The following terms shall have the meanings ascribed unless
a contrary meaning is expressly set forth in the text.
ACT
The law enacted July 11, 2022, P.L. 762, No. 74, as amended,
and codified as 3 Pa.C.S.A. § 1101 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
APPROVED
Acceptable to Township Supervisors.
FIREWORKS
Any combustible or explosive composition or any substance
or combination of substances or, except as hereinafter provided, any
article prepared for the purpose of producing a visible or an audible
effect by combustion, explosion, deflagration or detonation, and shall
include blank cartridges and toy cannons in which explosives are used,
the type of balloons which require fire underneath to propel the same,
firecrackers, torpedoes, skyrockets, roman candles, aerial fireworks,
or other fireworks of like construction, and any fireworks containing
any explosive or flammable compound or any tablets or other device
containing an explosive substance.
FIREWORKS PERMIT
That permit issued by Township Board of Supervisors for a
display of fireworks.
PERMITTEE
Any person, copartnership, association, corporation, limited
partnership, limited-liability partnership, limited-liability company,
joint venture or similar entity that secures a fireworks permit.
PERSON
Any person, copartnership, association, corporation, limited
partnership, limited -liability partnership, limited-liability company,
joint venture or similar entity that applies for a fireworks permit.
UNREGULATED FIREWORKS
F.
Other devices in which paper caps containing 0.25 grains (16.0
mg) or less of explosive compound are used; provided, however, such
devices are constructed so that the hand cannot come in contact with
the cap when in place for the explosion;
G.
Toy pistol paper caps which contain less than 0.20 grains of
explosive mixture; and
H.
Toy cannons which operate on the principle of mixing calcium
carbide, weighing less than 0.1 of an ounce, and water in the reservoir
of the cannon and in which ignition results upon the creation of a
spark.
Unfired fireworks and trash remaining after the conclusion of
the display for which the fireworks permit was issued shall be immediately
disposed of by the permittee in an approved, safe manner.
Nothing in this chapter shall be construed to prohibit any resident
wholesaler, dealer or jobber to sell at wholesale such fireworks as
are not herein prohibited or the sale of any kind of fireworks, provided
the same are to be shipped directly out of the Commonwealth of Pennsylvania,
or are to be used by a person holding a permit from any municipality
at the display covered by the permit, or when used as authorized by
a permit for agricultural purposes in connection with the raising
of crops and the protection of crops from bird and animal damage,
or the use of fireworks by railroads or other transportation agencies
for signal purposes or illumination, or when used in quarrying or
for blasting or other industrial use, or the sale of blank cartridges
for a show or theater, or for signal or ceremonial purposes in athletics
or sports, or for use by military organizations or organizations composed
of veterans of the United States Army or Navy.
Any law enforcement official of the Township Police Department
shall seize, take, remove, or cause to be removed at the expense of
the owner all fireworks offered or exposed for display or sale, stored,
held, or used, discharged, or expended in violation of this chapter
and the Act.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, copartnership, association or corporation violating
any term, condition or provision hereof or the Act shall, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Township before a Magisterial District Judge, pay a fine of
not more than $600, plus all court costs, including reasonable attorneys'
fees, incurred by the Township in the enforcement of this chapter.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith. The penalties imposed
under this section shall be in addition to any other penalty imposed
by any other section of the Township of Weisenberg Code.
This chapter shall not apply to any person who is beyond the
legal power of the Township to impose the provisions of this chapter,
under either the Constitution of the United States or the Constitution
or Laws of the Commonwealth of Pennsylvania. This chapter shall not
affect violations of any other ordinance, code or regulation existing
prior to the effective date hereof, and any such violation shall be
governed and shall continue to be punishable to the full extent of
the law under the provisions of those ordinances, codes or regulations
in effect at the time the violation was committed.
The provisions of this chapter are severable. If any provision,
sentence, clause, section or part thereof shall, for any reason, be
found to be unconstitutional, illegal or invalid, such unconstitutional,
illegal, or invalid provision, sentence, clause, section or part thereof
shall not affect or impair any of the remaining provisions, sentences,
clauses, sections or parts thereof. It is hereby declared to be the
intent of the Township Supervisors that this chapter would have been
adopted had such unconstitutional, illegal or invalid provision, sentence,
clause, section or part thereof not been included herein.
The provisions of this chapter shall become effective on the
fifth day following enactment.
Any ordinance, in part or in whole, conflicting or inconsistent
with the provisions of this chapter shall be, and the same are, hereby
repealed insofar as the same may conflict with or be inconsistent
with the terms of this chapter.