[Ord. No. 811, 4/12/2023]
As used in this Part, the following terms shall have the meanings
indicated:
Any small firework device designed to produce visible effects
by combustion and which must comply with the construction, chemical
composition, and labeling regulations of the U.S. Consumer Product
Safety Commission, as set forth in 16 CFR Parts 1500 and 1507. Some
small devices designed to produce audible effects are included, such
as whistling devices, ground devices containing 50 milligrams or less
of explosive materials, and aerial devices containing 130 milligrams
or less of explosive materials.
Consumer fireworks are classified as fireworks UN0336 and UN0337
by the U.S. Department of Transportation at 49 CFR 172.101. This term
does not include fused setpieces containing components which together
exceed 50 milligrams of salute powder.
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 (130 milligrams) of explosive materials, aerial shells containing
more than 40 grams of pyrotechnic compositions, and other display
pieces which exceed the limits of explosive materials for classification
as consumer fireworks. Display fireworks are classified as fireworks
UN0333, UN0334 or UN0335 by the U.S. Department of Transportation
at 49 CFR 172.101. This term also includes fused setpieces containing
components which together exceed 50 milligrams of salute powder.
[Ord. No. 811, 4/12/2023]
1.
The Borough of Renovo hereby permits the use of consumer fireworks
available to the general public during the following hours:
A.
On July 2, 3 and 4 and December 31 from 10:00 a.m. until 1:00 a.m.
the following day;
B.
When July 4 falls on a Tuesday, Wednesday or Thursday, consumer fireworks
may be used on the immediately preceding and following Friday and
Saturday from 10:00 a.m. until 1:00 a.m.; and
C.
On Memorial Day from 10:00 a.m. until 10:00 p.m. and on the Saturday
and Sunday immediately preceding Memorial Day from 10:00 a.m. to 10:00
p.m.;
D.
On Labor Day from 10:00 a.m. until 10:00 p.m. and on the Saturday
and Sunday immediately preceding Labor Day from 10:00 a.m. to 10:00
p.m.
2.
Consumer fireworks may not be used prior to 10:00 a.m.
[Ord. No. 811, 4/12/2023]
1.
The Borough of Renovo hereby prohibits the use of consumer fireworks
on any and all property owned by the Borough of Renovo. The purpose
of this prohibition is to ensure the safety of the Borough's
residents and visitors using public property for their use and enjoyment.
2.
Consumer fireworks may not be used by persons less than 18 years
of age. A person may not intentionally use consumer fireworks:
A.
On private property without the express permission of the owner or
entity that controls the property;
B.
On public property, including, but not limited to, streets or parking
lots;
C.
Within, directed at or directed from a vehicle or building;
D.
Directed at another person;
E.
While the person is under the influence of alcohol, controlled substances
or another drug; and
F.
Within 150 feet of a building or a vehicle, whether or not the building
or vehicle is owned by the user of the consumer fireworks.
[Ord. No. 811, 4/12/2023]
Any person who violates or permits the violation of any provision
of this Part shall, upon conviction thereof in a summary proceeding
brought before a Magisterial District Judge under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense, and shall
be subject to the payment of a fine of not less than $300 and not
more than $1,000, plus the cost of prosecution. On default of payment
thereof, the defendant may be sentenced to imprisonment in the county
prison for a term of not more than 30 days. Each section of this Part
violated shall constitute a separate offense, and each day or portion
thereof in which a violation of this chapter is found to exist shall
constitute a separate offense, each of which violation shall be punishable
by a separate fine and imposed by the Magisterial District Judge of
not less than $300 and not more than $1,000, plus the costs of prosecution,
or, upon default of payment thereof, the defendant may be sentenced
to imprisonment in the county prison for a term of not more than 30
days.
[Ord. No. 811, 4/12/2023]
If any sentence, clause, section or part of this Part is for
any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts thereof. It is hereby declared as the intent of the Borough
of Renovo that this Part would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
[Ord. No. 811, 4/12/2023]
All ordinances or parts of ordinances conflicting with any provision
of this Part are hereby repealed insofar as the same affects this
Part.
[Ord. No. 811, 4/12/2023]
This Part shall become effective immediately upon passage and
approval in the manner prescribed by law.
