[HISTORY: Adopted by the Township Council
of the Township of College 4-7-2005 by Ord. No. O-05-04. Amendments noted
where applicable.]
GENERAL REFERENCES
Fees — See Ch. A203.
As used in this chapter, the following terms
shall have the meanings indicated:
[Added 9-21-2023 by Ord. No. O-23-08]
The term includes a combustible or explosive composition or
any substance or combination of substances which is intended to produce
visible or audible effects by the construction, performance, composition
and labeling requirements promulgated by the Consumer Projects Safety
Commission in 16 CFR (related to commercial practices) or any successor
regulations and complies with the provisions for consumer fireworks
as defined in APA 87-1, the sale, possession and use of which shall
be permitted throughout this commonwealth.
The term does not include devices such as ground and hand-held
sparkling devices, novelties or toy caps in APA 87-1, the sale, possession
and use of which shall be permitted at all times throughout this commonwealth.
The area immediately surrounding the fireworks mortars used
for an outdoor fireworks display.
The immediate area where a fireworks display is conducted,
including the discharge site, the fallout zone and the required separation
distance from mortars to spectator viewing areas, but not including
the spectator viewing areas or vehicle parking areas.
The designated area in which hazardous debris is intended
to fall after a pyrotechnic device is fired.
Any device intended to produce visible and/or audible effects
by combustion, deflagration or detonation, and which meets the definition
of "consumer (Explosives 1.4G)", "theatrical and novelty (Explosives
1.4S)" or "display (Explosives 1.3G)" fireworks as set forth in the
United States Department of Transportation's (DOT) Hazardous Materials
Regulation, Title 49, Code of Federal Regulations (CFR), Parts 171-180.
A tube from which certain aerial devices are fired into the
air.
Organization which provides several standards that outline
recommendations for the manufacture, storage, transportation and execution
of fireworks.
For the purposes of this chapter, any time a fireworks display
is to be put on by one person(s) to celebrate an event which has no
relation to the surrounding community, is not put on by a local organization
or is put on to celebrate a public holiday. The following events are
considered to be for personal or private benefit, including but not
limited to parties, weddings, barbeques or other event in which the
general public is not invited.
For the purposes of this chapter, any time a fireworks display
is to be put on by an organization, group of individuals, public institution
or government to celebrate an event or holiday where the general public
is invited to attend.
[Amended 9-21-2023 by Ord. No. O-23-08]
B.
Exceptions to use.
(1)
On July 2, 3, and 4 and December 31, when consumer fireworks may
be used until 1:00 a.m. the following day.
(a)
When July 4 falls on Tuesday, Wednesday or Thursday, consumer
fireworks may be used until 1:00 a.m. on the immediately proceeding
and following Friday and Saturday.
(2)
On Memorial Day, including the immediately preceding Saturday and
Sunday, consumer fireworks may be use until 1:00 a.m.
(3)
On Labor Day, including the immediately preceding Saturday and Sunday,
consumer fireworks may be used until 1:00 a.m.
From and after the passage of this chapter,
display fireworks shall be permitted subject to the following requirements:
A.
Nonprofit, not-for-profits or private entities wishing
to provide a public benefit through celebration using fireworks shall
be permitted with the following limitations:
(1)
An application for fireworks display must be completed.
(2)
Notification of residents within one-half mile radius
of the fireworks display site fallout zone or through the newspaper
of general circulation (Centre Daily Times). Notification does not
need to be provided for any testing of the fireworks prior to the
date of the actual display.
B.
Private individuals or firms wishing to have a fireworks
display for personal or private benefit shall be permitted to do so
with the following limitations:
(2)
Fireworks displays shall be allowed in all districts
given that the fireworks shall be launched in a manner as to not be
hazardous to any person or property following NFPA 1123, Code for
Fireworks Display, and NFPA 1126, Standard for the Use of Pyrotechnics
before a Proximate Audience.
(3)
Fireworks displays shall be put on by a professional,
competent fireworks company or individual(s) trained to put on fireworks
displays and shall follow all applicable state laws.
(4)
The fallout zone must be appropriately sized for aerial
shells, the minimum required radius of the display site shall be 70
feet per inch (22 m/25 mm) of the internal mortar diameter of the
largest aerial shell to be fired, as shown in NFPA 1123, "Code for
Fireworks Display," Table 5.1. 3.1, as amended.
[Amended 9-16-2021 by Ord. No. O-21-05]
(5)
The fallout zone and discharge site must be located
at least 1,000 feet from any structure on adjoining property. If there
are any structures within 1,000 feet of the display site, written
permission from the property owners affected shall be required.
C.
Notification of all residents shall be provided no
less than one week before the scheduled display. Indoor use of fireworks
shall be exempted from this requirement. Notification may be given
through notices handed out to all residents, mailing of the notices
to all residences or through an advertisement in the Centre Daily
Times. In any case, the notice shall give the following information:
(1)
Name, address and phone number of individual, group
or organization sponsoring the fireworks display;
(2)
Name and phone number of contact person directly responsible
for organizing the fireworks display;
(3)
Reason for the fireworks display;
(4)
Name, address and phone number of the company doing
the fireworks display and;
(5)
Name and phone number of the contact person at the
fireworks company responsible for this particular fireworks display.
D.
Along with the fireworks display application, the
following needs to be completed and provided to the township:
(1)
A copy of the certificate of insurance.
(2)
Written permission from property owner for use of
the property for fireworks display.
(3)
Written permission from the State College police indicating
their approval of the fireworks display.
(4)
Written permission from Alpha Fire Chief indicating
his approval of the fireworks display.
(5)
A copy of the notice that will be sent to the residents
or placed in the newspaper.
(6)
A list of three references from the fireworks company,
including the names, addresses and phone numbers of individuals/organizations
responsible for organizing the referenced events.
(7)
Graphic representation of the display site.
(8)
Size of the largest shell to be used for the display.
E.
Fireworks displays shall not be permitted to continue
past 11:00 p.m. local time.
[Added 4-5-2007 by Ord. No. O-07-08]
Nothing in this chapter shall be construed to
prohibit any of the following:
A.
A licensed facility from selling any consumer fireworks
or the year-round sale of any kind of consumer fireworks to out-of-state
residents whose status is verified, provided the same are to be transported
directly out of state by the seller or purchaser.
B.
The manufacture, transportation or storage of fireworks
at a manufacturing facility pursuant to 34 Pa. Code §§ 5.51
through 5.67.
C.
The research, testing or development of pyrotechnic
products.
D.
The sale, transportation, handling or use of industrial
pyrotechnic devices or fireworks such as railroad torpedoes, fuses,
automotive, aeronautical and marine flares and smoke signals for signal
or illumination purposes.
E.
The sale and use of blank cartridges for use in a
show or theater; for signal or ceremonial purposes; in athletics or
sports.
F.
The use of pyrotechnics in training by the fire service,
law enforcement or similar government agencies.
G.
The use of fireworks for agricultural purposes in
connection with the raising of crops and the protection of crops from
bird and animal damage.
H.
The use of fireworks or pyrotechnics for quarrying,
blasting or other industrial purposes.
[Amended 9-21-2023 by Ord. No. O-23-08]
Any person violating any of the provisions of this chapter and
all persons in charge or standing in loco parentis to any child or
children who have not arrived at the age of criminal responsibility
and who have violated any provisions of this chapter shall, upon conviction
thereof before the District Magistrate, be subject to a fine as set
forth by resolution by College Township Council and consistent with
the fines prescribed under Title 3, Chapter 11, as amended.[1]
[1]
Editor's Note: See 3 Pa.C.S.A. § 1114.
