[HISTORY: Adopted by the Board of Supervisors of the Township
of Schuylkill 3-6-2019 by Ord.
No. 2019-01. Amendments noted where applicable.]
The following terms shall have the meanings ascribed unless
a contrary meaning is expressly set forth in the text:
The ignition, launching or detonation of fireworks.
Any composition or device for the purpose of producing a
visible or an audible effect for entertainment purposes by combustion,
deflagration or detonation that meets the definition of consumer fireworks
or display fireworks as set forth herein.
Consumer fireworks.
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 complies with the provisions for "consumer fireworks" as defined
in American Pyrotechnics Association Standard 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 such devices as "ground and hand-held
sparkling devices," "novelties," or "toy caps" in defined APA 87-1
or any successor standard, the sale, possession and use of which shall
be permitted at all times throughout the Township.
Display fireworks. 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 103 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 CRF 172.101 (relating to purpose
and use of hazardous materials table).
It shall be unlawful for any person, persons, firms or corporations,
amusement parks, fair associations or other organizations or groups
of individuals to have to utilize display fireworks within the limits
of Schuylkill Township ("Township") unless a permit therefor is first
granted by the Board of Supervisors, as hereinafter provided.
A.
Every such use of display fireworks within the limits of said Township
shall be handled by a state-licensed operator, and which display shall
be of such character and so located, discharged or fired as in the
opinion of the Board of Supervisors, or its duly authorized representative,
after proper inspection, shall not be hazardous to property or endanger
any person or persons.
B.
No display fireworks shall be ignited within 300 feet of a firework
sale facility or temporary structure for sale of consumer fireworks.
A.
Application for permits for display fireworks shall be made in writing
to the Township Manager at least 30 days in advance of the date of
the fireworks display, unless said time period is reduced or waived
by the Board of Supervisors in its sole discretion. The application
shall set forth the proposed location of the fireworks display, the
character thereof, name and address of the operator, and the name
and address of the owner or owners of the grounds on which the fireworks
display is to be held, with the consent of such owner or owners thereto
in writing attached. The application shall be reviewed by the Township
Fire Marshal.
B.
In addition to all other application requirements set forth herein,
permit applications for display fireworks shall also include a copy
of the operator's license issued by the Bureau of Alcohol, Tobacco,
Firearms and Explosives and a copy of the operator's annual registration
with the Attorney General of the Commonwealth of Pennsylvania
C.
All applicants shall pay the Township a sum as set from time to time
by resolution of the Board of Supervisors before issuance of a permit
and provide a certificate of liability insurance in an amount not
less than $5,000,000, naming the Township as an additional insured.
D.
If the application does not conform to the requirements of all pertinent
statutes, ordinances and regulations, the Board of Supervisors shall
reject the application and, in writing, state the reasons therefor.
If the Board of Supervisors is satisfied that the proposed display
fireworks conforms to the requirements of this chapter, and all laws
and regulations applicable thereto, the Board of Supervisors shall
issue a permit listing any conditions attached by the Board of Supervisors.
A.
If and after such permit shall have been granted by the Board of
Supervisors, or its designee, possession and use of display fireworks
shall be lawful for that purpose only.
B.
No display fireworks permit granted hereunder shall be transferable.
C.
The Board of Supervisors may attach to the display fireworks permit
any conditions deemed necessary and appropriate by the Board of Supervisors
to address safety concerns.
The permittee shall:
The Board of Supervisors shall require a bond, deemed adequate
by it, given by the permittee in an amount deemed appropriate by the
Board of Supervisors, but not in a sum less than $250,000 for display
fireworks, conditioned for the payment of all damages caused by any
person or persons and to any property by reason of the licensed display
and arising from any acts of the licensee, his or its agents, employees
or subcontractors, which bond shall be filed with the Township Manager
before any permit for display fireworks is delivered.
A.
After notice to the permittee and an opportunity to be heard (within
five days of the date of the notice), the Board of Supervisors may
revoke a display fireworks permit or approval issued under the provisions
of this chapter in the case of any false statement or misrepresentation
of fact in the application, or failure of the applicant to comply
with the provisions of this chapter, or any other applicable statute
or regulation.
B.
Appeals from any suspension, revocation or denial of a display fireworks
permit may be made to the Chester County Court of Common Pleas pursuant
to the provisions of the Local Agency Law, 2 Pa.C.S.A. § 751
et seq.
C.
In the event that a permit or application has been denied, suspended
or revoked, no part of the application/permit fee shall be refunded.
If by reason of unfavorable weather the display for which a
display fireworks permit has been granted does not take place at the
time so authorized, the permitted may within seven days apply to the
Township Manager, setting forth under oath the fact that such display
was not made, giving the reason therefor, and requesting a continuance
of such display fireworks 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 Manager,
if he believes the facts stated herein are true, shall extend the
provisions of the display fireworks permit to the day fixed in said
application, not later than one week after the original day designated
in the display fireworks 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 display fireworks permit.
Unfired fireworks and trash remaining after the conclusion of
the use of display fireworks for which the permit was issued shall
be immediately disposed of by the permittee in an approved, safe manner.
A.
A person who is at least 18 years of age and meets the requirements
of this chapter may purchase, possess and use consumer fireworks;
B.
Consumer fireworks cannot be ignited or discharged in the Township,
except during the following dates and times:
C.
The use of consumer fireworks is strictly prohibited at all other
times.
D.
Prohibition. A person may not intentionally ignite or discharge:
(1)
Consumer fireworks on public or private property without the express
written permission of the owner;
(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.
A.
This chapter shall be enforced by the Police Department with jurisdiction
in the Township.
B.
Any person, copartnership, association or corporation who violates
this chapter shall, upon conviction thereof, be sentenced to pay a
fine not less than $1,000 nor more than $5,000, plus the costs of
prosecution.
