The following terms shall have the meanings ascribed unless
a contrary meaning is expressly set forth in the text:
FIREWORKS
Any composition or device for the purpose of producing a
visible or an audible effect for entertainment purposes by combustion,
deflagration or detonation that meets the definition of "consumer
fireworks" or "display fireworks" as set forth herein.
A.
(1)
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 American Pyrotechnics Association Standard APA 87-1 or any successor
standard, the sale, possession and use of which shall be permitted
throughout the Borough.
(2)
The term does not include such devices as "ground and hand-held
sparkling devices," "novelties," or "toy caps" in defined APA 87-1
or any successor standard, the sale, possession and use of which shall
be permitted at all times throughout the Borough.
B.
DISPLAY FIREWORKSLarge 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:
(1)
Salutes that contain more than two grains or 103 milligrams
of explosive materials;
(2)
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
(3)
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 CRF 172.101 (relating to purpose
and use of hazardous materials table).
It shall be unlawful for any person, persons, firms or corporations,
amusement parks, fair associations or other organizations or groups
of individuals to have or utilize display fireworks within the limits
of the Borough of Royersford ("Borough") unless a permit therefor
is first obtained by Borough Council, as hereinafter provided.
Borough Council shall require a bond, deemed adequate by it,
given by the permittee in an amount deemed appropriate by Borough
Council, but not in a sum less than $250,000 for display fireworks,
conditioned for the payment of all damages caused by any person or
persons and to any property by reason of the licensed display and
arising from any acts of the licensee, his or its agents, employees
or subcontractors, which bond shall be filed with the Borough Manager
before any permit for display fireworks is delivered.
If by reason of unfavorable weather the display for which a
display fireworks permit has been granted does not take place at the
time so authorized, the permittee may, within seven days, apply to
the Borough Manager, setting forth under oath the fact that such display
was not made, giving the reason therefor, and requesting a continuance
of such display fireworks permit for a day designated therein, not
later than one week after the day fixed originally in said permit.
Unfired fireworks and trash remaining after the conclusion of
the use of display fireworks for which the permit was issued shall
be immediately disposed of by the permittee in an approved, safe manner.
The invalidity of any section or provision of this article shall
not invalidate other sections or provisions thereof.
The remaining provisions of the Borough Code in force immediately
before the enactment of this article are intended to be continued
and, to the extent not inconsistent herewith, are hereby reenacted
and reordained; and provisions inconsistent with this article are
hereby repealed as referenced.
This article shall be effective in accordance with the applicable
law.