[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.
The governing body of the Borough.
Any fireworks meeting the definition of "consumer fireworks"
under Section 2401 of the Tax Reform Code of 1971, 72 P.S. § 9401,
as amended.
Any fireworks meeting the definition of "display fireworks"
under Section 2401 of the Tax Reform Code of 1971, 72 P.S. § 9401,
as amended.
The person appointed by Borough Council to enforce this chapter.
Any individual, partnership, corporation, limited liability
company or other legal entity.
The Borough of Palmyra Police Department or any successor
entity providing police protective services within the Borough.
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.
A.
Except as provided hereinafter, it shall be unlawful for any person
to use or explode any display fireworks.
B.
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.
C.
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.
D.
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.
E.
An application shall be accompanied by the applicable permit fee,
which may be amended from time to time by resolution of the Borough
Council.
F.
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.
G.
No permit shall be issued to a person under 21 years of age.
H.
All display fireworks shall be finished by 11:00 p.m. on Fridays
and Saturdays and by 10:00 p.m. Sundays through Thursdays.
I.
No more than three permits per calendar year may be issued for fireworks
displays to the same permittee.
J.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
This chapter may be enforced by the Fire Prevention Officer or any
police officer.
B.
Penalties for violation.
(1)
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.
(2)
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.
(3)
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.