[HISTORY: Adopted by the Board of Supervisors
of the Township of Pocopson 4-29-2019 by Ord. No. 2-2019.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 147.
[1]
Editor's Note: This ordinance also repealed former Ch. 78,
Fireworks, adopted 8-26-2002 by Ord. No. 2-2002, as amended.
The chapter is adopted pursuant to the authority granted pursuant
to Act 43 of 2017, which adopted House Bill No. 542 of 2017, amending
the Tax Reform Code of 1971, codified in 72 P.S. §§ 9401
through 9416, 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 fireworks
laws, properly regulate the use of fireworks within the Township,
and to protect the public health, safety and welfare.
The following words and terms shall, for purposes of this chapter,
have the meanings shown herein:
The Pennsylvania Fireworks Law as adopted by the Commonwealth
of Pennsylvania General Assembly with an effective date of October
30, 2017.[1]
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).
The National Fire Protection Association Standard 1124, Code
for the Manufacture, Transportation and Storage of Fireworks and Pyrotechnic
Articles, 2006 edition, or any subsequent edition.
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business whether or not a person is actually
present.
A structure, other than a permanent structure with fixed
utility connections, which is in use or in place for a period of 20
consecutive calendar days or less and is dedicated to the storage
and sale of consumer fireworks and related items. The term includes
temporary retail sales stands, tents, canopies and membrane structures
meeting the specifications of NFPA 1124. The term shall not include
a structure that is not licensed to sell consumer fireworks under
this chapter.
[1]
Editor's Note: See 72 P.S. § 9401 et seq.
The use, sale and storage of consumer fireworks within the Township
shall comply with Act 43 of 2017.[1]
[1]
Editor's Note: See 72 P.S. § 9401 et seq.
A.
The possession and use of display fireworks within the Township shall
comply with Act 43 of 2017 and the Fire Code. 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.
B.
Bond. The Township shall require a bond deemed adequate by the Board from the permittee in a sum not less than $50,000 conditioned on the payment of all damages which may be caused to a person or property by reason of the display fireworks and arising from an act of the permittee or an agent, an employee or a subcontractor of the permittee. The bonding requirement may be deemed unnecessary or reduced in amount by the Board of Supervisors for the additional activities listed under § 78-4A(1) through (6) above.
C.
Extension of permit.
(1)
Authorization. If, because of unfavorable weather, the display fireworks
for which a permit has been granted do 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.
Any person or entity that uses or sells consumer fireworks in
violation of the provisions of this chapter shall be prosecuted in
accordance with Act 43 of 2017.[1] Any person or entity selling display fireworks in violation
of the provisions of this chapter shall be prosecuted in accordance
with Act 43 of 2017.
[1]
Editor's Note: See 72 P.S. § 9401 et seq.
