[HISTORY: Adopted by the Borough Council of the Borough of Palmyra 8-14-2018 by Ord. No. 788. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Palmyra Borough Fireworks Ordinance."
Section 1202(17) of the Borough Code, 8 Pa.C.S.A. § 1202(17), authorizes a Borough to regulate fireworks. The Commonwealth of Pennsylvania, by enactment of Act 43 of 2017, amended the Commonwealth's Fireworks Law by adding Article XXIV to the Tax Reform Code of 1971, codified at 72 P.S. § 9401 et seq. The Fireworks Law, as amended, has conferred certain authority upon municipal governments to regulate the use of display fireworks within their boundaries, including permit requirements, by establishing rules and regulations therefor. The Fireworks Law also allows public and private property owners to prohibit the use of fireworks on their property. Pursuant to the authority afforded it, the Borough desires to establish rules and regulations to regulate the use of display fireworks within its boundaries, including permit requirements and to prohibit the use of any fireworks on Borough property without a permit.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated:
- The Borough of Palmyra, Lebanon County, Pennsylvania.
- BOROUGH COUNCIL
- The governing body of the Borough.
- CONSUMER FIREWORKS
- Any fireworks meeting the definition of "consumer fireworks" under Section 2401 of the Tax Reform Code of 1971, 72 P.S. § 9401, as amended.
- DISPLAY FIREWORKS
- Any fireworks meeting the definition of "display fireworks" under Section 2401 of the Tax Reform Code of 1971, 72 P.S. § 9401, as amended.
- FIRE PREVENTION OFFICER
- The person appointed by Borough Council to enforce this chapter.
- Any individual, partnership, corporation, limited liability company or other legal entity.
- POLICE DEPARTMENT
- The Borough of Palmyra Police Department or any successor entity providing police protective services within the Borough.
- POLICE OFFICER
- An officer of the Police Department.
The use of consumer fireworks within the Borough shall be subject to Section 2404 of the Tax Reform Act of 1971, 72 P.S. § 9404, as amended.
Except as provided hereinafter, it shall be unlawful for any person to use or explode any display fireworks.
The ignition of display fireworks shall be conducted by a competent operator, currently registered with the Attorney General of Pennsylvania, approved by Borough Council, or its designee, and shall be of such a character and so located, discharged or fired as in the opinion of the Fire Prevention Officer, after proper inspection, shall not be hazardous to property or endanger any person.
The Fire Prevention Officer may suspend any permit issued under this chapter due to drought, dry conditions, high winds, or any other factor reasonably related to the public safety. The Fire Prevention Officer may, at his discretion, dispatch fire company members and/or equipment to the scene of any permitted display. Where any such deployment occurs, the permittee will be subject to a fee, which may be amended from time to time by resolution of Borough Council.
Applications for permits shall be made in writing on a form provided by the Borough, at least 30 days in advance of the date of a fireworks display. After such permit shall have been granted, possession, use and distribution of display fireworks for such display shall be lawful for that purpose only.
An application shall be accompanied by the applicable permit fee, which may be amended from time to time by resolution of the Borough Council.
A permit granted hereunder may be transferable, subject to approval by the Fire Prevention Officer and evidence of registration and delivery of a bond in accordance with § 196-6 of this chapter.
No permit shall be issued to a person under 21 years of age.
All display fireworks shall be finished by 11:00 p.m. on Fridays and Saturdays and by 10:00 p.m. Sundays through Thursdays.
No more than three permits per calendar year may be issued for fireworks displays to the same permittee.
No more than three permits per calendar year may be issued for fireworks displays on a single property.
Prior to the issuance of any permit under § 196-5 hereof, the applicant shall deliver to the Borough evidence of the operator's registration with the Attorney General of Pennsylvania, and a bond, which shall be in the amount of $1,000,000, conditioned for payment of all damages which may be caused either to persons or to property by reason of the display and arising from any acts of the permit holder, his agents, employees or subcontractors.
The use of any fireworks, including consumer fireworks and display fireworks, on any Borough property, including, but not limited to, the streets and sidewalks of the Borough, and real property owned by the Borough for public parks, utility purposes, and/or for public buildings, unless a permit is obtained in accordance with this chapter, is prohibited.
Authorization. If, because of unfavorable weather, the 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 Fire Prevention Officer.
Contents of request. 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.
Determination. Upon receiving the request for extension, the Fire Prevention Officer, if he 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.
Conditions. 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 at the date originally designated in the permit.
This chapter may be enforced by the Fire Prevention Officer or any police officer.
Penalties for violation.
In addition to the penalties set forth under Section 2414 of the Fireworks Law, 72 P.S. § 9414, any person using display fireworks in violation of the provisions of this chapter commits a summary offense and, upon conviction, shall be punished by a fine of not less than $100 and not more $1,000 plus all costs of prosecution, including attorney's fees.
Each day that a violation continues and each section of this chapter which is violated shall be deemed a separate offense. This chapter may also be enforced by an action in equity brought in the Lancaster County Court of Common Pleas.
Any person who shall violate any provision of this chapter or any provision of the Fireworks Law, 72 P.S. § 9401 et seq., shall be barred from obtaining a permit for display fireworks.