[Ord. No. 2023-595, 9/13/2023]
This Part 6 shall be known and may be cited as the Red Hill
Borough Fireworks Ordinance (also cited as "Ordinance" herein).
[Ord. No. 2023-595, 9/13/2023]
Borough Council hereby duly recognizes Act 74 of 2022, also known as House Bill 2157, P.N. 3332, which was adopted by the Pennsylvania General Assembly on July 6, 2022, and signed by the Governor on July 11, 2022, to amend Title 3 Pa.C.S.A. Chapter 11 and became effective on September 9, 2022 (hereafter cited in this Part 6 as the "Fireworks Law"). The Fireworks Law governs the sale, purchase and use of Consumer Fireworks and Display Fireworks in the Commonwealth. The Fireworks Law authorizes Pennsylvania municipalities to prohibit or restrict certain uses of Consumer Fireworks as defined in the Fireworks Law when certain conditions are met. Red Hill Borough Council has determined that the full authority provided by the Fireworks Law should be exercised in the interests of public safety as more particularly set forth in this Part 6.
[Ord. No. 2023-595, 9/13/2023]
For purposes of this Ordinance, the definitions of "Consumer
Fireworks" and "Display Fireworks" shall be consistent with the definitions
for same set forth in Section 1 of the Fireworks Law, as may be amended
from time to time.
[Ord. No. 2023-595, 9/13/2023]
A.
Display Permit. In accordance with the Fireworks Law, a permit is
required for any use of Display Fireworks within the Borough limits.
Permit application forms are available at the Borough Office during
normal business hours. The application must include facts sufficient
to establish that the Display Fireworks will not be ignited within
300 feet of sales locations for Consumer Fireworks and that the Display
Fireworks will be handled by a competent operator at least 21 years
of age who demonstrates evidence of fireworks handling and safety
training, all in accordance with Sections 1102 and 1107 of the Fireworks
Law. The application must include the approval of the Red Hill Fire
Marshal. The application must designate a suitable location to ensure
that Display Fireworks will not be located, discharged, or fired in
such a manner as to be hazardous to property or an endangerment to
any person. The application shall be accompanied by a certificate
of insurance in accordance with Subsection 1102(d) of the Fireworks
Law. The applicant must acknowledge acceptance of the requirements
established by any applicable state and federal laws, rules and regulations.
Permit extensions shall be permitted in accordance with Subsection
1102(e) of the Fireworks Law provided the extension sought receives
a renewed approval by the designated officials that the extended use
would not be hazardous to property or an endangerment to any person.
B.
Agricultural Permit. In accordance with Section 1105(a) of the Fireworks
Law, Red Hill Borough Council may grant permits for the use of Display
Fireworks for agricultural purposes in connection with the raising
of crops and the protection of crops from bird and animal damage.
The application for such a permit must meet the requirements of this
section. A permit under Section 1105 of the Fireworks Law and shall
remain in effect for the calendar year in which it was issued. Sales,
possession, and use of Display Fireworks for the purpose stated in
the permit shall be lawful for that purpose only.
C.
Permit Applications. Applications for use of Display Fireworks shall
be submitted at least two weeks prior to the date of proposed use.
Permits for the use of Display Fireworks may be granted by the Red
Hill Borough Council, Borough Manager, Borough Secretary, or other
authorized Borough staff upon approval of the application and payment
of a permit fee of $250 or as otherwise established by resolution
of Borough Council from time to time.
[Ord. No. 2023-595, 9/13/2023]
A.
Conditions. A person who is at least 18 years of age may purchase,
possess and use consumer fireworks only in a manner consistent with
the Fireworks Law and this Ordinance.
B.
Prohibitions. A person may not intentionally use consumer fireworks:
(1)
On private property or on public property, including, but not
limited to, streets, parking lots, sidewalks, and parks, without the
express permission of the owner or entity that controls the property.
(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.
[Ord. No. 2023-595, 9/13/2023]
A.
In accordance with the provisions of Section 1114(1) of the Fireworks
Law, any person using Consumer Fireworks in violation of the provisions
of this Ordinance, for the first offense 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 Ordinance committed within three years of a prior
conviction shall constitute a summary offense, and upon conviction
shall, in addition to any other penalty authorized by law, be punishable
of a fine of not more than $1,000.
B.
Any person selling Consumer Fireworks in violation of the Law is
punishable in accordance with Section 1114(2) by a fine of not less
than $10,000.
C.
Any person selling or using Display Fireworks in violation of the
Law is punishable in accordance with Section 1114(3) by a fine of
not less than $10,000.
