[Ord. No. 854, 6/24/2020[1]]
The following terms shall have the meanings as indicated:
Myerstown Borough, Lebanon County, Pennsylvania.
The governing body of the Borough of Myerstown.
Any large fireworks 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 or 130 milligrams of explosive materials; aerial shells
containing more than 60 grams of pyrotechnic compositions; and other
display pieces which exceed the limits of explosive materials for
classification as consumer fireworks and are classified as fireworks
UN0333, UN0334, or UN0335 at 49 CFR 172.101.
The person appointed by the Borough Council to enforce the
applicable provisions of this Part. This person or organization may
be updated from time to time by resolution.
Any combustible or explosive composition or any substance
or combination of substances, intended to produce visible and/or audible
effects by combustion and which is suitable for use by the public
that 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 which complies with the provisions for "consumer fireworks"
as defined in the American Pyrotechnics Association (APA) Standard
87-1, or any successor standard. The term does not include devices
as "ground and hand-held sparkling devices," "novelties," and "toy
caps" in APA Standard 87-1, the sale, possession and use of which
shall be permitted at all times throughout this commonwealth.
The combustion of solids, liquids, or gases utilizing atmospheric
oxygen to produce thermal, physical, visual, or audible phenomena
before an audience.
Automatic flame effect is a flame effect that is supervised
and fired by an automatic control system.
Hybrid flame effect is a flame effect that is used in combination
with a pyrotechnic material or device.
Manual flame effect is a flame effect that is operated manually
without the use of an automatic control system.
Portable flame effect is a flame effect that is designed and
installed, either in a permanent or temporary installation, and that
are designed to move or be moved in the course of operation of installation.
Any individual, partnership, corporation, limited-liability
company, or other legal entity.
Any Police Department authorized to provide police protection
services within the Borough.
An officer of the Police Department.
Controlled exothermic chemical reactions that are timed to
create the effects of heat, gas, sound, dispersion of aerosols, emission
of visible electromagnetic radiation, or a combination of these effects
to provide the maximum effect from the least volume.
[1]
Editor's Note: This ordinance superseded former Part 4, Fireworks,
adopted 12/10/2013 by Ord. No. 818.
[Ord. No. 854, 6/24/2020]
2.
Except as provided hereinafter, it shall be unlawful for any person
to use or explode any display fireworks; provided that the Borough
Council, or its designee, shall have the power to grant permits for
supervised public displays of display fireworks to be held in the
Borough.
3.
Display fireworks may be used as authorized by a permit for any of
the following, in accordance with 72 P.S. § 9402.[2]
A.
For agricultural purposes in connection with the raising of crops
and the protection of crops from bird and animal damage.
B.
By railroads or other transportation agencies for signal purposes
or illumination.
C.
In quarrying or for blasting or other industrial use.
D.
In the sale or use of blank cartridges for a show or theater.
E.
For signal or ceremonial purposes in athletics or sports.
F.
By military organizations or organizations composed of veterans of
the Armed Forces of the United States.
4.
Every fireworks display shall be conducted by a competent operator,
currently registered with the Attorney General of Pennsylvania and
approved by the Borough Council or its designee, and shall be of such
a character and so located, discharged or fired as in the opinion
of the Fire Prevention Officer or Chief of the Fire Department or
other appropriate officer as may be designated by Borough Council,
after proper inspection, shall not be hazardous to property or endanger
any person.
5.
The Fire Prevention Officer may suspend any permit issued under this
Part due to drought, dry conditions, high winds, or any other factor
reasonably related to the public safety. The Fire Prevention Officer
may, at his discretion, dispatch fire company members and/or equipment
to the scene of any permitted display. Where any such deployment occurs,
the permittee will be subject to a fee, which may be amended from
time to time by resolution of the Borough Council. The Fire Prevention
Officer shall not be liable to the permittee or any other interested
party in carrying out his authorized duties under this section.
6.
Applications for permits shall be made in writing on a form provided
by the Borough, at least 30 days in advance of the date of a fireworks
display, and at least three days in advance of the date of a pyrotechnic
or flame effects display. After such permit shall have been granted,
sales, possession, use and distribution of fireworks, pyrotechnics
or flame effects for such display shall be lawful for that purpose
only.
7.
An application shall be accompanied by the applicable permit fee,
which may be amended from time to time by resolution of the Borough
Council.
8.
No display fireworks permit shall be issued to a person under 21
years of age.
9.
Permits granted hereunder shall be transferable with written approval
of Borough Council.
10.
All fireworks displays shall be finished by 11:00 p.m. on Fridays
and Saturdays and by 10:00 p.m. Sundays through Thursdays. Exceptions
must be requested in writing and approved by the Borough Council.
11.
No more than five permits per calendar year may be issued for fireworks
displays to the same permittee.
12.
No more than five permits per calendar year may be issued for fireworks
displays on a single property.
[Ord. No. 854, 6/24/2020]
Prior to the issuance of any permit under § 7-402 hereof, the applicant shall deliver to the Borough evidence of the operator's registration with the Attorney General of Pennsylvania, and a bond or liability insurance, which shall be in the amount of $1,000,000, conditioned for payment of all damages which may be caused either to persons or to property by reason of the display and arising from any acts of the permit holder, his agents, employees or subcontractors. The Borough of Myerstown and the Fire Company providing oversight at the event shall be named as additional insureds on the operator's liability insurance policy, which shall be shown on a certificate of insurance submitted to the Borough.
[Ord. No. 854, 6/24/2020]
If for any reason of unfavorable weather the display for which
a permit has been granted does not take place at the time so authorized,
the person to whom such permit was issued may use the date noted on
the application as the "rain date" for the event display without the
payment of any additional fee and without requiring any bond or insurance
other than the one given for the original permit, the provisions of
which shall extend to cover all damages which may be caused by reason
of the said display taking place at such extended date in the same
manner and to the same extent as if such display had taken place at
the date originally fixed in the permit.
[Ord. No. 854, 6/24/2020]
1.
Consumer fireworks may be purchased, possessed and used in the Borough
by a person who is at least 18 years of age, except for the following
prohibitions:
A.
A person may not intentionally ignite or discharge:
(1)
Consumer fireworks on public or private property without the
express permission of the owner.
(2)
Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building.
(3)
Consumer fireworks or sparkling devices into or at a motor vehicle
or building or at another person.
(4)
Consumer fireworks or sparkling devices while the person is
under the influence of alcohol, a controlled substance or another
drug.
(5)
Consumer fireworks within 150 feet of an occupied structure.
2.
Consumer fireworks shall not be discharged between the hours of 9:00
p.m. and 7:00 a.m.
[Ord. No. 854, 6/24/2020]
1.
This Part may be enforced by the Fire Prevention Officer or any police
officer.
2.
Any person using consumer fireworks in violation of the provisions
of this Part commits a summary offense and, upon conviction, shall
be punished by a fine of not more than $100 plus all costs of prosecution.
3.
Each day that a violation continues and each section of this Part
which is violated shall be deemed a separate offense. Each individual
firework that has been discharged shall also be deemed a separate
offense. This Part may also be enforced by an action in equity brought
in the Lebanon County Court of Common Pleas.
[Ord. No. 854, 6/24/2020]
If any provision, sentence, clause, section, or part of this
Part or the application thereof to any person or circumstance is for
any reason found to be unconstitutional, illegal, or invalid by a
court of competent jurisdiction, such unconstitutionality, illegality,
or invalidity shall not affect or impair the validity of any of the
remaining provisions, sentences, clauses, sections, or parts of this
Part. All ordinances or parts of ordinances which are inconsistent
with this Part are hereby repealed to the extent they are inconsistent
with the provisions herein. All other sections, parts and provisions
of the Code of Ordinances of the Borough of Myerstown shall remain
in full force and effect as previously enacted and amended.
[Ord. No. 854, 6/24/2020]
This Part shall be effective immediately upon enactment by Borough
Council as provided by law.
