[Adopted 9-20-2018 by Ord. No. 656]
It is the intent of the Board of Supervisors of Lower Providence
Township to protect the health, safety and welfare of the general
public through limiting the use of fireworks. Fireworks, by nature,
contain explosives which, when misused, can damage property and endanger
human life. It is the intent of the Board of Supervisors that this
article will be in accordance with and supplemental to Act 43 of 2017
by the Pennsylvania State Legislature.
Any combustible or explosive composition or any substance
or combination of substances intended to produce visible and/or audible
effects by combustion and which is suitable for use by the public
that 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 the American Pyrotechnics Association (APA) Standard
87-1, including but not limited to Sections *3.1 and *3.5, or any
successor standard. The term does not include devices such as "ground
and handheld sparkling devices" as defined in APA Standard 87-1, Section
*3.1.1, "novelties" as defined in APA Standard 87-1, Section *3.2.
or "toy caps" as defined in APA Standard 87-1, Section *3.3.
Defined as more fully set forth in 27 CFR 555.11 (meaning
of terms), which is incorporated herein by reference which meets the
types of display fireworks devices set forth in the APA Standard 87-1,
Section *4.1 which comply with requirements for display fireworks
set forth in AP Standard 87-1.
A.
The use of fireworks, whether consumer fireworks, display fireworks
or any other types of fireworks, shall be strictly prohibited at any
location within 150 feet of any structure, property line, vehicle
or roadway, unless permission is received from the Township which
shall be subject to the Lower Providence Township Zoning Ordinance.
B.
The use of consumer fireworks or display fireworks or other types
of fireworks shall be strictly prohibited within any closed structure
or any building or tent.
Display fireworks shall be subject to the Lower Providence Township Zoning Ordinance, § 143-260, as amended.
A.
The use of consumer fireworks shall be subject to the Lower Providence Township Zoning Ordinance, § 143-260, as amended.
B.
Any person purchasing, possessing or using consumer fireworks must
be at least 18 years of age. A person may not intentionally ignite
or discharge:
(1)
Consumer fireworks on public or private property without the express
permission of the owner.
(2)
Consumer fireworks or sparkling devices within, or throw from, a
motor vehicle or building.
(3)
Consumer fireworks or sparkling devices into or at a motor vehicle,
building or 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.
(6)
No person may ignite or discharge consumer fireworks more than one
day per week.
(7)
No property may be utilized to ignite or discharge consumer fireworks
more than one day per week.
(8)
No consumer fireworks shall be ignited or discharged after 10:00
p.m., except on the Fourth of July and New Year's Eve.
Any person, the members of any partnership or the officers of
any corporation who or which violates this chapter shall, upon conviction
thereof in a summary proceeding, be sentenced to pay a fine of not
more than $300. In default of such payment, such person, the members
of any partnership or the officers of such corporation shall be liable
to imprisonment in Montgomery County Prison for not more than 30 days.
Each violation shall constitute a separate offense. All fines collected
for the violation of this chapter shall be paid to the Township of
Lower Providence.
