[HISTORY: Adopted by the Board of Supervisors
of the Township of North Coventry 7-23-2018 by Ord. No. 149.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 185,
Fireworks, adopted 5-22-2000 by Ord. No. 109, as amended.
[Amended 8-14-2023 by Ord. No. 03-2023]
This chapter is adopted pursuant to the authority granted under
Pennsylvania's fireworks regulations and laws as adopted and codified
by the Pennsylvania legislature at Act 74 of 2022, P.L. 762,[1] and pursuant to the authority to regulate fireworks as
set forth in the Second Class Township Code at 53 P.S. § 66534.
This chapter is adopted with the intent to comply with such state
fireworks laws, properly regulate fireworks use within the Township,
and to protect the health, safety and welfare of Township citizens.
[1]
Editor's Note: See 3 Pa.C.S.A. § 1101 et seq.
The following words and phrases, when used in this chapter,
shall have the meanings given to them in this section unless the context
clearly indicates otherwise:
A roofed structure or facility, or a portion of the facility,
used for occupation by livestock or poultry.
[Added 8-14-2023 by Ord. No. 03-2023]
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition, or any subsequent edition.
Any combustible or explosive composition or 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 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 shall be permitted throughout this commonwealth.
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 shall be permitted
at all times throughout this commonwealth.
Large fireworks to be used solely by professional pyrotechnicians
and designed primarily to produce visible or audible effects by combustion,
deflagration or detonation. The term includes, but is not limited
to, the following:
Salutes that contain more than two grains or 130 milligrams
of explosive materials;
Aerial shells containing more than 60 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 under 49 CFR 172.101 (relating to purpose
and use of hazardous materials table). This term also includes fused
setpieces containing components which together exceed 50 mg of salute
powder.
The National Fire Protection Association Standard 1124, Code
for the Manufacture, Transportation and Storage of Fireworks and Pyrotechnic
Articles, 2006 edition.
[Amended 8-14-2023 by Ord. No. 03-2023]
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business whether or not a person is actually
present.
[1]Any structure on real property that is placed on the land
for the foreseen future, that is used for residential or commercial
purposes, and that has a permanent foundation, water service, and
sanitary sewer or septic system. The structure meets all the requirements
of PA UCC Act 45 of 1999, as amended by Act 43 of 2001.[2]
[Added 8-14-2023 by Ord. No. 03-2023]
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 electric mobility device operated by and designed for
the exclusive use of a person with mobility-related disability.
[Added 8-14-2023 by Ord. No. 03-2023]
A.
Conditions. A person who is at least 18 years of age and meets the
requirements of this chapter may purchase, possess and use consumer
fireworks.
B.
Prohibitions. A person may not intentionally ignite or discharge
consumer fireworks:
(1)
On public or private property, including, but not limited to, streets,
parking lots, sidewalks, and public parks, without the express permission
of the owner, or the entity that controls the property.
[Amended 8-14-2023 by Ord. No. 03-2023]
(2)
Within, directed at or directed from a vehicle or building.
(3)
Directed at another person.
(4)
While the person is under the influence of alcohol, a controlled
substance or another drug.
(5)
Within 150 feet of a building or vehicle, whether or not the building
or vehicle is owned by the user of the consumer fireworks.
[Amended 8-14-2023 by Ord. No. 03-2023]
(6)
Upon any Township roadway or Township property.
(7)
Within 100 feet of any combustible material.
(8)
Such that the sparks or any portion of the fireworks will land upon
the property of another without the owner's express permission.
C.
Sale and storage of consumer fireworks. Consumer fireworks shall
only be sold from facilities that are licensed and regulated by the
Pennsylvania Department of Agriculture. Any person, partnership, association,
firm, corporation, or entity of any kind whatsoever who intends to
sell or store consumer fireworks within the Township shall provide
proof of such licensure prior to such use being conducted within the
Township, in addition to compliance with all other applicable Township
ordinances and regulations. The facility shall be a stand-alone permanent
structure that meets all requirements of, and is licensed by, the
Pennsylvania Department of Agriculture.
[Amended 8-14-2023 by Ord. No. 03-2023]
[Amended 8-14-2023 by Ord. No. 03-2023]
A.
No person may use consumer fireworks within 150 feet of an animal
housing facility or a fenced area designed to confine livestock owned
or managed by another person. If a person uses consumer fireworks
at 150 to 300 feet from an animal housing facility or fenced areas
designed to confine livestock owned or managed by another person,
the user of consumer fireworks shall notify, in writing, the owner
or manager of the livestock at least 72 hours in advance of the use
that consumer fireworks will be used in the area.
B.
Limitations. Consumer fireworks may not be used between the hours
of 10:00 p.m. and 10:00 a.m., except:
(1)
On
July 2, 3, 4 and December 31, when consumer fireworks may be used
until 1:00 a.m. the following day; and 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.
(2)
On
Memorial Day and Labor Day, consumer fireworks may be used until 10:00
p.m., including the immediately preceding Friday and Saturday.
A.
No display fireworks shall be ignited within 300 feet of a facility
selling or dispensing gasoline, propane, or other flammable products.
B.
Permits are required to be issued by the Township prior to the use
of display fireworks. Application for permits shall be made in writing
at least 30 days in advance of the planned date of the use of display
fireworks together with the permit fee. Permit fees shall be as established
by resolution of the Board of Supervisors.
C.
Permits for display fireworks may only be issued to persons age 21
or older.
D.
Each display firework shall be:
(1)
Handled by a competent operator with the proper authorization to
handle, operate or store display fireworks;
(2)
Of a character and so located, discharged or fired as, in the opinion
of the Fire Marshal or North Coventry Police Department, after proper
inspection, deemed to not be hazardous to property or endanger any
person prior to the display occurring; and
(3)
After permission is granted under this section, possession and use
of display fireworks shall be lawful for that purpose only.
E.
License requirements. Any business entity which performs, provides
or supervises display fireworks for profit shall provide proof of
registration with the Pennsylvania Attorney General to the Township
as part of the permitting process.
F.
Display fireworks may be possessed and used by a person (age 21 or
older) holding a permit from the Township at the display covered by
the permit, or when used as authorized by a permit for any of the
following additional activities:
(1)
For agricultural purposes in connection with the raising of crops
and the protection of crops from bird and animal damage.
(2)
By railroads or other transportation agencies for signal purposes
or illumination.
(3)
In quarrying or for blasting or other industrial use.
(4)
In the sale or use of blank cartridges for a public show or theater.
(5)
For signal or ceremonial purposes in athletics or sports.
(6)
By military organizations or organizations composed of veterans of
the Armed Forces of the United States.
A.
Liability insurance. The Township shall require the permittee to
carry liability insurance covering damages which may be caused to
a person or property by reason of the use of display fireworks and
arising from an act of the permittee or an agent, an employee or a
subcontractor of the permittee in an amount not less than $1,000,000
by an insurance company authorized to do business within the Commonwealth
of Pennsylvania. The Township and the Fire Marshal shall be additional
insureds.
[Amended 8-14-2023 by Ord. No. 03-2023]
B.
Extension of permit.
(1)
Authorization. If, because of unfavorable weather, the display fireworks
for which a permit has been granted does not occur at the time authorized
by the permit, the person to whom the permit was issued may within
24 hours apply, in writing, for a request for extension to the Township.
The requested continuance of the permit shall be not later than one
week after the date originally designated in the permit.
(2)
Conditions. The extension of time shall be granted without the payment
of an additional fee and without requiring a bond other than the bond
given for the original permit, the provisions of which shall extend
to and cover all damages which may be caused by reason of the display
occurring at the extended date and in the same manner and to the same
extent as if the display had occurred at the date originally designated
in the permit.
A.
Authorization. The Township may grant permits for the use of suitable
fireworks for agricultural purposes in connection with the raising
of crops and the protection of crops from bird and animal damage.
B.
Duration of permit. A permit under this section shall remain in effect
for the calendar year in which it was issued.
C.
Conditions. After a permit under this section has been granted, sales,
possession and use of fireworks of the type and for the purpose mentioned
in the permit shall be lawful for that purpose only.
A.
Any Township police officer shall take, remove or cause to be removed,
at the expense of the owner, all stocks of consumer fireworks, display
fireworks or combustibles offered or exposed for sale, stored or held
in violation of this chapter. The owner shall also be responsible
for the storage and, if deemed necessary, the destruction of these
fireworks.
[Amended 8-14-2023 by Ord. No. 03-2023]
B.
Any Township police officer and the Township Fire Marshal are authorized
to cease all fireworks activity when there is a determination that
there is imminent or immediate danger to any person(s) or any property,
buildings, structures or premises, take any steps necessary, within
the reasonable performance of their duties to extinguish, mitigate
and/or control any fireworks in order to preserve and protect the
life, health, welfare or safety of any person(s) and to preserve and
protect property, building structures or premises.
A.
A person using consumer fireworks in violation of the provisions
of this chapter commits a summary offense and, upon conviction, shall,
in addition to any other penalty authorized by law, be punishable
by a fine of not more than $500. A subsequent offense under this subsection,
committed within three years of a prior conviction under this subsection,
shall constitute a summary offense and, upon conviction, shall, in
addition to any other penalty authorized by law, be punishable by
a fine of not more than $1,000.
[Amended 8-14-2023 by Ord. No. 03-2023]
B.
A person selling consumer fireworks in violation of the provisions
of this chapter commits a misdemeanor of the second degree.
C.
A person selling display fireworks in violation of the provisions
of this act commits a felony of the third degree.
D.
A person selling federally illegal explosives such as devices as
described in 49 CFR 173.54 (relating to forbidden explosives) or those
devices that have not been tested, approved and labeled by the United
States Department of Transportation, including, but not limited to,
those devices commonly referred to as "M-80," "M-100," "blockbuster,"
"cherry bomb" or "quarter or half stick" explosive devices, in violation
of the provisions of this chapter commits a felony of the third degree.
E.
The Township Police and Township Fire Marshal shall have the authority
to enforce the penalty provisions of this chapter against violators.
[Amended 8-14-2023 by Ord. No. 03-2023]
[Added 8-14-2023 by Ord. No. 03-2023]
If any section, paragraph, sentence, clause, or phrase of this
chapter is declared unconstitutional, illegal, or otherwise invalid
by the judgment or decree of any court, that invalidity shall not
affect any of the remaining sections, paragraphs, sentences, clauses,
or phrases.
