As used in this article, unless the context clearly indicates
otherwise, 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.
BUILDING
A structure under a roof used for the shelter or enclosure
of persons, animals or property. The word "building" shall include
any part thereof.
CFR
The Code of Federal Regulations of the United States.
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 hand-held 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 Franklin Park Volunteer Fire Company
No. 1 or such successor official fire protection agency providing
fire protection services to the Borough.
VEHICLE
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.
Any person, firm or corporation who shall violate any provision
of this article or fails to comply therewith or with any of the requirements
thereof, upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs, including reasonable attorneys' fees incurred by
the Borough, and, in default of payment of said fine and costs, to
a term of imprisonment to the extent permitted by law for the punishment
of summary offenses. A separate offense shall arise for each day or
portion thereof in which a violation of this article is found to exist
or for each section of this article found to have been violated. The
Borough may also commence appropriate actions in equity to prevent,
restrain, correct, enjoin or abate violations of this article. All
fines and penalties collected for violation of this article shall
be paid to the Borough Treasurer. The initial determination of ordinance
violation is hereby delegated to the Borough Manager, the Police Department,
the Borough Staff, the Code Official, the Assistant Code Official,
the Fire Official, the Deputy Fire Official, the authorized designee
of the Borough Manager and to any other officer or agent that the
Borough Manager or the Borough Council shall deem appropriate.