[HISTORY: Adopted by the Borough Council
of the Borough of Bridgeport 9-7-2018 by Ord. No. 2018-008.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 284,
Fireworks, adopted 6-2-1970 by Ord. No. 322, approved 6-2-1970 (Ch.
76 of the 1975 Code), as amended.
A.
The Borough of Bridgeport finds it necessary to enact appropriate
legislation in order to ensure that all persons, guests, buildings,
structures, and real estate within the Borough are safe from the potential
danger of the use of unregistered, unregulated, and/or inherently
dangerous activities in connection with the use, sale, and possession
of consumer and display fireworks.
B.
It is hereby declared to be the public policy of Bridgeport Borough
to foster safety and security within the boundaries of the Borough
of Bridgeport from the dangerous use, sale, and possession of fireworks
is paramount to the duties and expectations bestowed upon the honorable
members of the Bridgeport Council.
C.
This chapter shall be deemed an exercise of the police power of Bridgeport
Borough for the protection of the public welfare, prosperity, health
and peace of the Bridgeport community.
To the extent words and phrases appearing in this chapter are
not expressly defined herein, the meaning of the words and phrases
in this chapter shall be construed consistently with the Pennsylvania
Fireworks Law, Act 43 of 2017.[1] The following words and phrases when used in this chapter
shall have the following meanings:
The Borough of Bridgeport, County of Montgomery, Commonwealth
of Pennsylvania.
The Borough Council of the Bridgeport Borough.
The enforcement officer, or in his absence or unavailability,
the assistant enforcement officer, both being duly designated by the
Borough of Bridgeport.
Shall be the same as are defined in 27 CFR 555.11, and they
are any small firework device designed to produce visible effects
by combustion and which must comply with the construction, chemical
composition, and labeling regulations set forth in the rules of the
U.S. Consumer Product Safety Commission (Title 16, Code of Federal
Regulations, Parts 1500 and 1507). Some small devices designed to
produce audible effects are included, such as whistling devices, ground
devices containing 50 milligrams or less of explosive materials, and
aerial devices containing 130 milligrams or less of explosive materials.
Consumer fireworks are classified as fireworks by the United States
Department of Transportation, 49 CFR 172.101. This term does not include
fused set pieces containing components which together exceed 50 milligrams
of salute powder.
Large fireworks shall be the same as are defined in 27 CFR
555.11, and they are designed primarily to produce visible or audible
effects by combustion, deflagration, and detonation. This term includes,
but is not limited to, salutes containing more than two grains (130
milligrams) of explosive materials, aerial shells containing more
than 40 grams of pyrotechnic compositions, and other display pieces
which exceed the statutory and regulatory limits of explosive materials
for classification as consumer fireworks. Display fireworks are classified
as fireworks by the United States Department of Transportation (49
CFR 172.101). This term also includes fused set pieces containing
components which together exceed 50 milligrams of salute powder.
Any one of the duly authorized Fire Chiefs of a fire department
serving and based in the Borough of Bridgeport, or in his absence
or unavailability, the Assistant Fire Chief.
The Fire Marshal as duly designated and/or employed by the
Borough of Bridgeport as a separate official from the Fire Department
of the Borough and Fire Chief(s).
Both consumer and display fireworks, as defined herein, unless
specifically identified as either consumer or display fireworks herein.
An adult individual who is a bona fide resident of Borough
of Bridgeport, Montgomery County, Pennsylvania, and who can produce
proof thereof upon demand made by any enforcement officer hereunder.
[1]
Editor's Note: See 72 P.S. § 9401 et seq.
A.
Except as herein provided, it shall be unlawful for any person, co-partnership,
association or corporation to offer for sale, expose for sale, sell
at retail, or use, detonate, or explode any type of fireworks, including,
but not limited to, consumer fireworks and display fireworks, at any
time or in any place within the Borough unless in compliance with
the rules, regulations, restrictions, policies, and procedures set
forth in this statute.
B.
Any sales or distribution of fireworks within the Borough shall fully
comply with all rules, regulations, restrictions, and policies as
set forth in the Pennsylvania Fireworks Law, Act 43 of 2017, and through
an approval and permit process by the Borough pursuant to this Code.
C.
Consumer fireworks. Consumer fireworks may be possessed, used, and
detonated by a resident of the Borough, subject to the following conditions:
(1)
The consumer fireworks to be possessed, sold, used or detonated hereunder
must qualify strictly as consumer fireworks under the statutes and
regulations of the agencies of the United States government and the
laws and agencies of the Commonwealth of Pennsylvania. The consumer
fireworks hereunder must be manufactured, transported, sold, possessed
and used in strict compliance with the aforesaid statutes, regulations,
laws and governmental agencies, and the burden to demonstrate such
compliance falls upon the resident.
(2)
Any bona fide resident of the Borough who desires to possess, sell,
use, detonate, or explode any consumer fireworks hereunder must be
21 years of age or older.
(3)
Any adult bona fide resident of the Borough who desires to possess,
sell, use or detonate any consumer fireworks in the Borough must first
register the specific type of consumer fireworks with the designated
enforcement officer of the Borough and specify the identity, age,
and address of the resident and the time and place where it is desired
to possess, sell, use or detonate such consumer fireworks and the
specific location of the consumer fireworks until the same are used
or detonated. Upon registration of such consumer fireworks when transporting
such fireworks, the resident must maintain upon his or her person
a written authorization of registration issued by the designated enforcement
officer stating that the resident is authorized to possess, sell,
use, detonate, or explode only the consumer fireworks specified as
set forth in detail in the written authorization of registration issued
by the designated enforcement officer.
(4)
No written authorization of registration of possession, sale, use,
or detonation of any consumer fireworks shall be valid for a period
greater than 30 days following its original date of issuance by the
enforcement officer.
(5)
Any aforesaid authorization of registration of consumer fireworks
shall be issued only upon the payment to the Borough of the then prevailing
consumer fireworks registration fee as stated in the Schedule of Fees
of the Borough.
(6)
No consumer fireworks shall be used, exploded or detonated without
the prior approval of a duly authorized representative of the Borough,
and no authorized and registered consumer fireworks can be exploded
or detonated, as follows:
(a)
Within any enclosed structure;
(b)
Within a 400-foot area of any structure, property line, vehicle
or roadway;
(c)
Within a fifty-foot area of any other person or persons other
than the authorized resident;
(d)
Within any area of the Borough designated by the Borough as
a residential or commercial zoning district;
(e)
Before 12:00 noon and after 9:00 p.m. on any day of the week,
unless otherwise provided in the written authorization of registration
issued by the enforcement officer;
(f)
On public or private property without the express permission
of the owner;
(g)
Within or to be thrown from a motor vehicle;
(h)
Aimed at any person(s) regardless of that person(s)'s distance
from the authorized resident;
(i)
While a person is under the influence of alcohol or a controlled
substance or another drug.
(7)
No consumer fireworks may be sold, exploded, or detonated in any
location in the Borough other than the specific place or location
designated therefor in the written authorization of registration.
The Borough Council shall have the power to grant permits for
supervised public displays of display fireworks to be held by municipalities,
fair associations, civic organizations, religious organizations, amusement
parks and other like organizations or groups of individuals. Such
displays can be open to the public by admission tickets or no admission
tickets. Every such display shall be implemented and overseen by a
competent and licensed pyrotechnic operator to be approved by the
enforcement officer, a Fire Chief, or the Fire Marshal representing
the Borough or a fire company situated within the Borough. Such public
displays of display fireworks shall be of such a nature and shall
be so located, and shall be discharged or detonated, only so as not
to be hazardous to property and shall not endanger any person or persons
when displayed as, in the controlling opinion of the enforcement officer,
Fire Marshal, and/or the Chief of the Fire Department and/or such
other officer, after proper inspection.
A.
Applications for permits for public displays of display fireworks
shall be made, in writing, to the Borough at least 15 days in advance
of the date of the display. After such privilege shall have been granted,
the sales, possession and use of the display fireworks for such display
event or purposes shall be lawful for that submitted purpose only.
No permit granted hereunder shall be transferable.
B.
Applications for permits to sell and/or distribute fireworks within
the Borough shall not commence or take place absent the filing of
a permit with the Borough and permission granted for sale by the Borough.
The Borough Council hereby requires a bond to be provided by
any permittee hereunder to conduct a fireworks display in the Borough
in an amount not less than $1,000,000, which shall be a condition
for approval of the grant of permit and is conditioned for the payment
of all damages which may be caused either by or to a person or persons
or to property by reason of the permitted display and arising from
any acts of the permittee, his or her agents, employees or subcontractors.
The Borough also requires proof of liability insurance issued to the
permittee in the amount of at least $1,000,000 per claim for the aforesaid
purpose from a reputable insurance company authorized to conduct business
in the Commonwealth of Pennsylvania. The Borough shall be a named
co-insured in such policy of such liability insurance. Further, the
licensee or permittee shall indemnify, save harmless and defend the
Borough from any injury to persons or damage to property arising out
of the use by the permittee of display fireworks by a writing executed
prior to the grant of any permit.
If, by reason of unfavorable weather, the display for which
a permit has been granted does not take place at the time so authorized,
the person to whom such permit was issued may, within 24 hours, apply
to the Borough setting forth, under oath, the fact that such display
was not made, stating the reason therefor, and requesting the continuance
of such permit for a day designated therein, not later than one week
after the day fixed originally in said permit.
Each of the restrictions imposed on the possession, use, explosion or detonation of all types of fireworks, whether consumer fireworks or display fireworks, stated hereunder in §§ 284-3 and 284-4, shall apply equally to all types of fireworks sold, used, possessed, detonated, or exploded in the Borough and accordingly, §§ 284-3 and 284-4 hereof shall be specific restrictions generally applicable to the sale, possession and use of all fireworks in the Borough.
In the event of any violation of this chapter or the terms,
conditions, or limitations noted on a written registration authorized
for the use of consumer fireworks or on a permit for the display of
display fireworks, or in the event of any unsafe condition occurring
before or during the course of a fireworks public display, or in the
event of any unsafe condition occurring as a result of any use of
consumer, display, or other fireworks within the Borough of Bridgeport,
the Pennsylvania State Police, the Borough of Bridgeport police, Fire
Marshal, and/or a Fire Chief of a fire company located in Borough
of Bridgeport responsible for fire protection at the place of the
event or the appropriate Borough designee or any other duly authorized
Borough representative may, before or during the unsafe and/or violating
occurrence, order such fireworks use or display to be stopped in the
interest of public safety.
The Borough of Bridgeport hereby recognizes the authority of
the United States government and the Commonwealth of Pennsylvania
and the fireworks laws, rules, or regulations of each jurisdiction,
as the same may be amended from time to time, regarding the manufacture,
transport, holding, offering or exposing for sale, and the display,
use, and possession, of combustible materials and items commonly referred
to as "fireworks." Whenever there is any conflict between the terms
of this chapter and a statute, rule or regulation of the United States
government or the Commonwealth of Pennsylvania, the stricter provision(s)
shall apply.
Any person, individual, partnership, co-partnership, association
or corporation violating the provisions of this chapter shall be guilty
of a summary criminal offense and, upon conviction thereof, shall
be punished by a fine not exceeding $1,000 or by imprisonment not
exceeding 30 days, or by both fine and imprisonment.
