[HISTORY: Adopted by the Borough Council of the Borough of Abbottstown 10-18-2018 by Ord. No. 2018-01. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CONSUMER FIREWORKS
- The term "consumer fireworks" as defined in 72 P.S. § 9401, as may be amended.
- DISPLAY FIREWORKS
- The term "display fireworks" as defined in 72 P.S. § 9401, as may be amended.
- FIRE CHIEF
- The Fire Chief of United Hook & Ladder Co. 33 or the Chief of the Fire Company which has entered into agreement with the Borough of Abbottstown for protection.
- FIREWORKS LAW
- Act 43 of 2017, 72 P.S. § 9401 et seq., as may be amended.
- PUBLIC OFFICER
- Any police officer, constable or Code Enforcement Officer, sometimes herein referred to as Public Officer, designated by the municipality to enforce the Borough ordinances, and also, to the extent permitted by intrajurisdictional agreement(s), such other police officers duly authorized thereunder.
No consumer fireworks may be discharged within the Borough of Abbottstown before 9:00 a.m. or after 11:00 p.m. except for New Year's Eve, when 11:00 p.m. shall be extended to 1:00 a.m. New Year's Day. No consumer fireworks may be discharged within the Borough of Abbottstown within 150 feet of an occupied structure which term is defined as a structure, vehicle or place adapted for overnight accommodation of persons or for conducting business whether or not a person is actually present.
It shall be unlawful for any persons, firms, or corporations to possess or use display fireworks within the limits of the Borough unless a permit is first granted by the Borough.
Holders of permits to possess and use display fireworks within the Borough must comply with and abide by all Pennsylvania and federal statutes and regulations governing the use and storage of display fireworks, including, but not limited to, the International Fire Code and the Uniform Construction Code (Act 45 of 1999, as amended) ("UCC"). In the event of an inconsistency between the aforementioned state and federal laws and regulations and this chapter, the more stringent statutes and regulations shall apply.
Editor's Note: See 35 P.S. §§ 7210.101 et seq.
Before a permit for the possession and use of display fireworks may be issued, the applicant must apply to the Borough's building code official for a permit under the UCC. If the building code official indicates in writing that no UCC permit is required, the application shall be processed in accordance with this chapter. If a UCC permit is required, the applicant must present the valid UCC permit before a display fireworks permit may be issued under this chapter. If an applicant possesses a valid UCC permit, the site inspection requirements in § 120-4 are waived.
Every use of display fireworks within the Borough shall be handled, arranged, managed, and directly supervised by a competent operator. The Borough Fire Chief and/or Fire Code Official, or other such officer designated by the Borough's Council, shall inspect the proposed site prior to issuing a permit in accordance with the International Fire Code and other applicable regulations and ensure that the site and proposed use of display fireworks are not hazardous to property, will not endanger any person(s) and will be in compliance with said regulations.
An application for a permit shall be made in writing to the Borough at least 30 days in advance of the date of the proposed use of display fireworks, setting forth the proposed date, time, and location, the character and duration thereof, the name and address of the competent operator, and the name and address of the owner(s) of the grounds on which the display fireworks are to be used, with the written consent of such owner(s) and a copy of any permit application required by the International Fire Code and/or the UCC. The application shall contain copies of all state, federal, and local permits and/or licenses needed for the use of display fireworks. All applicants shall pay the Borough the appropriate permit fee identified on the Borough's duly enacted fee schedule and provide proof of liability insurance acceptable to the Borough and the required bond prior to issuance of a permit. The Borough Council or its designee may attach conditions and/or restrictions on any permit for the use of display fireworks as deemed necessary.
Permits granted under this section shall be for the approved purpose, date, and time only, unless extended due to unfavorable weather under § 120-7.
No permit for the use of display fireworks shall be issued to an individual under the age of 21.
No permit for the use of display fireworks shall be issued to an individual unless said individual provides written documentation that he or she has all necessary federal licenses and authorizations to possess, store, and use display fireworks.
No display fireworks shall be ignited within 300 feet of a permanent or temporary fireworks facility licensed by the Pennsylvania Department of Agriculture.
No permit shall be issued to a business entity which performs, provides or supervises the use of display fireworks for profit unless it provides proof of registration with the Pennsylvania Attorney General.
Permits issued pursuant to this chapter may be transferred in accordance with Act 43 of 2017. Such transfers shall take effect only after: 1) the permit holder provides written notice of the proposed transfer to the Borough; and 2) the transferee provides a written statement that he or she agrees to comply with the requirements stated in the permit and this chapter. Both must be provided to the Borough at least 10 days in advance of the transfer.
The Borough shall require a bond from the applicant in an amount deemed appropriate by the Borough Council or its designee. The bond amount shall be no less than $500,000 and shall be provided for the payment of any and all damages caused to any person(s) and property by reason of the display and arising from any acts of the permittee or the permittee's agents, employees, subcontractors, or volunteers. The bond shall be in a form acceptable to the Borough and no permit for the use of display fireworks shall be issued unless an acceptable bond is received by the Borough.
If by reason of unfavorable weather the display for which a permit has been granted does not take place at the time authorized, the permittee may apply to the Borough within 24 hours, setting forth under oath the fact that such display was not made, the reason, and request for a continuance of such permit for a specifically designated day, no later than one week after the day fixed originally in said permit. Upon receiving such application for a continuance, the Borough shall extend the provisions of the permit to the day fixed in the application, no later than one week after the original day designated in the permit, if it believes the facts to be true. Such extension of time shall be granted without the payment of any additional fee or requiring any bond other than the one given for the original permit. The provisions of the original bond shall extend to and cover all damages which may be caused by reason of said display taking place at the extended date in the same manner and to the same extent as if such display had taken place at the date originally fixed in the permit.
Any person violating the provisions of this chapter shall be guilty of a summary offense, and upon conviction thereof, shall be punished by a fine not exceeding $1,000 or by imprisonment not exceeding 30 days or by both such fine and imprisonment.
If any section, clause, provision or portion of this chapter shall be held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this chapter so long as it remains legally enforceable minus the invalid portion. The Borough reserves the right to amend this chapter or any portion thereof from time to time as it shall deem advisable in the best interests of the promotion of the purposes and intent of this chapter, and the effective administration thereof.
This chapter shall be effective at the earliest time permitted by law after adoption.