[HISTORY: Adopted by the Borough Council of the Borough of
Columbia 2-8-2022 by Ord. No. 932-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 118,
Fireworks, adopted 8-13-2018 by Ord. No. 899.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Columbia, Lancaster County, Pennsylvania.
The governing body of the Borough.
The person appointed by Borough Council to enforce this chapter.
Any fireworks meeting the definition of "consumer fireworks"
under Section 2401 of the Tax Reform Code of 1971, 72 P.S. § 9401,
as amended.
Any fireworks meeting the definition of "display fireworks"
under Section 2401 of the Tax Reform Code of 1971, 72 P.S. § 9401,
as amended.
Any individual, partnership, corporation, limited liability
company or other legal entity.
The Borough of Columbia Police Department or any successor
entity providing police protective services within the Borough.
An officer of the police department.
A.
Conditions. A person who is at least 18 years of age and meets the
requirements of this chapter and all applicable laws and regulations
may purchase, possess, and use consumer fireworks. A person or entity
using consumer fireworks pursuant to this chapter also shall comply
with all applicable federal and state laws.
B.
Prohibitions. A person may not intentionally ignite or discharge
consumer fireworks in the following manners and/or locations:
(1)
On public or private property without the express written permission
of the owner;
(2)
Inside a motor vehicle or occupied structure;
(3)
From a motor vehicle or occupied structure;
(4)
Into or at a motor vehicle or occupied structure or at another person;
(5)
While under the influence of alcohol, a controlled substance or another
drug;
(6)
Within 150 feet of an occupied structure;
(7)
Within 150 feet of a structure housing animals;
(8)
Upon any Borough roadway, park, public space, or any other Borough-owned
property, unless specifically authorized in writing in advance by
the Borough;
(9)
Within 150 feet of any flammable gases or liquids, including, but
not limited to, tanks of gasoline, oil, propane, and/or oxygen;
(10)
Within 150 feet of any explosive materials, including, but not
limited to, gunpowder, ammunition, and/or other fireworks, excluding
the consumer firework to be ignited or discharged and the source of
the ignition/discharge;
(11)
Within 150 feet of any aboveground electrical lines or utility
poles; and/or
(12)
In a manner such that the sparks or any portion of the fireworks
may land upon the property of another person without that property
owner's express written permission.
C.
Suspension. The Borough has the discretion to suspend all use of
consumer fireworks if the Borough deems such a suspension to be in
the best interests of the Borough or its residents, including, but
not limited to, circumstances of adverse or unfavorable weather conditions,
such as high winds or a drought.
A.
Except as provided hereinafter, it shall be unlawful for any person
to use or explode any display fireworks.
B.
The ignition of display fireworks shall be conducted by a competent
operator, currently registered with the Attorney General of Pennsylvania,
approved by Borough Council, or its designee, and shall be of such
a character and so located, discharged or fired as in the opinion
of the Code Enforcement Officer, after proper inspection, shall not
be hazardous to property or endanger any person.
C.
The Code Enforcement Officer may suspend any permit issued under
this chapter due to drought, dry conditions, high winds, or any other
factor reasonably related to the public safety. The Code Enforcement
Officer may, at his discretion, dispatch fire company members and/or
equipment to the scene of any permitted display. Where any such deployment
occurs, the permittee will be subject to a fee, which may be amended
from time to time by resolution of Borough Council.
D.
Applications for permits shall be made in writing on a form provided
by the Borough, at least 30 days in advance of the date of a fireworks
display. After such permit shall have been granted, possession, use
and distribution of display fireworks for such display shall be lawful
for that purpose only.
E.
An application shall be accompanied by the applicable permit fee,
which may be amended from time to time by resolution of the Borough
Council.
F.
A permit granted hereunder may be transferable, subject to approval by the Code Enforcement Officer and evidence of registration and delivery of a bond in accordance with § 118-4 of this chapter.
G.
No permit shall be issued to a person under 21 years of age.
H.
All display fireworks shall be finished by 11:00 p.m. on Fridays
and Saturdays and by 10:00 p.m. Sundays through Thursdays.
I.
No more than three permits per calendar year may be issued for fireworks
displays to the same permittee.
J.
No more than three permits per calendar year may be issued for fireworks
displays on a single property.
Prior to the issuance of any permit under § 118-3 hereof, the applicant shall deliver to the Borough evidence of the operator's registration with the Attorney General of Pennsylvania, and a bond, which shall be in the amount of $1,000,000, conditioned for payment of all damages which may be caused either to persons or to property by reason of the display and arising from any acts of the permit holder, his agents, employees or subcontractors.
A.
The use of 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, unless a permit is obtained in accordance
with this chapter, is prohibited.
A.
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 Code Enforcement
Officer.
B.
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.
C.
Determination. Upon receiving the request for extension, the Code
Enforcement Officer, if he 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.
D.
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.
This chapter may be enforced by the Code Enforcement Officer or any
police officer.
B.
Penalties for violation.
(1)
In addition to the penalties set forth under Section 2414 of the
Fireworks Law, 72 P.S. § 9414, any person using display
fireworks in violation of the provisions of this chapter commits a
summary offense and, upon conviction, shall be punished by a fine
of not less than $100 and not more $1,000 plus all costs of prosecution,
including attorney's fees. Each day that a violation continues
and each section of this chapter which is violated shall be deemed
a separate offense.
(2)
In addition to the enforcement processes and penalties provided herein,
the discharge of consumer fireworks, as defined in Pennsylvania Act
43 of 2017, in violation of Pennsylvania Act 43 of 2017 or the Columbia
Borough Code, is a threat to public health, safety and welfare, and
is declared and deemed a nuisance. A person or owner shall not cause,
conduct, permit, tolerate, or otherwise allow the discharge of consumer
fireworks in violation of Pennsylvania Act 43 of 2017 or the Columbia
Borough Code on property that they own, possess or exercise control
over.
(a)
Such nuisance may be summarily abated at the violator's
expense and/or an action to abate, enjoin or otherwise compel the
cessation of such nuisance may be taken, with all costs thereof, including
attorney's fees of the authorized enforcement agency, to be borne
by the violator.
(b)
Any person that has violated or continues to violate this Subsection B(2) shall be subject to a penalty of $150 for the first violation, $250 for the second violation, and $350 for each subsequent violation during a single calendar year. Each day's continuance of a violation of a provision of this Subsection B(2) shall constitute a separate offense.
(c)
Notwithstanding any requirement to serve a notice of violation, the Code Enforcement Officer may commence a summary proceeding by issuing or filing a citation without prior issuance of a notice of a violation when the Code Enforcement Officer personally observes violations of this chapter or § 149-4B.
(3)
Any person who shall violate any provision of this chapter or any
provision of the Fireworks Law, 72 P.S. § 9401 et seq.,
shall be barred from obtaining a permit for display fireworks.
