In the interest of maintaining public health, safety and general welfare and the comfort and repose of Township residents, the Township hereby provides for the regulation of firework displays in the Township.
[HISTORY: Adopted by the Board of Supervisors of the Township of North Middleton 11-18-2021 by Ord. No. 2021-02.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 109, Fireworks, adopted 11-1-2007 by Ord. No. 2007-3, as amended.
The provisions of the chapter shall be held to be minimum requirements to meet the above stated purposes. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this chapter shall prevail. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than those of this chapter, the provisions of such statute, ordinance, or regulation shall prevail.
This chapter may be cited as the "North Middleton Township Fireworks Ordinance."
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural.
Shall include:
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 Title 16 CFR (relating to commercial practices) or any successor regulation and complies with the provisions for "consumer fireworks" as defined in APA Standard 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 handheld sparkling devices," "novelties" or "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.
Shall include large, commercial-grade fireworks to be used solely by professional certified 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 grams 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 UNO333, UNO334 or UNO335 under 49 CFR 172.101 (relating to purpose and use of hazardous materials table).
Shall include any natural person, firm, partnership, trust, association, corporation, limited-liability company, company, or any other organization of any kind.
A.
Subject to the provision of this chapter and state and federal law, a person may ignite, discharge or use consumer fireworks within the Township, or allow the ignition, discharge or use of consumer fireworks within the Township, as follows:
(1)
From 8:00 p.m. on December 31 until 1:00 a.m. on January 1.
(2)
From 8:00 a.m. on the last Monday in May (Memorial Day) until 11:00 p.m. that same day.
(3)
From 8:00 a.m. on July 4 until 1:00 a.m. on July 5.
(4)
From 8:00 a.m. on the first Monday in September (Labor Day) until 11:00 p.m. that same day.
(5)
In the event of unfavorable weather conditions on the above dates, the use of consumer fireworks is permissible on the following day during the same allotted time periods.
B.
No person shall ignite, discharge or use consumer fireworks on public property, public or private school property, or the property of another person without the express written permission of the property owner. No person shall ignite, discharge, or use consumer fireworks on Township property.
C.
No person shall recklessly endanger the life, health, safety or well-being of any person or property by the ignition, discharge or use of consumer fireworks.
D.
No person shall discharge consumer fireworks within 150 feet of an occupied structure.
E.
No person shall use consumer fireworks while under the influence of alcoholic, intoxicating liquor, a controlled substance, or combination thereof.
F.
No person shall sell consumer fireworks to a person under the age of 18 years.
G.
No person under the age of 18 years shall buy, be in the possession of, or use consumer fireworks.
It shall be unlawful to possess or use display fireworks within the Township without first obtaining a permit from the Township to do so. The Township Code Enforcement Officer is authorized to promulgate regulations regarding the application and issuance of permits consistent with the provisions hereof.
A.
The application for the display fireworks permit must be received by the Township at least 60 days prior to the proposed display. Permits shall be issued by the Township Code Enforcement Officer, or his or her designee, upon application therefor setting forth the identity of the professional certified pyrotechnician overseeing the display, proof of general liability insurance referred to in § 109-10 below, bonding as required in § 109-9, and the proposed time and place of the display. A display fireworks permit will not be issued to a person under 21 years of age.
B.
Once a permit is issued by the Township Code Enforcement Officer for the display fireworks event to be held within the Township, the following conditions shall apply.
(1)
Each display shall be:
(a)
At the time of the display, overseen by a professional certified pyrotechnician; and
(b)
Of a character and so located, discharged, or fired as, in the opinion of a certified pyrotechnics inspector or other appropriate officer as may be designated by the Township, after proper inspection, not to be hazardous to property or endanger any person.
C.
Permit cost. No permit shall be granted until a fee is remitted in accordance with the North Middleton Township fee schedule established by resolution from time to time. The permit fee shall include but not be limited to, the cost of inspection set forth below.
The Board of Supervisors of North Middleton Township, its authorized agents and representatives, and the representatives of the state, county and Township departments having responsibility for approval or enforcement under this chapter shall be granted access to the location of the display fireworks at all times for the purpose of having an independent professional certified pyrotechnician inspect the display fireworks and proposed display. In the event that the display does not pass inspection by a certified pyrotechnics inspector, North Middleton Township Police Department shall be notified by the inspector of the failed inspection. In addition to the penalties outlined in § 109-11 below, if inspection discloses that the terms and conditions imposed by this chapter are not being followed during the event, the North Middleton Township Code Enforcement Officer may, based upon the severity of the unsanitary, hazardous or other condition, suspend or revoke the permit. Revocation of a permit is sufficient grounds for the Board of Supervisors to deny future applications for permits.
At the time of application to the Township Code Enforcement Officer, or his or her designee, the applicant shall submit with their application for a display fireworks permit a cash deposit or a corporate bond of indemnity in a sum of not less than $50,000 to protect Township streets, pavements, bridges, road signs and all other Township property from any and all damage that might be caused by display fireworks.
The applicant shall provide proof of general liability insurance to cover the entire display fireworks event, in a form satisfactory to the Township, naming the North Middleton Township as an additional insured, which insurance shall be noncancelable, except upon 30 days' prior written notice to the Township. All policies shall be on an occurrence basis.
Insurance Type | Individual Occurrence | Aggregate |
|---|---|---|
Bodily injury, including death | $1,000,000 | $2,000,000 |
Property damage | $100,000 | $250,000 |
Any person, firm, or corporation who shall violate any provision of this chapter, upon conviction thereof, shall be sentenced to a fine $500 per offense, plus costs, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each separate act that constitutes a violation of this chapter shall constitute a separate violation.