[HISTORY: Adopted by the Board of Supervisors
of the Township of Birmingham 6-18-2001 by Ord. No. 01-10; amended in its entirety
at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Subsequent amendments noted where applicable.]
The rules and regulations established in this chapter are designed
to supplement the Commonwealth of Pennsylvania's Fireworks Law,
codified at 3 Pa.C.S.A. § 1101 et seq, and to regulate the
use of fireworks in the Township and to prohibit the unauthorized
discharge of the same without a permit in order to protect the health,
safety and welfare of the residents and visitors of the Township.
For the purposes of this chapter, the following definitions
shall apply:
Consumer fireworks.
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 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.
DISPLAY FIREWORKSLarge 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:
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 Act enacted by the Pennsylvania General Assembly to regulate
fireworks which is codified at 3 Pa.C.S.A. § 1101 et seq.,
as amended.
A person who has received a permit from the Township pursuant
to this chapter to discharge or display fireworks in the Township.
Any natural person, corporation, partnership, joint venture,
sole proprietorship, firm, association and any other entity of whatever
type.
The organized and authorized discharge of display fireworks
by the Township or other government agency or a business entity which
is registered with the Attorney General of the Commonwealth of Pennsylvania
and is in the business of performing, providing or supervising fireworks
displays or exhibitions for profit.
It shall be unlawful for any person to offer for sale, sell at retail or use or explode any fireworks in the Township in a manner that is violates the Fireworks Law and the regulations of the Township. Any person who violates this chapter shall be subject to the penalty provisions of § 56-7 and the penalty provisions of the Fireworks Law. Violations shall also include any limitations on time frames within which fireworks may be used as set forth in the Fireworks Law.
A.
The
Board of Supervisors may grant a permit for the supervised public
display of fireworks to be held in the Township, provided that the
Chief of Police certifies to the Board that the permittee is a competent
operator and the public display shall not be hazardous to or endanger
any person or property.
B.
Applications
for permits shall be made on forms supplied by the Township and shall
be accompanied by a filing fee as established by the Board in the
Township's Fee Resolution. Applications must be received at least
15 days prior to the date for the public display.
C.
The Chief of Police shall review the application and shall issue the permit, provided that the permittee is registered with the Commonwealth Attorney General as required by the Fireworks Law, has submitted the bond required by § 56-5 herein, and provided that proper precautions have been or will be taken to assure that the public display shall not be hazardous to or endanger any person or property.
D.
A
permit granted pursuant to this section shall not be transferable
nor shall it be extended beyond the date set forth in the permit except
in accordance with the Fireworks Law.
Prior to the public display of fireworks, the permittee shall
furnish a bond to the Township in an amount to be determined by the
Chief of Police, but in no event less than $50,000 conditioned for
the payment of all damages which may be caused either to a person
or to property by reason of the public display of fireworks.
The Birmingham Police shall be authorized to seize, take, remove
or cause to be removed, at the expense of the owner, all fireworks
offered or exposed for sale, stored or held in violation of this chapter
or the Fireworks Law.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to 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, and each section of this chapter that is violated shall also
constitute a separate offense.
