[HISTORY: Adopted by the Borough Council of the Borough of
South Waverly 6-4-2018 by Ord. No. 6-4-18. Amendments noted where applicable.]
The following words and phrases, when used in this chapter,
shall have the meanings given to them in this section unless the context
clearly indicates otherwise:
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition, or any subsequent edition.
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 Product Safety Commission
in 16 CFR (relating to commercial practices) or any successor regulation
and complies with the provisions for "consumer fireworks" as defined
in APA 87-1 or any successor standard, the sale, possession and use
of which shall be permitted throughout this commonwealth.
The term does not include devices such as "ground and hand-held
sparkling devices," "novelties" or "toy caps" in APA 87-1 or any successor
standard, the sale, possession and use of which shall be permitted
at all times throughout this commonwealth.
Consumer fireworks are "Class C" or "consumer grade fireworks"
that include firecrackers, roman candles, bottle rockets, and similar
fireworks that contain a maximum of 50 milligrams of explosive material.
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 130 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 CFR 172.101 (relating to purpose
and use of hazardous materials table).
Illegal explosives associated with the fireworks season are
inherently dangerous because of their composition and unpredictability.
Homemade explosives can poses a particular risk for injury because
the people making them often lack knowledge and experience in manufacturing
fireworks. Most law enforcement agencies consider devices such an
M-80s, M-100s, quarter sticks, cherry bombs, silver salutes, etc.,
to be illegal because they exceed the Consumer Product Safety Commission's
(CPSC) limits for consumer fireworks, in addition to being banned
by many states.
These devices meet no safety standards and often have a coating
of dangerous explosive dust. Friction, heat, or being bumped can cause
these devices to detonate. The U.S. Department of Transportation has
classified these items as "forbidden explosives" because they have
not been submitted for appropriate testing evaluation.
A city, borough, incorporated town or township. (For purposes
of this chapter, the Borough of South Waverly.)
The National Fire Protection Association Standard 1124, Code
for the Manufacture, Transportation, and Storage of Fireworks and
Pyrotechnic Articles, 2006 edition, or any subsequent edition.
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business, whether or not a person is
actually present.
A consumer fireworks building, trailer, semitrailer, metal
shipping container or magazine meeting the specifications of NFPA
1124.
A structure, other than a permanent facility with fixed utility
connections, which is in use or in place for a period of 20 consecutive
calendar days or less and is dedicated to the storage and sale of
consumer fireworks and related items. The term includes temporary
retail sales stands, tents, canopies and membrane structures meeting
the specifications of NFPA 1124. The term shall not include a facility
that is not licensed to sell consumer fireworks under this chapter.
A.
Permissible purposes. Display fireworks may be possessed and used
by a person holding a permit from a Borough of South Waverly at the
display covered by the permit or when used as authorized by a permit
for any of the following:
(1)
For agricultural purposes in connection with the raising of crops
and the protection of crops from bird and animal damage.
(2)
By railroads or other transportation agencies for signal purposes
or illumination.
(3)
In quarrying or for blasting or other industrial use.
(4)
In the sale or use of blank cartridges for a show or theater.
(5)
For signal or ceremonial purposes in athletics or sports.
(6)
By military organizations or organizations composed of veterans of
the Armed Forces of the United States.
B.
Age limitation. A display fireworks permit may not be issued to a
person under 21 years of age.
C.
Bond. The governing body of the municipality shall require a bond
or insurance policy deemed adequate by it from the permittee in a
sum not less than $500,000 conditioned for the payment of all damages
which may be caused to a person or property by reason of the display
and arising from an act of the permittee or an agent, an employee
or a subcontractor of the permittee.
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 municipality which
granted the permit.
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 Borough
of South Waverly, if it 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 or insurance 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.
Conditions. 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.
Prohibitions. A person may not intentionally ignite or discharge:
(1)
Consumer fireworks on public or private property without the express
permission of the owner. (The Borough does not give permission for
use of consumer fireworks on public property.)
(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.
No display fireworks shall be ignited within 300 feet of a facility
that meets the requirements of Section 2407 or Section 2410.[1]
[1]
Editor's Note: Refers to Sections 2407 and 2410 of Act
43 of 2017; see 72 P.S. §§ 9407 and 9410.
A.
Authorization. The governing body of a municipality may, under reasonable
rules and regulations adopted by it, grant permits for the use of
suitable fireworks for agricultural purposes in connection with the
raising of crops and the protection of crops from bird and animal
damage.
B.
Duration of permit. A permit under this section shall remain in effect
for the calendar year in which it was issued.
C.
Conditions. After a permit under this section has been granted, sales,
possession and use of fireworks of the type and for the purpose mentioned
in the permit shall be lawful for that purpose only.
A.
Authorization. Permission shall be given by the governing body of
a municipality under reasonable rules and regulations for displays
of display fireworks to be held within the municipality.
B.
Conditions.
(1)
Each display shall be:
(a)
Handled by a competent operator; and
(b)
Of a character and so located, discharged or fired as, in the
opinion of the Chief of the Fire Department or other appropriate officer
as may be designated by the governing body of the municipality, after
proper inspection, to not be hazardous to property or endanger any
person.
(2)
After permission is granted under this section, possession and use
of display fireworks for display shall be lawful for that purpose
only.
(3)
A permit shall be transferable.
It shall be unlawful for any person, persons, firms or corporations,
amusement parks, fair associations, farmer or agricultural operation,
or any other organizations or groups of individuals, to have or to
use display fireworks, as that term is defined in the October 30,
2017, Act 43 of 2017,[1] within the limits of the Borough of South Waverly unless
a permit therefor is first granted by the Borough as hereafter provided
for a display of display fireworks with a professional pyrotechnician
with a United States Bureau of Alcohol, Tobacco, Firearms and Explasives
permit and registration with the Pennsylvania Attorney General's
Office on the designated Borough grounds, specifically the Richard
L. Bentley Community Park.
[1]
Editor's Note: See 72 P.S. § 9401 et seq.
A.
Any person, persons, firms or corporations, amusement parks, fair
associations, or any other organizations or groups of individuals
desiring to explode display fireworks, as defined in the above stated
Act, in public as display fireworks shall request permission from
the Borough Council to sponsor a display of display fireworks at the
Borough's Richard L. Bentley Community Park and obtain a permit.
(1)
This subsection does not apply to devices such as "ground and hand-held
sparkling devices," "novelties" and "toy caps" in APA 87-1 or any
successor standard, the sale, possession and use of which shall be
permitted at all times throughout this Borough.
B.
The permit application will contain at a minimum the following, or
meet the following requirements:
(1)
Name, address, telephone number, email address, and fax number (if
applicable) of the applicant and, if the applicant is an organization,
the name, address, telephone number, email address, and fax number
(if applicable) of the contact person for the organization;
(2)
Name of the individual or organization that will be responsible for
providing the fireworks and detonation;
(3)
The operator must be registered with the Pennsylvania Attorney General's
Office and have a permit from the United States Bureau of Alcohol,
Tobacco, Firearms and Explosives Office.
(4)
Proposed date and time of the fireworks display;
(5)
Number and kinds of fireworks to be discharged;
(6)
The manner and place of storage of such fireworks prior to display;
(7)
The applicant shall acknowledge the fireworks will only be displayed
in the Borough-designated display area.
(8)
A display fireworks permit may not be issued to a person under 21
years of age.
(9)
The application must be submitted two weeks before the event.
(10)
The applicant shall acknowledge that after the display they
will be responsible for cleaning any debris and restoring the park
grounds to their pre-fireworks condition, including reimbursement
to the Borough for any Borough cleanup.
A.
The Code Enforcement Officer, or his or her designee, shall designate
the area where the display will originate from and allow fireworks
to be detonated from that area only.
B.
The Code Enforcement Officer shall verify the applicant or has retained
an operator who is a professional pyrotechnician for the display fireworks,
with a registered permit from the United States Bureau of Alcohol,
Tobacco, Firearms and Explosives Office and registered with the Pennsylvania
Attorney General's Office.
C.
Any and all holders of fireworks display permits will be required
to notify the Bradford County Emergency Management Center (at the
nonemergency contact number) at least two hours in advance of the
display, notifying them when and where fireworks will be displayed.
The permit holders will also be required to notify the Bradford County
Emergency Management Center (at the nonemergency contact number) at
the conclusion of the display.
D.
The Code Enforcement Officer will not allow fireworks displays if
there is a ban on open burning and/or a declared drought emergency
or predicted dangerous weather conditions (high winds) in effect at
the time of the notification telephone calls.
E.
The approval of the application by the Code Enforcement Officer will
be required prior to the issuance of a fireworks display permit from
the Borough or for permissible purposes.
A.
Applicants will be a professional pyrotechnician with registration
with the Pennsylvania Attorney General and a permit from United States
Bureau of Alcohol, Tobacco, Firearms and Explosives, and shall, at
the time of the application, provide a certificate of insurance to
the Borough with a minimum limit of bond or insurance of $500,000
conditioned for the payment of all damages which may be caused to
a person or property by reason of the display and arising from an
act of the permittee or an agent, an employee, or a subcontractor
of the permittee and naming the Borough as an additional insured.
B.
The permittee shall agree to hold harmless and indemnify the Borough
and both of their officers, agents and/or employees from any liability
arising from the display for which the permit is issued. This language
shall appear on the permit as issued.
A.
The Borough Manager, or his or her designee, will issue fireworks
display permits after approval from the Code Enforcement Officer has
been certified on the application, and the applicant has the required
insurance. Permits will be required for each separate event for the
display of fireworks.
B.
The cost of the permit will be set by resolution by Borough Council,
payable to the Borough of South Waverly prior to the issuance of the
permit. The Borough Council may waive all or a portion of the fee
if it is appropriate based on the permittee. The Council may change
the amount of the fee by resolution on their fee schedule. The initial
fee for the application shall be $100 until changed by Council resolution.
The applicant shall be required to reimburse the Borough for
a local newspaper advertisement displaying the date and time and place
of fireworks. The Borough shall utilize social media and the Borough
resources to publicize the date, time and place of the fireworks.
A.
A person using consumer fireworks in violation of provisions of this
chapter commits a summary offense and upon conviction shall be punished
by a fine of not more than $100 under the state law.
B.
A person who intentionally ignites or discharges 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 more than $500.
Should any part of this chapter be found to be unconstitutional,
illegal or invalid, such parts shall not affect, impair or otherwise
prevent the enforcement of the remainder of this chapter.
