[HISTORY: Adopted by the Borough of Hanover 10-26-2022 by Ord. No.
2331. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated. The terms used in this chapter shall have the
meaning set forth in 3 Pa.C.S.A. § 1101, as amended.
Includes a corporation, partnership, limited-liability company,
trust, association (whether incorporated or unincorporated), estate,
foundation, or natural person.
The Borough Council of the Borough of Hanover has determined
that the use of consumer fireworks within the Borough cannot comply
with the prohibition of use of consumer fireworks within 150 feet
of a building or vehicle, whether or not the building or vehicle is
owned by the user of the consumer fireworks [See 3 Pa.C.S.A. § 1104(b)(5)].
Therefore, the use of consumer fireworks within the Borough of Hanover
is prohibited.
A.
Use of display fireworks within the Borough is prohibited unless
a permit is first granted by the Borough in accordance with this chapter.
B.
Permit applications for use of display fireworks (regardless of purpose
i.e., entertainment, civic, or agricultural) shall be on a form established
by the Borough and shall include, but not be limited to, the following
criteria and requirements:
(1)
The permit application form shall be submitted not less than 45 days
of the desired use of the display fireworks;
(2)
The permit shall identify the requested date, time, and duration
of the proposed use of display fireworks and may identify a potential
"rain date" in the event that weather conditions prevent the use of
display fireworks on the requested date;
(3)
The applicant shall remit the display fireworks permit application
fee set by resolution of the Borough from time to time;
(4)
The applicant shall, as a condition precedent to the issuance of
a permit, provide the Borough with proof of general commercial liability
insurance in an amount not less than $1,000,000 on a form acceptable
to the Borough Solicitor and the Borough shall be listed as an additional
insured on such policy;
(5)
The permit shall include the signature of the owner of the real property
where the display fireworks are to be used;
(6)
The person conducting the display of display fireworks shall operate
under a federal professional fireworks license as administered by
the Bureau of Alcohol, Tobacco, Firearms, and Explosives. A copy of
the license shall be included with the application; and
(7)
The applicant shall attest, under penalty of perjury, that the use
of display fireworks shall confirm to the use requirements set forth
in 3 Pa.C.S.A. § 1102, as amended.
C.
Applications for the use of display fireworks shall not be issued
until such time as the applicant provides proof to the Borough that
the Borough's Fire Chief, or his designee, has approved the proposed
use of display fireworks. The applicant shall be required to provide
the Fire Chief or his designee with any information necessary for
such review and the applicant shall be required to remit any fee required
by said Fire Chief or his designee. The applicant shall comply with
any conditions for use of display fireworks imposed by the Fire Chief
or his designee.
D.
The use of display fireworks is only permitted between the hours
of 10:00 a.m. and 11:00 p.m.
E.
Use of display fireworks shall comply with NFPA 1123, Code for Fireworks
Display, 2022 Edition.
A.
This chapter may be enforced by the Police Department of the Borough
of Hanover.
B.
Any person using consumer fireworks or display fireworks in violation
of this chapter shall be guilty of a summary offense, and upon conviction
thereof, shall be sentenced to pay a $500 fine in addition to any
other penalty authorized by law. Any person who commits a subsequent
offense within three years of a prior conviction shall commit a summary
offense, and upon conviction, shall be sentenced to pay a $1,000 fine
in addition to any other penalty authorized by law.
