[Ord. No. 1244, 6/19/2023]
1.
The sale of commercial fireworks shall be restricted to the Highway
Commercial District and Urban Gateway Districts of the Borough of
Emmaus.
2.
The sale of commercial fireworks shall be restricted to persons,
agencies, retailers, vendors, and businesses who have a valid and
current license to sell by the Pennsylvania Department of Agriculture.
[Ord. No. 1244, 6/19/2023]
1.
Any person, agency, retailer, vendor, or business wishing to sell
consumer fireworks shall be required to apply for, obtain, maintain,
and pay for a permit no less than 15 days prior to the first sale
of a consumer firework.
A.
Any person, agency, retailer, vendor, or business wishing to sell
consumer fireworks shall be subject to an inspection by the Borough
of Emmaus Code Enforcement Office and Fire Inspector.
2.
Any individual, agency, vendor, retailer, or business must first
obtain a permit to use or ignite consumer fireworks.
A.
Permits shall be applied for and obtained no less than 15 days prior
to the use of consumer fireworks.
C.
Permits shall be granted on a weekly basis for the sale of consumer
fireworks. A separate permit and fee shall be required for each week
of sales.
(1)
In the instance where a retailer is a permanent store, located
in a permanent structure within the Borough, the retailer shall be
responsible to acquire licensure through the Borough to occupy the
building, pay the appropriate business privilege tax, and obey all
other laws established by the Borough of Emmaus and Commonwealth of
Pennsylvania.
[Ord. No. 1244, 6/19/2023]
1.
Use of commercial fireworks is strictly prohibited and shall not
be ignited, exploded, or land within 150 feet of any building, structure,
or vehicle within the Borough of Emmaus.
2.
Use of commercial fireworks is strictly prohibited and shall not
be ignited, exploded or land on any Borough-owned property, public
street, or public right-of-way unless expressly agreed to and voted
upon by Emmaus Borough Council in a public meeting.
[Ord. No. 1244, 6/19/2023]
1.
The use of consumer fireworks shall be prohibited between the hours
of 10:00 p.m. and 10:00 a.m., with the following exceptions:
A.
Exceptions:
(1)
Between July 2 and July 4, and on December 31, consumer fireworks
may be used until 1:00 a.m. the following day.
(a)
When July 4 falls on a Tuesday, Wednesday, or Thursday, in which
case consumer fireworks may be used until 1:00 a.m. on the immediately
preceding and following Friday and Saturday.
[Ord. No. 1244, 6/19/2023]
All other conditions of sale and use of commercial fireworks
shall be in compliance with the laws of the Commonwealth of Pennsylvania
and in accordance with the regulations set forth by the Pennsylvania
Department of Agriculture.
[Ord. No. 1244, 6/19/2023]
1.
The following fees established in this section, beginning in the
fiscal year pursuant to adoption of this Part, shall be set each year
via resolution.
A.
Fees set forth in § 6-602, Subsection 1, for a permit for sale of fireworks shall be set at $100 per week, unless the business is a permanent business structure within the Borough selling consumer fireworks on a permanent basis, whereby the business will be required to pay the appropriate business privilege tax, and obey all other laws established by the Borough of Emmaus and Commonwealth of Pennsylvania.
[Ord. No. 1244, 6/19/2023]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine not more than $300 and/or to imprisonment for a term not to exceed
90 days.
