[HISTORY: Adopted by the City Council of the City of Monessen 6-18-2008 by Ord. No. 7-2008. Amendments noted where applicable.]
The terms "consumer fireworks," "display fireworks" and "municipalities," where referred to in this chapter, shall be defined as set forth in the Pennsylvania Fireworks Act, 35 P.S. § 1271. These terms do not include devices as ground and hand-held sparkling devices, novelties and toy caps in APA Standard 87-1, the sale, possession and use of which are permitted at all times throughout this commonwealth.
The City shall require that a qualified applicant for a fireworks license shall post a bond in an amount deemed adequate by the City Code Enforcement Officer in a sum not less than $500, conditioned for the payment of any and all damages which may be caused either to a person or persons or to property by reason of the licensed fireworks display and arising from any acts of the licensee, his agents, employees or subcontractors.
Council shall, by Resolution, adopt reasonable rules and regulations governing the granting of permission by the Code Enforcement Officer for displays of consumer fireworks and display fireworks to be held within the City. The rules and regulations adopted by Council shall include the following:
Every display of consumer fireworks and/or display fireworks shall be handled by a competent operator;
Every display of consumer fireworks and/or display fireworks shall be of such character and located, discharged or fired so as to be nonhazardous to property nor a danger to any person or persons in the opinion of the Municipal Fire Chief, or such other officer as Council may designate, after proper inspection;
All licenses for the possession and use of consumer fireworks and display fireworks shall state the purpose of the license and shall be lawful for that purpose only;
No licensee shall transfer any license issued under this chapter.
The City has no authority to issue, and shall not issue, any license for the sale of consumer fireworks, and such sales shall be illegal within the City unless the seller possesses and prominently displays the appropriate license issued by the Pennsylvania Department of Agriculture, in accordance with 35 P.S. §§ 1271 through 1278.
The City has no authority to issue, and shall not issue, any license for the storage and sale of consumer fireworks and related items. Such a facility shall be illegal within the City unless the owner or operator possesses and prominently displays the appropriate license issued by the Pennsylvania Department of Agriculture, in accordance with 35 P.S. §§ 1271 through 1278.
Any business entity which performs, provides or supervises firework displays or exhibitions for profit shall possess and display evidence of its annual registration with the Attorney General of the Commonwealth of Pennsylvania.
At such time as Council may deem it necessary or appropriate, Council may, by resolution, adopt reasonable rules and regulations which will permit the Code Enforcement Officer to grant licenses for the use of suitable fireworks for agricultural purposes in connection with the raising of crops and the protection of crops from bird and animal damage.
The following penalties for the illegal use or sale of consumer and display fireworks, as defined herein, and the sale of federally illegal explosives, as described in 49 CFR 173.54, shall apply:
Any person, copartnership, association or corporation using fireworks in violation of the provisions of this section commits a summary offense, and, upon conviction, shall be punished by a fine of not less than $25 and not more than $100;
Any person, copartnership, association or corporation selling federally illegal explosives such as devices as described in 49 CFR 173.54 (relating to forbidden explosives) or those devices that have not been tested, approved and labeled by the Federal Department of Transportation, including, but not limited to, those devices commonly referred to as "M-80; "M-100," "blockbuster," "cherry bomb" or "quarter or half stick" explosive devices, in violation of the provisions of the Pennsylvania Fireworks Act, commits a felony of the third degree.
Editor's Note: See 35 P.S. § 1271 et seq.
When acts or conduct of persons, groups or entities violates a provision of this chapter, or when such acts or conduct endangers other people, private or public property, or when such acts constitute a nuisance, the police are authorized to determine the violation and cause such acts to be terminated, or to expel the perpetrators of such acts from the area, to arrest and detain such individual or individuals, or to file a complaint or issue a citation with a District Justice for violation of this chapter. The police shall take, remove or cause to be removed, at the expense, jointly and severally, of the owner and/or possessor, all stocks of consumer fireworks or display fireworks or combustibles offered or exposed for sale, used, stored or held in violation of this chapter. The owner and/or possessor shall also be responsible for the storage and, if deemed necessary, the destruction of the fireworks.