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:
CONSUMER FIREWORKS 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.
FIREWORKS 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).
NOVELTY 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).
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 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.
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.