[HISTORY: Adopted by the Board of Commissioners of the Township of Shaler 7-8-2014 by Ord. No. 1925. Amendments noted where applicable.]
It is the intent of this chapter to protect the health, safety and welfare of the general public through limiting the use of fireworks. Fireworks, by nature, contain explosives which when misused can damage property and endanger human life. This chapter prohibits the use of display fireworks by the general public but allows for public displays of display fireworks by professional competent pyrotechnicians in a safe manner. This chapter also prohibits all fireworks, whether consumer or display fireworks, without a permit.
As used in this chapter, the following words and terms shall have the meanings ascribed in this section unless the context of their usage clearly indicates another meaning:
- A. 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 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 (relating to the Standard for Construction for Approval for Transportation of Fireworks, Novelties and Theatrical Pyrotechnics), or any successor standard.
- B. The term does not include devices known 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 as set forth herein.
- Any composition or device designed to produce a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of consumer fireworks in this section.
- GROUND AND HANDHELD SPARKLING DEVICES
- Any devices designed to produce a shower of sparks or a cloud of smoke, do not rise into the air or shoot projectiles into the air, and do not explode or produce a report. They include: cylindrical fountains, cone fountains, illuminating torch, wheels, ground spinners, flitter sparklers, toy smoke devices and wire sparklers/dipped sticks (the larger-type wire sparkler, up to 100 grams of pyrotechnic composition per item).
- A device containing small amounts of pyrotechnic and/or explosive composition but does not fall under the category of consumer fireworks. Such devices produce limited visible or audible effects. Examples are snakes, tanks, poppers, snappers, toy smoke devices (not more than five grams of pyrotechnic composition), snakes/glow worms (less than two grams of composition), and wire sparklers/dipped sticks (up to 100 grams of composition).
- The Township of Shaler.
- TOWNSHIP MANAGER
- The Manager of the Township of Shaler.
- TOY CAPS
- Are plastic or paper caps for toy pistols in sheets, strips, rolls or individual caps containing not more than 16 milligrams of composition per cap.
On and after the first day of August 2008, it shall be unlawful for any person or corporation to sell, offer for sale or expose for sale or have in his, her or its possession with intent to sell, use, discharge or cause to be discharged, ignited, fired or otherwise set in action, within the limits of the Township of Shaler, any consumer fireworks, except in compliance with the provisions of this chapter.
The sale of ground and handheld sparkling devices, novelties and toy caps shall be a permitted use in all NS Neighborhood Shopping Districts, in all GC General Commercial Districts and in all I Industrial Zoning Districts in the Township.
The possession and use of ground and handheld sparkling devices, novelties and toy caps shall be a permitted in all zoning districts in the Township.
The use of fireworks, consumer fireworks or display fireworks shall be strictly prohibited at any location within 200 feet of any structure, property line, vehicle or roadway unless prior written permission is received from all property owners within the two-hundred-foot area and the Township.
It shall be unlawful for any person, persons, firms or corporations, amusement parks, fair associations or other organizations or groups of individuals to use and/or hold public displays of display fireworks within the limits of the Township of Shaler unless a permit therefor is first granted by Shaler Township, as hereinafter provided.
The applicant for a permit to display fireworks within this Township must comply with and abide by any and all Pennsylvania and federal statutes and regulations and any and all applicable county or other local regulations governing the use, storage and display of fireworks, including but not limited to the International Fire Code, as amended, before receiving a permit under this chapter. All Pennsylvania, federal, county and other local laws and regulations are incorporated herein by reference. All regulations relating to the display of fireworks under the International Fire Code and/or Uniform Construction Code are also incorporated herein by reference. In the event of an inconsistency between the aforementioned Pennsylvania, federal, county and other local laws and regulations and this chapter, the more stringent regulation shall apply. The applicant must further receive any and all requisite Pennsylvania, federal, county and/or other local permits and/or licenses relating to the proposed fireworks display.
Every such fireworks display within the limits of the Township shall be handled, arranged, managed and directly supervised by a licensed and certified operator. Every such fireworks use and display within the Township shall be of such a character and so located, discharged or fired as not to be hazardous to property or endanger any person or persons. The Township Fire Marshal or other such officer as may be designated by the Township shall inspect the site where the fireworks are to be used and displayed prior to the issuance of a permit in accordance with the International Fire Code and other applicable regulations and ensure that the site and proposed fireworks display are compliant with said regulations. No permit for the use of fireworks shall be issued until the Township Fire Marshal or other such officer as may be designated by the Township determines that the requested permit may be granted after inspecting the location for the requested display.
An application for a permit shall be made in writing to the Township at least 30 days in advance of the date of the proposed use and display and shall set forth the proposed date, time and location of the use and display, the character and duration thereof, the name and address of the competent operator, and the name and address of the owner or owners of the grounds on which the use and display is to be held, together with the written consent of such owner or owners thereto, and a copy of any permit application required by the International Fire Code. The application for the permit shall also contain copies of any and all state, federal and/or county permits and/or licenses needed for the use and display of fireworks. All applicants shall pay the Township the appropriate reasonable permit fee as set by resolution of the Board of Commissioners from time to time before the issuance of a permit. The Township Board of Commissioners may attach conditions and/or restrictions on any permit for the use and display of fireworks as it may in its sole discretion deem necessary.
If and after such permit is granted by the Township Board of Commissioners or an authorized designee, the possession, use and display of fireworks for the approved display shall be lawful for that purpose, date and time only and will automatically expire at the conclusion of the display for which the permit has been issued. No permit granted hereunder shall be transferable.
No permit for the use and display of fireworks shall be issued to an individual under the age of 18.
The Board of Commissioners of the Township of Shaler shall require liability insurance deemed adequate by the Board from the applicant, permittee or licensee in an amount deemed appropriate by the Board of Commissioners. The liability insurance amount shall be no less than $2,000,000 and shall list Shaler Township, the Board of Commissioners, individually and collectively, as well as the Township employees, agents and consultants, as additional insureds. The liability insurance shall be in a form acceptable to the Township, and no permit for a fireworks display shall be issued unless an acceptable certificate of insurance evidencing the required coverage is received by the Township.
If by reason of unfavorable weather the fireworks display for which a permit has been granted does not take place at the time so authorized, the person to whom such permit was issued may, the following business day, apply to the Township and set forth under oath the fact that such use and display was not made, the reason the use and display did not take place, and a request for a continuance of such permit for a day designated therein. The continuance date shall be no later than one week (seven days) after the day fixed originally in said permit. Upon receiving such application for a continuance, the Township, if it believes the facts stated therein are true, may extend the provisions of said permit to the day fixed in said application, no later than one week (seven days) after the original day designated in the permit, and such extension of time shall be granted without the payment of any additional fee and without requiring any insurance other than the certificate of insurance given for the original permit, provided that the provisions of the original certificate of insurance extend to and cover all damages which may be caused by reason of said use and display taking place at such extended date in the same manner and to the same extent as if such use and display had taken place at the date originally fixed in the permit.
In the event of any violation of this chapter or of the terms, conditions or limitations noted on a permit for the display of fireworks, or in the event of any unsafe condition occurring before or during the course of a fireworks display, or in the event of any unsafe condition occurring as a result of any use of consumer, display or other fireworks within the Township, the Pennsylvania State Police, Shaler Township Police, the Township Fire Marshal or the appropriate Township designee, or any other authorized Township representative, may, before or during the unsafe and/or violating occurrence, order such fireworks use or display to be stopped in the interest of public safety.
Any person, firm, corporation or group of individuals found in violation of this chapter shall, upon conviction before any Magisterial District Judge, be sentenced to pay a fine of $1,000 per day for each and every offense as well as costs of prosecution and, in default of payment thereof, to imprisonment for a term not to exceed 90 days. Each incident in violation of this chapter shall be considered a separate offense and may be punishable as such.