[Ord. No. 41, § 1, 4-7-1930; Ord. No. 69, § 1,
6-7-1937; Ord. No. 1446, § 1, 10-10-2005; Ord. No. 1648, 10-8-2018]
[Ord. No. 41, § 1, 4-7-1930; Ord. No. 69, § 1,
6-7-1937; Ord. No. 1446, § 1, 10-10-2005; Ord. No. 1648,
10-8-2018; Ord. No. 1684, 10-11-2022]
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 which 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 the Township.
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.
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 compositions;
and
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).
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business, whether or not a person is
actually present.
[Ord. No. 1446, § 2, 10-10-2005; Ord. No. 1648, 10-8-2018; Ord. No. 1684, 10-11-2022]
A permit for display fireworks shall be given, at the discretion
of the Township, provided an applicant complies with the following:
(a)
Chapter 33 (Explosives and Fireworks) of the International Fire Code
and NFPA 1123 or NFPA 1126, most recent edition and successive editions.
(b)
Every such display shall be handled by a competent operator and shall
be of such a character and so located, discharged or fired as, in
the opinion of the Township Fire Marshal after proper inspection,
not to be hazardous to property or endanger any person or persons.
After such permit shall have been granted, possession and use of consumer
fireworks and display fireworks for such display shall be lawful for
that purpose only. No permit shall be transferable. No such permit
shall be issued to a person under twenty-one (21) years of age.
(c)
Application for permit shall be made in writing to the Township Fire
Marshal at least thirty (30) days in advance of the date of display,
setting forth the proposed location of the display, the character
thereof, the name and address of the operator and the name and address
of the owner or owners of the grounds on which the display is to be
held, with the consent of such owner or owners thereto in writing
attached. An applicant shall pay a fee with the application as may
be established from time to time by resolution adopted by Plymouth
Township Council and provide proof of liability insurance in a form
and amount satisfactory to the Township.
(d)
The Township shall require a bond deemed adequate by it, given by
the applicant in an amount deemed appropriate by the Township, not
to be in a sum less than one million dollars, conditioned for the
payment of all damages caused to any person or persons and to any
property by reason of the permitted display and arising from any acts
of the applicant, his or its agents, employees or subcontractors,
which bond shall be filed with the Township Manager before any permit
for a supervised display of public fireworks is issued.
(e)
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
applicant may, within twenty-four (24) hours, apply to the Township,
setting forth under oath the fact that such display was not made,
giving the reason therefor and requesting a continuance of such permit
for a day designated therein, not later than one week after the day
fixed originally in said permit. Upon receiving such application for
a continuance, the Township, if it believes the facts stated therein
are true, may extend the provisions of said permit to the day fixed
in said application, not later than one week after the original day
designated in the permit, and such extension of time shall be granted
without the payment of any additional fee and without requiring any
bond other than the one given for the original permit, the provisions
of which shall extend to and cover all damages which may be caused
by reason of said display taking place at such extended date in the
same manner and to the same extent as if such display had taken place
at the date originally fixed in the permit.
[Ord. No. 1446, § 2, 10-10-2005; Ord. No. 1648, 10-8-2018; Ord. No. 1684, 10-11-2022]
(a)
Consumer
fireworks and display fireworks may be sold in the Township, where
otherwise permitted by the Plymouth Township Zoning Ordinance of 1960,
as amended, Appendix B of the Plymouth Township Code, subject to the
following provisions: Consumer fireworks may be sold in the Township
only from facilities that are licensed by the Department of Agriculture.
All facilities licensed by the Department of Agriculture shall comply
with the conditions of Act 74 of 2022.
(b)
Additional
criteria for sale of consumer fireworks. Consumer fireworks in particular
shall only be sold from facilities which also meet the following criteria:
(2)
The
facility shall be a stand-alone, permanent structure.
(3)
Storage
areas shall be separated from wholesale or retail sales areas to which
a purchaser may be admitted by appropriately rated fire separation.
(4)
The
facility shall be located no closer than 300 feet from a facility
selling or dispensing gasoline, propane or other flammable products.
(5)
The
facility shall be located at least 2,500 feet from another facility
licensed to sell consumer fireworks.
(6)
The
facility shall have a monitored burglar and fire alarm system.
(7)
Quarterly
fire drills and preplanning meetings shall be conducted as required
by the primary fire department.
(8)
Although
sales may be conducted through online, mail-order or other transactions,
delivery shall take place at a facility that complies with the requirements
of this section.
[Ord. No. 1648, 10-8-2018; Ord. No. 1684, 10-11-2022]
(a)
Conditions. A person who is at least 18 years of age and meets the
requirements of this article may purchase, possess and use consumer
fireworks.
(b)
Prohibitions. A person may not intentionally ignite or discharge:
(1)
Consumer fireworks on private property or on public property,
including, but not limited to, streets, parking lots, sidewalks and
parks, without the express permission of the owner or entity that
controls the property.
(2)
Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building.
(3)
Consumer fireworks or sparkling devices into or at a motor vehicle
or building or at another person.
(4)
Consumer fireworks or sparkling devices while the person is
under the influence of alcohol, a controlled substance or another
drug.
(5)
Consumer fireworks within 150 feet of an occupied structure.
(c)
Conditional use.
No person may use consumer fireworks within 150 feet of an animal
housing facility or a fenced area designed to confine livestock owned
or managed by another person. An animal housing facility is a roofed
structure or facility, or a portion of the facility, used for occupation
by livestock or poultry. If a person uses consumer fireworks at a
distance of 150 to 300 feet from an animal housing facility or fenced
area designed to confine livestock owned or managed by another person,
the user of consumer fireworks shall notify in writing the owner or
manager of the livestock at least 72 hours in advance of the use that
consumer fireworks will be used in the area.
(d)
Time
limitations.
(1)
Consumer
fireworks may not be used between the hours of 10:00 p.m. and 10:00
a.m., except:
(2)
There
shall be no time restrictions on the use of consumer fireworks on
Memorial Day, including the immediately preceding Saturday and Sunday
and Labor Day, including the immediately preceding Saturday and Sunday.
[Ord. No. 1648, 10-8-2018; Ord. No. 1684, 10-11-2022]
A person using consumer fireworks in violation of the provisions
of the Township Code commits a summary offense and, upon conviction,
shall be punished by a fine of not more than $100.
