[Ord. 2010-08, 9/21/2010]
It is the intent of the Board of Supervisors of Plumstead Township
to protect the health, safety and welfare of the general public through
limiting the use of fireworks. Fireworks by nature contain explosives
which when misused can damage property and endanger human life. This
Part prohibits the use of display fireworks by the general public
but allows for public displays of display fireworks by professional,
competent pyrotechnicians in a safe manner. This Part also prohibits
all fireworks, whether consumer or display fireworks, within 200 feet
of any structure or residential property line or parked vehicles or
roadways and from being used or set off within any closed structure
or any building or tent.
[Ord. 2010-08, 9/21/2010; as amended by Ord. No. 2018-03, 6/26/2018; and by Ord.
No. 2022-03, 12/13/2022]
As used in this Part, the following terms shall have the meanings
indicated:
A roofed structure or facility, or a portion of the facility,
used for occupation by livestock or poultry.
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 Title 16 of the Code of Federal Regulations (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).
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks. The term does not include a self-propelled
wheelchair or an electrical mobility device operated by and designed
for the exclusive use of a person with a mobility-related disability.
[Ord. 2010-08, 9/21/2010]
1.
The use of fireworks, whether consumer fireworks, display fireworks
or other types of fireworks, shall be strictly prohibited at any location
within 150 feet of any structure, property line, vehicle, or roadway
unless prior written permission is received from all property owners
within the 150-foot area and prior approval by the Township.
[Amended by Ord. No. 2022-03, 12/13/2022]
2.
The use of fireworks, whether consumer fireworks, display fireworks
or other types of fireworks, shall be strictly prohibited within any
closed structure or any building or tent.
[Ord. 2010-08, 9/21/2010]
1.
Unlawful to Use or Display Fireworks without a Permit. It shall be
unlawful for any person, persons, firms or corporations, amusement
parks, fair associations or other organizations or groups of individuals
to use and/or hold public displays of display fireworks within the
limits of the Township of Plumstead unless a permit therefor is first
granted by Plumstead Township, as hereinafter provided.
2.
Compliance with State and Federal Statutes and Regulations. The applicant
for a permit to display fireworks within this Township must comply
with and abide by any and all Pennsylvania and federal statutes and
regulations and any and all applicable county or other local regulations
governing the use, storage, and display of fireworks, including but
not limited to the International Fire Code and 72 P.S. § 9401
et seq., as amended.[1] All Pennsylvania, federal, county and other local laws
and regulations are incorporated herein by reference. All regulations
relating to the display of fireworks under the International Fire
Code and/or Uniform Construction Code are also incorporated herein
by reference. In the event of an inconsistency between the aforementioned
Pennsylvania, federal, county and other local laws and regulations
and this Part, the more stringent regulation shall apply. The applicant
must further receive any and all requisite Pennsylvania, federal,
county and/or other local permits and/or licenses relating to the
proposed fireworks display.
[Amended by A.O.]
3.
Competent Operator and Safe Display Location. Every such fireworks
display within the limits of the Township shall be handled, arranged,
managed and directly supervised by a competent operator at least 21
years of age who demonstrates evidence of fireworks handling and safety
training. Every such fireworks use and display within the Township
shall be of such a character and so located, discharged, or fired
as not to be hazardous to property or endanger any person or persons
in the opinion of the Board of Supervisors, or its duly authorized
representative, after proper inspection. No display fireworks shall
be ignited within 300 feet of a facility that meets the requirements
of Section 1107 (relating to permanent sales locations) of Pennsylvania
Act 74 of 2022.[2] The fire chief of the fire company responsible for fire
protection at the place of the event and Fire Code Official, or other
such officer as may be designated by the Township, shall inspect the
site where the fireworks are to be used and displayed prior to the
issuance of a permit in accordance with the International Fire Code
and other applicable regulations and ensure that the site and proposed
fireworks display are compliant with said regulations. No permit for
the use of display fireworks shall be issued until the fire chief
of the fire company responsible for fire protection at the place of
the event, or other such officer as may be designated by the Township,
determines that the requested permit may be granted after inspecting
the location for the requested display is of a character and so located,
discharged or fired, in the opinion of the Chief of the Fire Department
or other appropriate officer as may be designated by the governing
body of the Township, as to not be hazardous to property or endanger
any person.
[Amended by Ord. No. 2018-03, 6/26/2018; and by Ord. No. 2022-03, 12/13/2022]
[2]
Editor's Note: See 3 Pa. C.S.A. § 1107.
4.
Permit.
A.
An application for a permit shall be made in writing to the Township
at least 30 days in advance of the date of the proposed use and display
and shall set forth the proposed date, time and location of the use
and display, the character and duration thereof, the name and address
of the competent operator, and the name and address of the owner or
owners of the grounds on which the use and display is to be held,
together with the written consent of such owner or owners thereto
and a copy of any permit application required by the International
Fire Code. The application for the permit shall also contain copies
of any and all state, federal and/or county permits and/or licenses
needed for the use and display of fireworks. All applicants shall
pay the Township the appropriate reasonable permit fee identified
in the Township's duly enacted fee schedule resolution[3] before the issuance of a permit and shall further provide
proof of liability insurance, acceptable to the Township, and the
required bond to the Township. The Township Board of Supervisors may
attach conditions and/or restrictions on any permit for the use and
display of fireworks as are deemed necessary.
[3]
Editor's Note: The current fee schedule resolution is on file
in the office of the Township Secretary.
B.
If and after such permit is granted by the Township Board of Supervisors
or an authorized designee, the possession, use and display of display
fireworks for the approved display shall be lawful for that purpose,
date, and time only. If by reason of unfavorable weather the fireworks
display for which a permit has been granted does not take place at
the time so authorized, the person to whom such permit was issued
may, the following business day, apply to the Township and set forth
under oath the fact that such use and display was not made, the reason
the use and display did not take place, and a request for a continuance
of such permit for a day designated therein. The continuance date
shall be no later than one week (seven days) after the day fixed originally
in said permit. Upon receiving such application for a continuance,
the Township, if it believes the facts stated therein are true, may
extend the provisions of said permit to the day fixed in said application,
no later than one week (seven days) after the original day designated
in the permit, and such extension of time shall be granted without
the payment of any additional fee and without requiring any insurance
other than the certificate of insurance given for the original permit,
provided that the provisions of the original certificate of insurance
extend to and cover all damages which may be caused by reason of said
use and display taking place at such extended date in the same manner
and to the same extent as if such use and display had taken place
at the date originally fixed in the permit. Permits shall not be transferable
and may only be used for the use outlined in the permit.
[Amended by Ord. No. 2018-03, 6/26/2018; and by Ord. No. 2022-03, 12/13/2022]
C.
No permit for the use and display of display fireworks shall be issued
to an individual under the age of 18.
[Amended by Ord. No. 2018-03, 6/26/2018]
6.
The Board of Supervisors of the Township of Plumstead shall require
liability insurance deemed adequate by the Board of Supervisors from
the applicant, permittee or licensee in an amount deemed appropriate
by the Board of Supervisors. The liability insurance amount shall
be no less than $2,000,000 and shall list Plumstead Township, the
Board of Supervisors, individually and collectively, and the Township
employees, agents and consultants as additional insureds. The liability
insurance shall be in a form acceptable to the Township, and no permit
for a fireworks display shall be issued unless an acceptable certificate
of insurance evidencing the required coverage is received by the Township.
7.
Continuance. If by reason of unfavorable weather the fireworks display
for which a permit has been granted does not take place at the time
so authorized, the person to whom such permit was issued may, the
following business day, apply to the Township, and set forth under
oath the fact that such use and display was not made, the reason the
use and display did not take place, and a request for a continuance
of such permit for a day designated therein. The continuance date
shall be no later than one week (7 days) after the day fixed originally
in said permit. Upon receiving such application for a continuance,
the Township, if it believes the facts stated therein are true, may
extend the provisions of said permit to the day fixed in said application,
no later than one week after the original day designated in the permit,
and such extension of time shall be granted without the payment of
any additional fee and without requiring any insurance other than
the certificate of insurance given for the original permit, provided
that the provisions of the original certificate of insurance extend
to and cover all damages which may be caused by reason of said use
and display taking place at such extended date in the same manner
and to the same extent as if such use and display had taken place
at the date originally fixed in the permit.
[Amended by Ord. 2011-05, 9/6/2011]
[Added by Ord. No. 2022-03, 12/13/2022]
1.
Conditions. A person who is at least 18 years of age may purchase,
possess, and use consumer fireworks.
2.
Prohibitions. A person may not intentionally use consumer fireworks:
A.
On private property or on public property, including, but not limited
to, streets, parking lots, sidewalks, and parks, without the express
permission of the owner or entity that controls the property.
B.
Within, directed at or directed from a vehicle or building.
C.
Directed at another person.
D.
While the person is under the influence of alcohol, a controlled
substance, or another drug.
E.
Within 150 feet of a building or vehicle, whether or not the user
of the consumer fireworks owns the building or vehicle.
3.
Conditional use. No person may use consumer fireworks within 150
feet of an animal housing facility or a fenced area designed to confine
livestock owned or managed by another person. If a person uses consumer
fireworks at a distance of 150 to 300 feet from an animal housing
facility or fenced area designed to confine livestock owned or managed
by another person, the user of consumer fireworks shall notify in
writing the owner or manager of the livestock at least 72 hours in
advance of the use that consumer fireworks will be used in the area.
4.
Use of consumer fireworks. Consumer fireworks may not be used between
the hours of 10:00 p.m. and 10:00 a.m., except:
A.
On July 2, 3 and 4 and December 31, when consumer fireworks may be
used until 1:00 a.m. the following day;
B.
When July 4 falls on a Tuesday, Wednesday or Thursday, consumer fireworks
may be used until 1:00 a.m. on the immediately preceding and following
Friday and Saturday;
C.
Memorial Day, including the immediately preceding Saturday and Sunday;
and
D.
Labor Day, including the immediately preceding Saturday and Sunday.
[Added by Ord. No. 2022-03, 12/13/2022]
1.
Authorization. Permits may be issued for the use of display fireworks
for agricultural purposes in connection with the raising of crops
and the protection of crops from bird and animal damage.
2.
Duration of permit. A permit under this section shall remain in effect
for the calendar year in which it was issued.
3.
Conditions. After a permit under this section has been granted, sales,
possession, and use of display fireworks for the purpose mentioned
in the permit shall be lawful for that purpose only.
[Ord. 2010-08, 9/21/2010]
In the event of any violation of this Part or of the terms,
conditions or limitations noted on a permit for the display of fireworks,
or in the event of any unsafe condition occurring before or during
the course of a fireworks display, or in the event of any unsafe condition
occurring as a result of any use of consumer, display or other fireworks
within the Township, the Pennsylvania State Police, Plumstead Township
Police, fire chief of the fire company responsible for fire protection
at the place of the event, or the appropriate Township designee, or
any other authorized Township representative, may, before or during
the unsafe and/or violating occurrence, order such fireworks use or
display to be stopped in the interest of public safety.
[Ord. 2010-08, 9/21/2010; amended by Ord. No. 2022-03, 12/13/2022]
The following shall apply:
1.
A person using consumer fireworks in violation of the provisions
of this Part for the first offense commits a summary offense and,
upon conviction, shall, in addition to any other penalty authorized
by law, be punishable by a fine of not more than $500. A subsequent
offense under this subsection committed within three years of a prior
conviction under this subsection shall constitute a summary offense
and, upon conviction, shall, in addition to any other penalty authorized
by law, be punishable by a fine of not more than $1,000.
2.
A person selling consumer fireworks in violation of the provisions
of this Part for the first offense commits a misdemeanor of the second
degree and, upon conviction, shall, in addition to any other penalty
authorized by law, be punishable by a fine of not less than $10,000.
A subsequent offense under this subsection committed within three
years of a prior conviction under this subsection shall constitute
a misdemeanor of the second degree and, upon conviction, in addition
to any other penalty authorized by law, shall be punishable by a fine
of not less than $15,000.
3.
A person selling or using display fireworks in violation of the provisions
of this Part for the first offense commits a felony of the third degree
and, upon conviction, shall, in addition to any other penalty authorized
by law, be punishable by a fine of not less than $10,000. A subsequent
offense under this subsection committed within three years of a prior
conviction under this subsection shall constitute a felony of the
third degree and, upon conviction, shall, in addition to any other
penalty authorized by law, be punishable by a fine of not less than
$15,000.
4.
A person selling federally illegal explosives such as devices as
described in 49 CFR 173.54 (relating to forbidden explosives) or those
devices that have not been tested, approved and labeled by the United
States Department of Transportation, including, but not limited to,
those devices commonly referred to as M-80, M-100, blockbuster, cherry
bomb or quarter-stick or half-stick explosive devices, in violation
of the provisions of this Part for the first offense commits a felony
of the third degree and, upon conviction, shall, in addition to any
other penalty authorized by law, be punishable by a fine of not less
than $10,000. A subsequent offense under this subsection committed
within three years of a prior conviction under this subsection shall
constitute a felony of the third degree and, upon conviction, shall,
in addition to any other penalty authorized by law, be punishable
by a fine of not less than $15,000.
