[HISTORY: Adopted by the Borough Council
of the Borough of Lehighton 12-19-2005 by Ord. No. 536-2005; amended in its entirety 10-5-2020 by Ord. No. 658-2020. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition, or any subsequent edition.
Any combustible or explosive composition or any substance or
combination of substances which is intended to produce visible or
audible effects by combustion, is suitable for use by the public,
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 complies with the provisions for "consumer fireworks" as defined
in APA 87-1 or any successor standard, the sale, possession and use
of which shall be permitted throughout this commonwealth.
The term does not include devices as "ground and hand-held sparkling
devices," "novelties" or "toy caps" in APA 87-1 or any successor standard,
the sale, possession and use of which shall be permitted at all times
throughout this commonwealth.
By way of example, but not limitation, consumer fireworks are
ground-based or hand-held devices that produce a shower of white,
gold or colored sparks as their primary pyrotechnic effect. Additional
effects may have colored flames, audible crackling, audible whistling
and smoke. Consumer fireworks include M-80s, Roman candles, 10 ball
cannons and bottle rockets.
Large fireworks to be used solely by professional pyrotechnicians
and designed primarily to produce visible or audible effects by combustion,
deflagration or detonation. The term includes, but is not limited
to:
Salutes that contain more than two grains or 130 milligrams
of explosive materials.
Aerial shells containing more than 60 grams of pyrotechnic composition.
Other display pieces that exceed the limits of explosive materials
for classification as consumer fireworks and are classified as fireworks
UN0333, UN0334 or UN0335 under 49 CFR 172.101 (relating to purpose
and use of Hazardous Materials Table).
From and after the passage of this chapter, it shall be unlawful
to possess or use display fireworks or consumer fireworks without
obtaining a permit from Lehighton Borough to do so.
Permits for consumer fireworks shall be issued by the Lehighton Borough Fire Chief, or his or her designee, upon application therefor setting forth the identity of the pyrotechnician, the identity of the surety providing the bond referred to in § 111-5 below and the time and place of display covered by the permit or for any other purpose authorized by Act 43 of 2017 or its successor of law.
Permits for display fireworks shall be issued by the Borough Council, upon consultation with the Borough Fire Chief, or his or her designee, upon application therefor setting forth the identity of the professional pyrotechnician, the identity of the surety providing the bond referred to in § 111-5 below and the time and place of display covered by the permit or for any other purpose authorized by Act 43 of 2017 or its successor law.
At the time of application for a permit to either Borough Council
or the Borough Fire Chief, or his or her designee, as applicable,
the applicant shall submit a bond deemed adequate by the Borough in
a sum of not less than $10,000 for consumer fireworks and $50,000
for display fireworks conditioned for payment of all damages which
may be caused to a person or property by reason of the display and
arising from an act of the permittee or an agent, employee or subcontactor
of the permittee.
If, because of unfavorable weather, a display for which a permit
has been granted does not occur at the time authorized by the permit,
the person to whom the permit was issued may within 24 hours apply
for a request for extension to the Borough Fire Chief, or his or her
designee. The request for extension shall state under oath that the
display was not made, provide the reason that the display was not
made and request a continuance of the permit for a date designated
within the request, which shall be not later than one week after the
date originally designated in the permit. Upon receiving the request
for an extension, the Borough Fire Chief, or his or her designee,
if he/she believes that the facts stated within the request are true,
shall extend the provisions of the permit to the date designated within
the request, which shall be not later than one week after the date
originally designated in the permit. The extension of time shall be
granted without the payment of an additional fee and without requiring
a bond other than the bond given for the original permit, the provisions
of which shall extend to and cover all damages which may be caused
by reason of the display occurring at the extended date and in the
same manner and to the same extent as if the display had occurred
on the date originally designated in the permit.
The only fireworks permitted without a permit from the Borough
Council or the Borough Fire Chief shall be novelty fireworks as defined
in APA 87-1. Novelty fireworks include party poppers, toy smoke devices,
snakes, glow worms, wire sparklers and dipped sticks.
Any person, firm, association or corporation who or which shall
violate or fail to comply with any of the provisions of this chapter
shall, upon being found guilty before a Magisterial District Judge,
pay a fine of not less than $500 nor more than $1,000 for a first
offense and not less than $1,000 for a second and subsequent offense.
The provisions of this chapter are intended to be severable,
and if any section, sentence, clause, part or provision hereof shall
be held illegal, invalid, or unconstitutional by any court of competent
jurisdiction, such decision of the court shall not affect or impair
the remaining sections, sentences, clauses, parts or provisions of
this chapter. It is hereby declared to be the intent of the Board
that this chapter would have been adopted even if such illegal, invalid
or unconstitutional section, sentence, clause, part or provision had
not been included herein.
Nothing in this chapter shall limit, in any manner whatsoever,
the Borough's right to enforce any ordinance or law of the Borough,
Carbon County or the Commonwealth of Pennsylvania, or be a defense
to any citation issued by the Borough or the Commonwealth of Pennsylvania
pursuant to any other law or ordinance.
The failure of the Borough to enforce any provision of this
chapter shall not constitute a waiver by the Borough of its rights
of future enforcement hereunder.
All ordinances, or parts of ordinances, of the Borough which
shall be inconsistent with this chapter shall be, and the same expressly
are, repealed.
This chapter shall take effect and be in force from and after
its enactment as permitted by law.
