[HISTORY: Adopted by the Borough Council of the Borough of Bridgeport 9-7-2018 by Ord. No. 2018-008. Amendments noted where applicable.]
Editor's Note: This ordinance also superseded former Ch. 284, Fireworks, adopted 6-2-1970 by Ord. No. 322, approved 6-2-1970 (Ch. 76 of the 1975 Code), as amended.
The Borough of Bridgeport finds it necessary to enact appropriate legislation in order to ensure that all persons, guests, buildings, structures, and real estate within the Borough are safe from the potential danger of the use of unregistered, unregulated, and/or inherently dangerous activities in connection with the use, sale, and possession of consumer and display fireworks.
It is hereby declared to be the public policy of Bridgeport Borough to foster safety and security within the boundaries of the Borough of Bridgeport from the dangerous use, sale, and possession of fireworks is paramount to the duties and expectations bestowed upon the honorable members of the Bridgeport Council.
This chapter shall be deemed an exercise of the police power of Bridgeport Borough for the protection of the public welfare, prosperity, health and peace of the Bridgeport community.
To the extent words and phrases appearing in this chapter are not expressly defined herein, the meaning of the words and phrases in this chapter shall be construed consistently with the Pennsylvania Fireworks Law, Act 43 of 2017. The following words and phrases when used in this chapter shall have the following meanings:
- The Borough of Bridgeport, County of Montgomery, Commonwealth of Pennsylvania.
- BOROUGH COUNCIL
- The Borough Council of the Bridgeport Borough.
- CODE ENFORCEMENT OFFICER
- The enforcement officer, or in his absence or unavailability, the assistant enforcement officer, both being duly designated by the Borough of Bridgeport.
- CONSUMER FIREWORKS
- Shall be the same as are defined in 27 CFR 555.11, and they are any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations set forth in the rules of the U.S. Consumer Product Safety Commission (Title 16, Code of Federal Regulations, Parts 1500 and 1507). Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50 milligrams or less of explosive materials, and aerial devices containing 130 milligrams or less of explosive materials. Consumer fireworks are classified as fireworks by the United States Department of Transportation, 49 CFR 172.101. This term does not include fused set pieces containing components which together exceed 50 milligrams of salute powder.
- DISPLAY FIREWORKS
- Large fireworks shall be the same as are defined in 27 CFR 555.11, and they are designed primarily to produce visible or audible effects by combustion, deflagration, and detonation. This term includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the statutory and regulatory limits of explosive materials for classification as consumer fireworks. Display fireworks are classified as fireworks by the United States Department of Transportation (49 CFR 172.101). This term also includes fused set pieces containing components which together exceed 50 milligrams of salute powder.
- FIRE CHIEF
- Any one of the duly authorized Fire Chiefs of a fire department serving and based in the Borough of Bridgeport, or in his absence or unavailability, the Assistant Fire Chief.
- FIRE MARSHAL
- The Fire Marshal as duly designated and/or employed by the Borough of Bridgeport as a separate official from the Fire Department of the Borough and Fire Chief(s).
- Both consumer and display fireworks, as defined herein, unless specifically identified as either consumer or display fireworks herein.
- An adult individual who is a bona fide resident of Borough of Bridgeport, Montgomery County, Pennsylvania, and who can produce proof thereof upon demand made by any enforcement officer hereunder.
Editor's Note: See 72 P.S. § 9401 et seq.
Except as herein provided, it shall be unlawful for any person, co-partnership, association or corporation to offer for sale, expose for sale, sell at retail, or use, detonate, or explode any type of fireworks, including, but not limited to, consumer fireworks and display fireworks, at any time or in any place within the Borough unless in compliance with the rules, regulations, restrictions, policies, and procedures set forth in this statute.
Any sales or distribution of fireworks within the Borough shall fully comply with all rules, regulations, restrictions, and policies as set forth in the Pennsylvania Fireworks Law, Act 43 of 2017, and through an approval and permit process by the Borough pursuant to this Code.
Consumer fireworks. Consumer fireworks may be possessed, used, and detonated by a resident of the Borough, subject to the following conditions:
The consumer fireworks to be possessed, sold, used or detonated hereunder must qualify strictly as consumer fireworks under the statutes and regulations of the agencies of the United States government and the laws and agencies of the Commonwealth of Pennsylvania. The consumer fireworks hereunder must be manufactured, transported, sold, possessed and used in strict compliance with the aforesaid statutes, regulations, laws and governmental agencies, and the burden to demonstrate such compliance falls upon the resident.
Any bona fide resident of the Borough who desires to possess, sell, use, detonate, or explode any consumer fireworks hereunder must be 21 years of age or older.
Any adult bona fide resident of the Borough who desires to possess, sell, use or detonate any consumer fireworks in the Borough must first register the specific type of consumer fireworks with the designated enforcement officer of the Borough and specify the identity, age, and address of the resident and the time and place where it is desired to possess, sell, use or detonate such consumer fireworks and the specific location of the consumer fireworks until the same are used or detonated. Upon registration of such consumer fireworks when transporting such fireworks, the resident must maintain upon his or her person a written authorization of registration issued by the designated enforcement officer stating that the resident is authorized to possess, sell, use, detonate, or explode only the consumer fireworks specified as set forth in detail in the written authorization of registration issued by the designated enforcement officer.
No written authorization of registration of possession, sale, use, or detonation of any consumer fireworks shall be valid for a period greater than 30 days following its original date of issuance by the enforcement officer.
Any aforesaid authorization of registration of consumer fireworks shall be issued only upon the payment to the Borough of the then prevailing consumer fireworks registration fee as stated in the Schedule of Fees of the Borough.
No consumer fireworks shall be used, exploded or detonated without the prior approval of a duly authorized representative of the Borough, and no authorized and registered consumer fireworks can be exploded or detonated, as follows:
Within any enclosed structure;
Within a 400-foot area of any structure, property line, vehicle or roadway;
Within a fifty-foot area of any other person or persons other than the authorized resident;
Within any area of the Borough designated by the Borough as a residential or commercial zoning district;
Before 12:00 noon and after 9:00 p.m. on any day of the week, unless otherwise provided in the written authorization of registration issued by the enforcement officer;
On public or private property without the express permission of the owner;
Within or to be thrown from a motor vehicle;
Aimed at any person(s) regardless of that person(s)'s distance from the authorized resident;
While a person is under the influence of alcohol or a controlled substance or another drug.
No consumer fireworks may be sold, exploded, or detonated in any location in the Borough other than the specific place or location designated therefor in the written authorization of registration.
The Borough Council shall have the power to grant permits for supervised public displays of display fireworks to be held by municipalities, fair associations, civic organizations, religious organizations, amusement parks and other like organizations or groups of individuals. Such displays can be open to the public by admission tickets or no admission tickets. Every such display shall be implemented and overseen by a competent and licensed pyrotechnic operator to be approved by the enforcement officer, a Fire Chief, or the Fire Marshal representing the Borough or a fire company situated within the Borough. Such public displays of display fireworks shall be of such a nature and shall be so located, and shall be discharged or detonated, only so as not to be hazardous to property and shall not endanger any person or persons when displayed as, in the controlling opinion of the enforcement officer, Fire Marshal, and/or the Chief of the Fire Department and/or such other officer, after proper inspection.
Applications for permits for public displays of display fireworks shall be made, in writing, to the Borough at least 15 days in advance of the date of the display. After such privilege shall have been granted, the sales, possession and use of the display fireworks for such display event or purposes shall be lawful for that submitted purpose only. No permit granted hereunder shall be transferable.
Applications for permits to sell and/or distribute fireworks within the Borough shall not commence or take place absent the filing of a permit with the Borough and permission granted for sale by the Borough.
The Borough Council hereby requires a bond to be provided by any permittee hereunder to conduct a fireworks display in the Borough in an amount not less than $1,000,000, which shall be a condition for approval of the grant of permit and is conditioned for the payment of all damages which may be caused either by or to a person or persons or to property by reason of the permitted display and arising from any acts of the permittee, his or her agents, employees or subcontractors. The Borough also requires proof of liability insurance issued to the permittee in the amount of at least $1,000,000 per claim for the aforesaid purpose from a reputable insurance company authorized to conduct business in the Commonwealth of Pennsylvania. The Borough shall be a named co-insured in such policy of such liability insurance. Further, the licensee or permittee shall indemnify, save harmless and defend the Borough from any injury to persons or damage to property arising out of the use by the permittee of display fireworks by a writing executed prior to the grant of any permit.
If, by reason of unfavorable weather, the display for which a permit has been granted does not take place at the time so authorized, the person to whom such permit was issued may, within 24 hours, apply to the Borough setting forth, under oath, the fact that such display was not made, stating the reason therefor, and requesting the continuance of such permit for a day designated therein, not later than one week after the day fixed originally in said permit.
Each of the restrictions imposed on the possession, use, explosion or detonation of all types of fireworks, whether consumer fireworks or display fireworks, stated hereunder in §§ 284-3 and 284-4, shall apply equally to all types of fireworks sold, used, possessed, detonated, or exploded in the Borough and accordingly, §§ 284-3 and 284-4 hereof shall be specific restrictions generally applicable to the sale, possession and use of all fireworks in the Borough.
In the event of any violation of this chapter or the terms, conditions, or limitations noted on a written registration authorized for the use of consumer fireworks or on a permit for the display of display fireworks, or in the event of any unsafe condition occurring before or during the course of a fireworks public display, or in the event of any unsafe condition occurring as a result of any use of consumer, display, or other fireworks within the Borough of Bridgeport, the Pennsylvania State Police, the Borough of Bridgeport police, Fire Marshal, and/or a Fire Chief of a fire company located in Borough of Bridgeport responsible for fire protection at the place of the event or the appropriate Borough designee or any other duly authorized Borough 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.
The Borough of Bridgeport hereby recognizes the authority of the United States government and the Commonwealth of Pennsylvania and the fireworks laws, rules, or regulations of each jurisdiction, as the same may be amended from time to time, regarding the manufacture, transport, holding, offering or exposing for sale, and the display, use, and possession, of combustible materials and items commonly referred to as "fireworks." Whenever there is any conflict between the terms of this chapter and a statute, rule or regulation of the United States government or the Commonwealth of Pennsylvania, the stricter provision(s) shall apply.
Any person, individual, partnership, co-partnership, association or corporation violating the provisions of this chapter shall be guilty of a summary criminal 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 fine and imprisonment.