[[1]HISTORY: Adopted by the Board of Supervisors of the Township
of East Norriton 8-25-2020 by Ord. No. 585. Amendments noted where
applicable.]
[1]
Editor's Note: Former Ch. 97, Firearms and Hunting, adopted
9-4-1956 by Ord. No. 18, as amended, was repealed 2-24-2015 by Ord.
No. 562.
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 72 P.S. § 9401-9416,
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 state fireworks
laws, properly regulate fireworks use within the Township, and to
protect the health, safety and welfare of Township citizens.
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:
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 intended to produce visible and/or audible
effects by combustion and which is suitable for use by the public
that complies with the construction, performance, composition and
labeling requirements promulgated by the Consumer Products Safety
Commission in 16 CFR (relating to consumer practices) or any successor
regulation and which complies with the provisions for "consumer fireworks"
as defined in the American Pyrotechnics Association (APA) Standard
87-1, including but not limited to Sections 3.1 and 3.5, or any successor
standard. The term does not include devices such as "ground and handheld
sparkling devices" as defined in APA Standard 87-1, Section 3.1.1,
"novelties" as defined in APA Standard 87-1, Section 3.2, or "toy
caps" as defined in APA Standard 87-1, Section 3.3.
Defined as more fully set forth in 27 CFR 555.11 (Meaning
of terms), which is incorporated herein by reference which meet the
types of display fireworks devices set forth in the APA Standard 87-1,
Section 4.1, which comply with requirements for display fireworks
set forth in APA Standard 87-1.
Any composition or device for the purpose of producing a
visible or an audible effect for entertainment purposes by combustion,
deflagration or detonation that meets the definition of 1.4 G fireworks
or 1.3 G fireworks as set forth in the 2003 International Fire Code,
including, but not limited to, those compositions or devices as defined
in APA Standard 87-1.
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.
Articles of trade having amusement value and whose appeal
is often transitory, and which is limited to those items for sale
described in American Pyrotechnics Association (APA) Standard 87-1,
Section 3.2.
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 facility 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 facility
that is not licensed to sell consumer fireworks under this chapter.
A.Â
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.Â
Prohibitions. A person may not intentionally ignite or discharge:
(1)Â
Consumer fireworks on public or private property without the express
permission of the owner.
(2)Â
Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building.
(3)Â
Consumer fireworks or sparkling devices into or at a motor vehicle
or building or at another person.
(4)Â
Consumer fireworks or sparkling devices while the person is under
the influence of alcohol, a controlled substance or another drug.
(5)Â
Consumer fireworks within 150 feet of any occupied structure.
(6)Â
Consumer fireworks within 100 feet of any combustible material.
(7)Â
Consumer fireworks such that the sparks or any portion of the fireworks
will land upon the property of another without the owner's express
permission.
(8)Â
Consumer fireworks two hours after dusk on the date the person intends
to ignite the consumer fireworks, "dusk" being defined as the time
as reported for East Norriton Township by the National Weather Service.
C.Â
It is hereby ordained and enacted that no permission is granted by
the Township to any person to ignite or discharge consumer fireworks
on the streets of the Township of East Norriton, the sidewalks of
the Township of East Norriton or any property owned by the Township
of East Norriton, including, without limitation, all of the Township's
parks and public buildings, unless otherwise authorized by a public
vote of the Board of Supervisors.
D.Â
Sale and storage of consumer fireworks. The sale and storage of consumer
fireworks is licensed and regulated by the Pennsylvania Department
of Agriculture. Any persons 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, regulations
or codes.
A.Â
Conditions. If a person is licensed by the Pennsylvania Department
of Agriculture to store and sell consumer fireworks within a temporary
structure as defined herein, such use shall be permitted within the
Township, provided all other applicable Township ordinances and regulations
are met.
B.Â
The person authorized to store and sell consumer fireworks within
such temporary structure shall comply with the regulations of the
Pennsylvania Department of Agriculture and shall provide verification
of such compliance prior to be permitted to conduct such use within
the Township.
A.Â
No display fireworks shall be ignited within 300 feet of a facility
selling or dispensing gasoline, propane, or other flammable products.
B.Â
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.Â
Permits for display fireworks may only be issued to persons age 21
or older.
D.Â
Each display firework shall be:
(1)Â
Handled by a competent operator with the proper authorization to
handle, operate or store display fireworks;
(2)Â
Inspected by the Police Chief, Fire Chief, Fire Marshal or other
appropriate officer and, after proper inspection, deemed to not be
hazardous to property or endanger any person prior to the display
occurring; and
(3)Â
After permission is granted under this section, possession and use
of display fireworks shall be lawful for that purpose only.
E.Â
License requirements. Any business entity which performs, provides
or supervises display fireworks for profit shall provide to the Township
proof of registration with the Pennsylvania Attorney General as part
of the permitting process.
F.Â
Display fireworks may be possessed and used by a person (aged 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)Â
For agricultural purposes in connection with the raising of crops
and the protection of crops from bird and animal damage.
(2)Â
By railroads or other transportation agencies for signal purposes
or illumination.
(3)Â
In quarrying or for blasting or other industrial use.
(4)Â
In the sale or use of blank cartridges for a public show or theater.
(5)Â
For signal or ceremonial purposes in athletics or sports.
(6)Â
By military organizations or organizations composed of veterans of
the armed forces of the United States.
A.Â
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, employee or subcontractor of the permittee. The bonding requirement may be deemed unnecessary or reduced by the Board of Supervisors for the additional activities listed under § 97-5F above.
B.Â
Extension of permit.
(1)Â
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 not be later than one
week after the date originally designated in the permit.
(2)Â
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.Â
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.Â
Duration of permit. A permit under this section shall remain in effect
for the calendar year in which it was issued.
C.Â
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.Â
Any Pennsylvania State Police officer or 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.
B.Â
Any Pennsylvania State Police officer, Township police officer or
Township Fire Chief is authorized to cease all fireworks activity
when there is a determination that there is imminent or immediate
danger to any person(s), property, buildings, structures or premises,
and said police officer or Fire Chief may 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.Â
A person using consumer fireworks in violation of the provisions
of this chapter commits a summary offense and, upon conviction, shall
be punished by a fine. Each section or provision of this chapter that
is violated shall constitute a separate offense, each of which shall
be punishable by a separate fine imposed by the District Justice of
not less than $100 and not more than $1,000.
B.Â
A person selling consumer fireworks in violation of the provisions
of this chapter commits a misdemeanor of the second degree.
C.Â
A person selling display fireworks in violation of the provisions
of this act commits a felony of the third degree.
D.Â
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.Â
All prosecutions related to this chapter shall be the responsibility
of the Township police or, if warranted, the Pennsylvania State Police.
