The Borough adopts the definitions of the Fireworks Act with
respect to all defined terms found therein, which are incorporated
hereby by reference, but sets out herein, for purposes of clarity,
the definitions of “Consumer Fireworks” and “Display
Fireworks” as follows:
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 APA 87-1 or any successor standard, the sale, possession
and use of which shall be permitted at all times throughout the Commonwealth
of Pennsylvania. The term “consumer fireworks” does not
include devices as “ground and hand-held sparkling devices,”
“novelties” or “toy caps” in APA 87-1 or any
successor standard, the sale, possession and use of which shall be
permitted at all times through this Commonwealth.
Large 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:
Salutes that contain more than two grains 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
UN0333, UN0334 or UN0335 under 49 CFR 172.101 (relating to purpose
and use of hazardous materials table).
1.
The Borough
adopts the regulations of the Fireworks Act, which are incorporated
herein by reference as same apply to Consumer Fireworks, subject to
addition and more stringent penalties as noted herein.
2.
Consumer
Fireworks may only be operated by a person of at least 18 years of
age.
3.
A person
of legal age to purchase, possess and use Consumer Fireworks may not
intentionally ignite or discharge:
A.
Consumer
Fireworks on public or private property without the express permission
of the Borough or private property owner;
B.
Consumer
Fireworks or sparkling devices within, or throw Consumer Fireworks
or sparkling devices from, a motor vehicle or building;
C.
Consumer
Fireworks or sparkling devices into or at a motor vehicle or building
or at another person;
D.
Consumer
Fireworks or sparkling devices while the person is under the influence
of alcohol, a controlled substance or another drug; and
E.
Consumer
Fireworks within 150 feet of an occupied structure.
4.
It shall
be a violation of this Ordinance for any person to ignite or discharge
Consumer Fireworks, or for the owner or tenant of real property within
the Borough to permit the ignition or discharge of Consumer Fireworks
by another person on or from such property, between the hours of 10:00
p.m. and 7:00 a.m.
1.
The Borough
adopts the regulations of the Fireworks Act, which are incorporated
herein by reference as same apply to Display Fireworks, subject to
the additional and more restrictive regulations set forth herein and
specifically governing the granting of permits for such use in the
Borough:
A.
A permit
shall require the posting of a bond of not less than $50,000, but
may be in a greater amount if determined appropriate by the Borough,
or its designee, based upon the recommendations of the Chief of Police,
the Fire Department, or Public Works Department - up to a maximum
of $1,000,000 - conditioned for the payment of all damages which may
be caused to a person or property by reason of the display and arising
from an act of the permittee or an agent, or an employee or a subcontractor
of the permittee.
B.
The permittee
shall purchase and maintain general liability insurance per requirements
set forth below which policy shall be written for not less than the
limits of liability specified by the Borough or that which may be
required by law, whichever is greater. Further, the permittee shall
also purchase and maintain the appropriate insurance that would respond
to claims under the Workers Compensation Acts and other Employee Benefit
Acts as it relates to claims for damages because of bodily injury,
including death, and other claims for damages (when applicable by
law). The Borough, its officers, employees, and volunteers are to
be named as “Additional Insured” on a primary, non-contributory
basis for both operations and completed operations on the permittee’s
commercial general liability policy which the permittee must maintain
for the periods of set-up, display and clean up. Certificates of Insurance
evidencing the requested insurance shall be filed with the Borough
at least two weeks prior to the commencement of any Display Fireworks
event.
(1)
Minimum
Requirements of Insurance:
C.
The permittee
must execute an indemnification and hold harmless agreement with respect
to the Borough (and any identified parties involved with or sponsoring
the Display Fireworks event) in a standard form approved by the Borough
Solicitor.
D.
Permit
fees shall be as established by resolution of the Borough Council.
E.
It shall
be a violation of this Ordinance for any person to ignite or discharge
Display Fireworks between the hours of 10:00 p.m. and 7:00 a.m. without
the express written consent of the Borough or its designee.
The Borough Police shall be responsible for enforcement of this
Ordinance pursuant to Section 1121(b) of the Borough Code.
1.
Any person
who violates any provision of this Ordinance commits a summary offense,
and upon conviction shall be subject to the following penalties:[1]
A.
First
violation - A fine of not less than $50 nor more than $100;
B.
Second
violation - A fine of not less than $100 nor more than $300; and
C.
Third
violation - A fine of not less than $500 nor more than $1,000, or
30 days in prison, or both.
[1]
It is specifically understood that any penalties or restitution
imposed upon a juvenile shall be jointly and severally the obligation
of the parents or guardians and treated as an injury to the Borough
compensable in accordance with the Domestic Code at 23 Pa.C.S.A. §
5503(a) and subject to the limitations thereon as set forth in said
Code.
In all matters that are regulated by the law of the Commonwealth
of Pennsylvania by regulations or regulated by departments or an agency
of the Commonwealth promulgated by authority of law, such law or regulations,
or other Ordinance of the Borough, as the case may be, shall control
where the requirements thereof are the same or in excess of the provisions
of this Ordinance. This Ordinance controls in all circumstances where
the state requirements or the requirements of other Ordinance of the
Borough are not as strict as those contained in this Ordinance.
If any portion of the Ordinance shall be determined to be unconstitutional,
illegal or unenforceable, then the portion, and only that portion
of this Ordinance, which is deemed to be unconstitutional, illegal
or unenforceable, shall be severed from the remainder of this Ordinance
and all other terms thereof shall remain in full force and effect.
