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Borough of Forty Fort, PA
Luzerne County
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[Ord. 2009-8, 12/7/2009; amended by Ord. No. 2019-2, 6/6/2019]
1. 
Scope. The manufacture of fireworks is prohibited within the Borough. The display or discharge of consumer or display fireworks shall comply with the requirements of the Fireworks Law, 35 P.S. § 1271 et seq., and the provisions of the International Fire Code, 2003 edition, as amended, supplemented or replaced, implemented by the Uniform Construction Code [Chapter 5, Part 1].
2. 
As a result of the background paragraphs cited above, which are incorporated herein,[1] it is hereby ordained and enacted that no permission is granted by the Borough to any person to ignite or discharge consumer fireworks on the streets of the Borough of Forty Fort, the sidewalks of the Borough of Forty Fort or any property owned by the Borough of Forty Fort, including, without limitation, all of the Borough's parks and public buildings, unless expressly permitted by Council.
[1]
Editor’s Note: Said background paragraphs cited comprise the "whereas clauses" of Ord. No. 2019-2, adopted 6-6-2019, and reference the definition of "consumer fireworks," age requirements and prohibitions as set out in the Pennsylvania Fireworks Law. See 72 P.S. § 9401 et seq.
[Ord. 2009-8, 12/7/2009; amended by Ord. No. 2019-2, 6/6/2019]
1. 
Display fireworks, as defined in the Pennsylvania Fireworks Law cited above, shall be permitted, provided that Council approves the display, a permit is secured from the Borough at a cost of $50, and proof of general liability insurance is provided, covering property damage, and personal injury, of not less than $1,000,000 and naming the Borough of Forty Fort, its employees and elected officials as additional insureds.
2. 
In order to preserve the peace and tranquility of the residents of the Borough of Forty Fort, the Borough hereby prohibits anyone from intentionally igniting or discharging any consumer fireworks after 10:00 p.m.
3. 
The Borough Manager is hereby directed to provide a certified copy of this Part 2 to the magisterial district judge within the Borough of Forty Fort to provide judicial notice that no permission has been granted by the Borough for any person to intentionally ignite or discharge consumer fireworks on the Borough streets and sidewalks or on any property owned by the Borough of Forty Fort.
4. 
.In the event any provision, section, sentence, clause or part of this Part 2 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 Part 2; it being the intent of the Borough of Forty Fort that the remainder of this Part 2 shall be and shall remain in full force and effect.
[Ord. 2009-8, 12/7/2009; amended by Ord. No. 2019-2, 6/6/2019]
Anyone violating any provisions of this Part 2 commits a summary offense and will be punished by a fine of $100 per occurrence for each violation of this Part 2. A violation of more than one provision of this Part 2 shall constitute a separate occurrence.