[HISTORY: Adopted by the Board of Supervisors of the Township of Antrim 8-22-2006 by Ord. No. 303. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning  — See Ch. 59.
This chapter shall be known as the "Antrim Township Fireworks Ordinance."
The Board of Supervisors of Antrim Township, Franklin County, Pennsylvania, has determined that displaying fireworks may be hazardous to the health, welfare, safety and property of the citizens of Antrim Township during periods of extremely dry weather conditions, and it is hereby declared to be the policy of Antrim Township to safeguard the citizens of the Township from such hazards.
The following words, terms and phrases, when used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings ascribed to them:
BOARD
Antrim Township Board of Supervisors.
CONSUMER FIREWORKS
The term "consumer fireworks" shall mean and include combustible or explosive composition or any 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 commercial 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) or any successor standard. The term does not include such devices as "ground and handheld sparkling devices," "novelties" and "toy caps" in APA Standard 87-1, the sale, possession and use of which shall be permitted at all times throughout this Township.
DISPLAY FIREWORKS
Large fireworks designed primarily to produce visible or audible effects by combustion, deflagration or detonation. This term includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks." Display fireworks are classified as fireworks UN0333, UN0334 or UN0335 by the U.S. Department of Transportation at 49 CFR 172.101. This term also includes fused setpieces containing components which together exceed 50 milligrams of salute powder.
EMA COORDINATOR
Emergency Management Agency Coordinator of Antrim Township.
FIRE CHIEF
The Fire Chief of the Rescue Hose Company.
PERSON
As used herein, refers to any natural person, any partnership, any corporation and/or association.
A. 
Any person seeking to display consumer or display fireworks within the territorial limits of Antrim Township must acquire a permit from the Board and complete an application as provided by the Township.
B. 
No person shall display consumer or display fireworks within the limits of the Township without first obtaining a permit.
C. 
No permit shall be issued to any person under the age of 18 years.
The display of consumer and/or display fireworks shall be only at the location provided for in the approved permit.
A. 
Any person applying for a permit to display fireworks within Antrim Township shall have a minimum of five years' experience in displaying and/or supervising consumer fireworks or display fireworks.
B. 
Any person wishing to display fireworks within Antrim Township shall be properly licensed by the state or federal government, if so required.
C. 
Prior to issuing a permit, an inspection shall be performed by the volunteer fire company whose jurisdiction covers the area where the display is intended to be held.
D. 
If the Fire Chief and/or EMA Coordinator requires certain accommodations or changes to approve the permit, then said permit shall be approved upon the person displaying said fireworks making any and all changes or recommendations as set forth by the Fire Chief and/or EMA Coordinator.
E. 
Any person displaying fireworks shall have on site during the entire length of the display an ambulance staffed by sufficient personnel and fire equipment staffed by sufficient personnel as determined by the Fire Chief and/or EMA Coordinator.
F. 
Any person wishing to display fireworks within Antrim Township shall provide the Township with a liability insurance policy in the aggregate sum of at least $5,000,000 and proof of workers' compensation coverage.
G. 
The Township Zoning Officer shall not issue any permit without approval from the Township Board of Supervisors.
H. 
The Board of Supervisors shall receive opinions from the Fire Chief and/or EMA Coordinator on the proposed event prior to issuing its approval or denial of the event.
A. 
Prior to the issuance of a permit, the Fire Chief of the volunteer fire company and/or the EMA Coordinator and/or his designee shall inspect the area and render an opinion as to whether the display would present a hazard to property and/or persons. The Fire Chief and/or EMA Coordinator shall promptly notify Antrim Township whether his inspection results in an approval or denial of the permit.
B. 
The Fire Chief and/or EMA Coordinator or his designee may impose reasonable conditions upon the display of fireworks and determine whether those conditions have been implemented prior to issuing a permit.
A. 
The fee for the permit shall be $500 per display event. The Board of Supervisors may waive the fee for nonprofit organizations that apply for a permit.
B. 
If the person wishing to make the display is a municipality and the municipality displays fireworks on a regular basis at the same location, then that municipality shall pay a one-time permit fee per year for all displays occurring at that one location.
C. 
The Township will divide said fee: 50% to the Township and 50% to the fire company that conducted the inspections.
The permit granted hereunder shall not be transferable.
The Board shall have the power, from time to time, to determine that extremely dry weather conditions exist during which displaying of fireworks would be hazardous to the health, comfort, safety and property of the citizens of Antrim Township and/or surrounding municipalities. When the Board makes such a determination, display fireworks within the Township will be prohibited until such time as the Board determines that such dry weather conditions no longer exist. The prohibition against display fireworks provided for in this chapter shall take effect upon notification by the Board, EMA Coordinator of the Township and/or any other emergency personnel and shall continue in effect until such prohibition has been terminated by the Board.
A. 
During periods when fireworks are prohibited by the Board, no person shall:
(1) 
Display fireworks within the limits of Antrim Township.
B. 
It shall be prohibited at all times to sell "display fireworks" within the municipal boundaries of Antrim Township.
C. 
Exceptions.
(1) 
Fireworks may be set in the performance of an official duty of any public officer as determined by the Board of Supervisors:
(2) 
Display fireworks may be set with the approval of the Board, provided that:
(a) 
No hazardous or other objectionable condition will be created by such display of fireworks.
The person wishing to conduct the display shall comply with all federal and state laws.
This chapter shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of this chapter shall, upon conviction in a summary proceeding, be punishable by a fine of not more than $1,000 or by imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense. Each section of this chapter that is violated shall also constitute a separate offense.