[HISTORY: Adopted by the Board of Supervisors of the Township
of Polk 1-23-2023 by Ord. No. 2023-03. Amendments noted where applicable.]
This chapter shall be known as the "Polk Township Consumer Fireworks
Ordinance."
This chapter governs the discharge of consumer fireworks as
they are defined in the state fireworks law,[1] that is any combustible or explosive composition of 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 as promulgated by the Consumer Products Safety
Commission or any successor regulation, and complies with the provisions
for consumer fireworks as defined in the American Pyrotechnics Association
Standard 87-1, but does not include devices such as ground and handheld
sparkling devices, novelties or toy caps as defined in APA 87-1.
[1]
Editor's Note: 72 P.S. §§ 9401 to 9416 were
repealed by 2022, July 11, P.L. 762, No. 74, § 2(2), effective
in 60 days (9-9-2022).
Consumer fireworks shall not be ignited or discharged in the
Township between the hours of 10:00 p.m. and 10:00 a.m., except on
July 2, 3 and 4, and December 31, when consumer fireworks may be used
until 1:00 a.m. the following day; 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.
A.
Any violation
of this chapter shall be a summary offense punishable by a fine of
$100 to $500 for the first offense; $200 to $600 for the second offense;
and $300 to $1,000 for the third offense.
B.
In addition
to the issuance of a citation, the Township may also commence an action
in equity to enjoin any violation of this chapter.
