[HISTORY: Adopted by the Borough Council of the Borough of
Middletown 11-6-2019 by Ord. No.
1366, approved 11-6-2019. 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 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 APA 87-1 or any successor standard, the sale, possession and use
of which shall be permitted throughout the Commonwealth of Pennsylvania.
The term does not include devices such as ground and handheld
sparkling devices, novelties or toy caps as defined in APA 87-1 or
any successor standard, the sale, possession and use of which shall
be permitted at all times within the Borough, unless otherwise provided
in the Middletown Borough Code.
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).
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business, whether or not a person is
actually present.
A.
Permissible purposes. Display fireworks may be possessed and used
by a person holding a permit issued by the Borough of Middletown 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.
Application. A permit may only be issued following the submission
of written application to the Borough not less than 30 days before
the date of the display fireworks. The Borough may adopt by resolution
an official permit application and fee, which may be amended from
time to time as may be determined by Borough Council.
C.
Age limitation. A display fireworks permit may not be issued to a
person under 21 years of age.
D.
Bond. The Borough shall require a bond deemed adequate by the Middletown
Borough Council from the permittee in a sum not less than $50,000
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 Borough.
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,
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 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 section 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.
(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.
(6)
Consumer fireworks between the hours of 10:00 p.m. and 7:00 a.m.,
except that on New Year's Day, they shall be permitted be permitted
between 12:00 midnight until 12:30 a.m.
A.
Display fireworks shall be subject to following conditions:
(1)
Each display shall be handled by a competent operator; and
(2)
Each display shall be of a character and so located, discharged or
fired as, in the opinion of the Chief of the Middletown Borough Volunteer
Fire Department or other appropriate officer as may be designated
by the Middletown Borough Council, after proper inspection, to not
be hazardous to property or endanger any person.
B.
After permission is granted under this chapter, possession and use
of display fireworks for display shall be lawful for that purpose
only.
C.
A permit issued under this chapter shall be transferable upon approval
of the Borough.
A.
A person using consumer fireworks or 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 $100.
B.
Middletown Borough Police or other authorized law enforcement officials
shall take, remove or cause to be removed at the expense of the owner
all stocks of consumer fireworks or display fireworks stored or held
in violation of this chapter. The owner shall also be responsible
for the storage and, if deemed necessary, the destruction of these
fireworks.
