[HISTORY: Adopted by the Borough Council of the Borough of Crafton 1-26-2023 by Ord. No. 1676.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 117, Fireworks, adopted 2-25-2004 by Ord. No. 1558.
As used in this chapter, the following terms shall have the meanings indicated:
ANIMAL HOUSING FACILITY
A roofed structure or facility, or a portion thereof, used for occupation by livestock or poultry.
APA 87-1
The American Pyrotechnics Association Standard 87-1: Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics, 2001 edition.
CFR
The Code of Federal Regulations of the United States.
CODE OFFICIAL
The official designated by the Borough to enforce Borough ordinances.
CONSUMER FIREWORKS
Any combustible or explosive composition or any substance or combination of substances that 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 is permitted in Pennsylvania. The term does not include devices such as "ground and handheld sparkling devices," "novelties," or "toy caps" in APA 87-1 or any successor standard, the sale, possession, and use of which is permitted at all times in Pennsylvania.
DISPLAY FIREWORKS
Large fireworks to be used solely by professional pyrotechnicians and designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 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 by the U.S. Department of Transportation under 49 CFR 172.101 (relating to purpose and use of hazardous materials table). This term also includes fused set pieces containing components which together exceed 50 milligrams of salute powder.
FIRE CHIEF
The Fire Chief of the Crafton Volunteer Fire Department or such successor official fire protection agency providing fire protection services to the Borough.
A. 
The use, possession, and/or discharge of display fireworks is prohibited in the Borough of Crafton unless a permit has been obtained from the Borough Manager or the Borough Manager's designee.
B. 
The Borough Manager shall not issue a permit for the use, possession or discharge of display fireworks unless the following criteria are met:
(1) 
No display fireworks shall be ignited within 300 feet of a fireworks sales location or facility that meets the requirements of 3 Pa.C.S.A. § 1107.
(2) 
Display fireworks shall be handled by a competent operator at least 21 years of age who provides evidence of fireworks handling and safety training.
(3) 
Display fireworks shall only be located, discharged or fired from a location that is deemed not to be hazardous to property or endanger the health or safety of any person. The Borough Manager my request the opinion of the Fire Chief or other person with similar training or experience to make such a determination.
(4) 
Insured in an amount not less than $1,000,000 conditioned for the payment of all damages which may be caused to a person or property by reason of the use of display fireworks and arising from an act of the handler or an agent, an employee, or a subcontractor thereof.
A. 
A person who is at least 18 years of age may purchase, possess and use consumer fireworks.
B. 
A person may not use consumer fireworks:
(1) 
On public property, including, but not limited to, streets, parking lots, sidewalks and parks;
(2) 
On private property without the express permission of the owner or entity that controls the property;
(3) 
Within, directed at, or directed from a vehicle or building;
(4) 
Directed at another person;
(5) 
While the person is under the influence of alcohol, a controlled substance or another drug;
(6) 
Within 150 feet of a building or vehicle, whether or not the building or vehicle is owned by the user of the consumer fireworks; or
(7) 
Within 150 feet of an animal housing facility or a fenced area designed to confine livestock owned or managed by another person, unless the user of the consumer fireworks notifies, in writing, the owner or manager of the livestock at least 72 hours in advance that consumer fireworks will be used in that area.
C. 
Consumer fireworks may not be used between the hours of 10:00 p.m. and 10:00 a.m., except:
(1) 
On July 2, 3, and 4, and December 31, consumer fireworks may be used until 1:00 a.m. on the following day; and
(2) 
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; and
(3) 
On Memorial Day and Labor Day, including the immediately preceding Saturday and Sunday, when consumer fireworks may be used until 1:00 a.m. on the following day.
A. 
A person who violates any provision of this chapter, or who fails to comply therewith or with any of the requirements thereof, shall be guilty of a summary offense and, upon conviction thereof, sentenced to pay a fine of not more than $500 for a first violation or $1,000 for each subsequent violation in accordance with 3 Pa.C.S.A. § 1114, plus costs, and, in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses.
B. 
A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each provision of this chapter found to have been violated. All fines and penalties for the violation of this chapter shall be paid to the Borough Treasurer.
C. 
The Borough may also commence appropriate actions in equity, at law or other to prevent, restrain, correct, enjoin, or abate violations of this chapter.