For purposes of this chapter, the definitions of "consumer fireworks"
and "display fireworks" shall be those set forth in Section 1 of the
Fireworks Law,[1] appearing here as Attachment A to this chapter,[2] and any successor legislation. As set forth therein, the
term "consumer fireworks" shall not include devices such as ground
and handheld sparkling devices, novelties, or toy caps.
A.
In accordance with the Fireworks Law, a permit is required before
any use of display fireworks within the Municipality of Norristown
limits. Permit application forms are available through the Fire Marshal
and Fire Chief during normal business hours. The application must
include facts sufficient to establish that the display fireworks will
not be ignited within 300 feet of sales locations for consumer fireworks
and that the display fireworks will be handled by a competent operator
at least 21 years of age who demonstrates evidence of fireworks handling
and safety training, all in accordance with Sections 1102 and 1107
of the Fireworks Law. The application must include the approval of
the Chief of the Fire Department, or other appropriate official as
may be designated by Municipal Council, and that the display fireworks
will not be located, discharged or fired in such a manner as to be
hazardous to property or an endangerment to any person. The application
shall be accompanied by a certificate of insurance in accordance with
Section 1102(d) of the Fireworks Law. The applicant must acknowledge
acceptance of the requirements otherwise established by state and
federal law. Permit extensions shall be permitted in accordance with
Section 1102(e) of the Fireworks Law, provided the extension sought
receives a renewed approval by the designated official that the extended
use would not be hazardous to property or an endangerment to any person.
B.
Applications for use of display fireworks shall be submitted at least
four weeks prior to the date of proposed use. Permits for the use
of display fireworks may be granted by the Fire Marshal, by the Fire
Chief, or by such official or officials as are so designated by Municipal
Council, upon approval of the application and payment of associated
fees as outlined in the consolidated fee schedule, which shall be
made available upon request.
In accordance with the Fireworks Law, and based upon legislative
findings that there is no location within the Municipality of Norristown
limits that meets statutory requirements, including but not limited
to the prohibition of use within 150 feet of a building or vehicle,
the use of consumer fireworks within those limits, in accordance with
Section 1104(b)(5) of the Fireworks Law, is hereby prohibited.
Nothing in this chapter governs the sale of consumer fireworks
for the period of one year from the effective date of the Fireworks
Law in accordance with Section 1106(a)(2) of the Fireworks Law.
A.
In accordance with the provisions of Section 1114(1) of the Fireworks
Law, any person using consumer fireworks in violation of the provisions
of this chapter, for the first offense, commits a summary offense
and, upon conviction, shall, in addition to any other penalty authorized
by law, be punishable by a fine of not more than $500. A subsequent
offense under this chapter committed within three years of a prior
conviction shall constitute a summary offense, and, upon conviction,
shall, in addition to any other penalty authorized by law, be punishable
of a fine of not more than $1,000.
B.
Any person selling consumer fireworks in violation of the Fireworks
Law is punishable in accordance with Section 1114(2) by a fine of
not less than $10,000.
C.
Any person selling or using display fireworks in violation of the
Fireworks Law is punishable, in accordance with Section 1114(3) by
a fine of not less than $10,000.
All ordinances or resolutions or parts of ordinances or resolutions,
insofar as they are inconsistent herewith, are hereby repealed and
rescinded.
In the event any provision, section, sentence, clause or part
of this chapter shall be held to be invalid, such invalidity shall
not affect or impair any of the remaining provisions, sections, sentences,
clauses or parts of this chapter, it being the intent of the Municipality
of Norristown that the remainder of this chapter shall be and shall
remain in full force and effect.
This chapter shall take effect and be in force from and after
its approval as required by the law.
