original day designated in the fireworks display
permit, and such extension of time shall be granted without the payment
of any additional fee and without requiring any bond other than the
one given for the original fireworks display permit, provided the
provisions thereof extend to and cover all damages which may be caused
by reason of the said fireworks display taking place at such extended
date in the same manner and to the same extent as if such fireworks
display had taken place at the date originally fixed in the permit
contingent on proper bonding and insurance remaining in place.
(5)
Notwithstanding the issuance of a fireworks display permit,
the same shall automatically be rendered null and void, and no fireworks
display be permitted, if there is a ban on open burning and/or a declared
drought emergency in effect in the Borough on the date of the proposed
display.
E.
Required Notifications. Any and all holders of fireworks display
permits will be required to telephonically notify the Fire Chief,
or his or her designee, at least 48 hours in advance of the fireworks
display and further telephonically notify the Monroe County Control
Center, (570) 992-9911, or any subsequent landline or preferred telephonic
contact at least two hours in advance of the fireworks display, which
notification shall advise as to when and where the display fireworks
will be displayed. Permit holders shall also telephonically notify
the Monroe County Control Center, (570) 992-9911, at the conclusion
of the fireworks display.
F.
Consumer Fireworks. The use of consumer fireworks is hereby prohibited.
[Amended byOrd. No. 1133, 10/18/2022]
G.
Permissible Use of Signal Devices and Blank Cartridges. Nothing in
this Part shall be construed to prohibit the use of fireworks by railroads
or other transportation agencies for signal purposes or illumination,
or those which are used in quarrying or for blasting or other industrial
uses or for the sale or use of blank cartridges for show or theater
or for signal or ceremonial purposes in athletics or sports or for
use by military organizations or organizations composed of veterans
of the United States Army or Navy.
[Ord. No. 1094, 9/15/2020]
The Chief of Police of the Stroud Area Regional Police Department
and/or police officers of that Department shall seize, take, remove
or cause to be removed, at the expense of the owner, all stocks of
fireworks or combustibles offered or exposed for sale, stored or held
in violation of this Part.
[Ord. No. 1094, 9/15/2020]
This Part shall be enforced by action before a Magisterial District
Judge in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure. Any person who
or which violates or permits a violation of the provisions of this
Part shall, upon conviction in a summary proceeding, pay a fine of
not less than $100 nor more than $1,000 per violation, plus all court
costs and reasonable attorney's fees incurred by the Borough in the
enforcement proceedings, and/or be imprisoned to the extent allowed
by law for the punishment of summary offenses. Each day or a portion
thereof that a violation exists or continues shall constitute a separate
violation. Further, the appropriate officers or agents of the Borough
are hereby authorized to seek equitable relief, including injunction,
to enforce compliance with this Part. All fines, penalties, costs
and reasonable attorney's fees collected for the violation of this
Part shall be paid to the Borough for its general use.
