[HISTORY: Adopted by the Council of the City of Coatesville, Art.
I, 10-10-1989 by Ord. No. 845-89 as Ch. 97, Art. I, of the 1989 Code; Art.
II, 8-22-1994 as Ord. No. 973-94. Amendments noted where applicable.]
[Adopted 10-10-1989 by Ord.
No. 845-89 as Ch. 97, Art. I, of the 1989 Code]
From and after the passage and final adoption of this Article, it shall
be unlawful and it is hereby prohibited for any person, persons, firm or corporation
to store, sell, offer or expose for sale at retail, or have in their possession
with intent to sell at retail or with intent to use, within the City of Coatesville,
any air rifle or air pistol (commonly known as "BB gun"), water pistol, slingshot,
switchblade knife, the blade of which can be opened or released by mechanical
means, or any similar devices. A "sale at retail" shall mean any sale of less
than one (1) dozen such articles or any sale to anyone who is not a bona fide
dealer therein.
The Chief of Police of the City of Coatesville is hereby authorized
to seize, remove and destroy any air rifle or air pistol (commonly known as
BB gun), water pistol, slingshot, switchblade knife, the blade of which can
be opened or released by mechanical means, or similar device, which is used
or discharged within the City of Coatesville or which shall be held and possessed
in violation of this Article, provided always that the sale, use or possession
of switchblade knives as herein defined shall not be deemed to prohibit the
sale or use of knives falling within the above description which are designed
primarily for use in hunting or fishing when sold to and carried and used
by a duly licensed hunter or fisherman for such purposes.
The provisions of this Article shall not apply to air guns or pistols,
gas-powered guns or pistols having rifled barrels and being commonly used
for target practice and the shooting of small game. For the purpose of this
Article, such articles shall be deemed to be a deadly weapon and may be sold
by dealers licensed to sell firearms after proper application has been made
by the purchaser thereof on forms prepared by the Chief of Police of the City
of Coatesville and supplied by him to the dealer. The dealer shall have the
prospective purchaser of such weapon fill out the application and shall immediately
thereafter file a copy of said application with the Chief of Police of the
City of Coatesville. If the Chief of Police does not notify the dealer that
he has any objection to the sale within a period of forty-eight (48) hours
thereafter, then the dealer may complete the sale and file a record of such
completion with the Chief of Police on forms to be supplied by said Chief.
[1]
Editor's Note: Former § 112-4, License required to carry
certain guns, as amended, was repealed 9-9-1996 by Ord. No. 1033-96.
[Amended 5-28-1996 by Ord.
No. 1012-96]
Any person or persons, firm or corporation violating any of the provisions
of this Article shall, upon conviction in summary proceedings, be subject
to a fine of not more than six hundred dollars ($600.) or to undergo imprisonment
in the Chester County Prison for a period of not more than ninety (90) days,
or both such fine and imprisonment.
[Adopted 8-22-1994 as Ord.
No. 973-94]
In order to protect life and property in the City of Coatesville, it
shall be unlawful within the corporate limits of the city for any person or
persons, firm or corporation to sell or offer for sale, or have in his or
her possession for sale, any fireworks of any kind, character or composition.
Nothing in this Article shall be construed to prohibit any resident wholesaler,
dealer or jobber to sell at wholesale such fireworks as are not herein prohibited;
or the sale of any kind of fireworks provided the same are to be shipped directly
out of state in accordance with the Department of Transportation (DOT) regulations
covering the transportation of explosives and other dangerous articles by
motor, rail and water.
As used in this Article, the following terms shall have the meanings
indicated:
Includes any combination or explosive composition, or any substance
or combination of substances, or articles prepared for the purpose of producing
a visible or an audible effect by combustion, explosion, deflagration or detonation,
and shall include black cartridges, toy pistols, toy cannons, toy canes, toy
guns in which explosives are used, the type of balloons which require fire
underneath to propel the same, firecrackers, torpedoes, skyrockets, roman
candles, dayglo bombs, sparklers or other devices of like construction and
any device containing any explosive or flammable compound.
A.
The manufacture of fireworks is prohibited within the
City of Coatesville.
C.
The Fire Chief shall adopt reasonable rules and regulations for the granting of permits for the supervised public displays of fireworks by fair associations, amusement parks, and other organizations or groups of individuals. Such permits may be granted upon application to the Fire Chief after approval of the Chief of Police and the filing of a bond by the applicants as provided in § 112-9. Every such display shall be handled by a competent operator approved by the Fire Chief and shall be of such composition, character and so located, discharged or fired as in the opinion of the Fire Chief after proper inspection, and shall not be hazardous or endanger any person or persons.
D.
Applications for permits shall be made in writing at
least thirty (30) days in advance of the date of the display. After such privilege
has been granted, sale, possession, use and distribution of fireworks for
such display shall be lawful for that purpose only. No permit granted hereunder
shall be transferable.
E.
The sale, possession, use and distribution of fireworks
for display purposes shall be conducted so as to be reasonably safe to persons
and property. Evidence that the sale, possession, use and distribution of
fireworks for display purposes has been conducted in accordance with the applicable
standard specified in NFPA No. 1122L shall be evidence that such design, construction
and use provides reasonable safety to persons and property.
F.
The Fire Chief may adopt reasonable rules and regulations
for the use of model rockets. The design, construction, and use of model rockets
shall be reasonably safe to persons and property. Evidence that the design,
construction and use of model rockets is in accordance with the applicable
standard specified in NFPA No. 1122L shall be evidence that such design, construction,
and use provides reasonable safety to persons and property.
A.
The Fire Chief shall require a bond from the permittee
in a sum not less than one hundred thousand dollars ($100,000.), conditioned
on compliance with the provisions of this Article.
B.
Before any permit for a pyrotechnic display shall be
issued, the person, firm or corporation making application therefore shall
furnish proof of financial responsibility to satisfy claims for damages to
property or personal injuries arising out of any act or omission on the part
of such person, firm or corporation or any agent or employee thereof, in such
amount, character and form as the Fire Chief determines to be necessary for
the protection of the public.
Any fireworks that remain unfired after the display is concluded shall
be immediately disposed of in a way safe for the particular type of fireworks
remaining.
The Fire Chief shall seize, take, remove or cause to be removed at the
expense of the owner all stocks of fireworks offered or exposed for sale,
stored or held in violation of this Article.
It shall be unlawful and a violation of this Article for any person
to set, kindle or maintain any bonfire or rubbish fire or authorize any such
fire to be set, kindled or maintained at any time or anywhere in the city.
Any person or persons, whether as principal, agent or employee, or any
firm or corporation, violating any of the provisions of this Article shall
upon conviction in summary proceedings, be sentenced to pay a fine not more
than six hundred dollars ($600.) or imprisonment in the jail of Chester County
for a period of not less than ninety (90) days, or both such fine and imprisonment.
