[HISTORY: Adopted by the Borough Council
of the Borough of East Stroudsburg 12-7-1971 by Ord. No. 688, approved
12-7-1971; amended in its entirety 6-18-2019 by Ord. No. 1350, approved
6-18-2019. Subsequent amendments noted where applicable.]
This chapter shall be known and cited as the "Fireworks Ordinance."
Recognizing the need within the Borough to establish certain
minimum health and safety requirements for the discharge of consumer
fireworks or display fireworks, this chapter hereby establishes standards
which the Borough Council considers to be fair and effective in meeting
those minimum requirements.
This chapter and the objectives leading to its enactment are
authorized by § 3301.1(b)4(IV) of the Borough Code.
As used in this chapter, the following terms shall have the
meanings indicated:
Consumer fireworks as defined by Act 43 of 2017 and 72 P.S.
§ 7101, et seq.
The term "fireworks display permit" shall mean a permit issued
by the East Stroudsburg Borough Zoning Officer authorizing a display
of consumer fireworks or display fireworks within East Stroudsburg
Borough.
The provisions of this chapter shall supplement the rules, regulations
and laws of the Commonwealth of Pennsylvania. Where a provision of
this chapter is found to be in conflict with any provision of the
rules, regulations and laws of the Commonwealth of Pennsylvania, the
rules, regulations and laws of the Commonwealth of Pennsylvania shall
prevail unless the ordinance provision is more stringent and not preempted,
then the ordinance prevails.
The discharge of display fireworks within East Stroudsburg Borough
is prohibited except as provided below:
A.
Permit required: It shall be unlawful for any person, amusement parks,
fair associations, or any other organizations or group of individuals,
to have or to hold public displays of display fireworks within the
limits of Borough of East Stroudsburg Borough, unless a fireworks
display permit is first granted by the Zoning Officer.
B.
Application for permit: Applications for fireworks display permits
must be submitted to the Zoning Officer at least 20 days in advance
of the proposed display. Permit applications shall contain at a minimum
the following:
(1)
Adequate documentation demonstrating that the applicant is a legal
entity or, if an individual, is at least 21 years of age;
(2)
Name, address, telephone number, and fax number (if applicable) of
the applicant and, if the applicant is an organization, the name,
address, telephone number and fax number (if applicable) of the contact
person for the organization;
(3)
Name, address, telephone number and qualifications of the individual
or organization who will be the operator responsible for the display;
(4)
Proposed site and date and time of the fireworks display;
(5)
Number and kinds of display fireworks to be discharged;
(6)
The manner and place of storage of such fireworks prior to display;
(7)
Site plan depicting all structures, structures occupied, overhead
transmission lines, streets, parking areas, and areas where spectators
for the display will be gathered. The site plan should also contain
a symbol defining north and a sketch of the general area where the
fireworks will be set off, the area they will be directed, and all
means of ingress and egress for emergency vehicles;
(8)
The application shall contain an agreement by the applicant/permittee
to indemnify and hold harmless East Stroudsburg Borough, its Borough
Council in both their individual and official capacities, its officers,
agents, and/or employees from any and all liability arising from the
fireworks display for which the requested fireworks display permit
is issued. By accepting an issued fireworks display permit, the permittee
acknowledges that this obligation to indemnify and hold harmless is
incorporated by reference into any fireworks display permit issued
supported by the required insurance and bond.
(9)
A certificate of insurance, effective the day of the fireworks display,
with the following limits:
(a)
Commercial general liability (CGL) insurance ISO Coverage From
CG 00 01 covering on an "occurrence" basis, including products and
completed operations, property damage, bodily injury and personal
and advertising injury with minimum limits of $1,000,000 per occurrence.
If a general aggregate limit applies, either the general aggregate
limit shall apply separately to the project/location or the general
aggregate shall be twice the occurrence limit. The insurance shall
cover or be endorsed to cover liability arising from the proposed
event, and the liability assumed by the permit applicant pursuant
to this agreement utilizing ISO endorsements CG 20 10 and CG 20 37
or their equivalents. The policy shall include East Stroudsburg Borough,
its officers, its employees, and its volunteers, as additional insureds,
with primary coverage as respects the same, and shall contain a severability
of interests' provision. The coverage shall be primary and noncontributory.
(b)
Auto liability covering any auto with a combined single limit
of not less than $1,000,000.
(c)
Statutory workers compensation as required by the Commonwealth
of Pennsylvania. A certificate of insurance with endorsement WC 00
0313 shall be completed by the applicant's insurance agent(s)
as evidence that policies providing the required coverages, conditions,
and minimum limits are in full force and effect shall be furnished
to the Borough at least 30 days prior to the event described in the
permit application, and shall be subject to review and approval by
the Borough. The certificate shall provide that the coverages afforded
under the policies shall not be cancelled, terminated, or materially
changed until at least 15 days' prior written notice has been given
to the Borough.
(10)
A bond in favor of the Borough, in the amount of $50,000, conditioned
for the payment of all damages which may be caused either to a person
or persons, or to property by reason of the display and arising from
the acts of the permittee, his/her/its agents, employees or subcontractors.
The bond shall be in form and substance acceptable to the Borough
Solicitor; and
C.
Review and approval of the application.
(1)
The Borough Council shall designate a representative (designee) to
perform proper inspection and oversight of the fireworks display site.
The designee will:
(a)
Conduct a site inspection of the proposed site to determine
whether or not, in the opinion of the designee, the proposed character
and location of the fireworks display constitutes a fire hazard to
any property in the immediate area of the display, or will endanger
any person or persons; and
(b)
Designate the area where the display fireworks display will
originate from, and fireworks shall be detonated and displayed from
that area only; and
(c)
Notify the applicant and East Stroudsburg Borough prior to the
display as to whether the presence of firefighters and firefighting
equipment will be required at the display.
(2)
After a complete application has been received, the Zoning Officer
shall forward a copy of the site plan to the designee with a request
for a site inspection.
(3)
The approval of the proposed site for the fireworks display by the
designee shall be required prior to the issuance of a fireworks display
permit by the Zoning Officer.
D.
Permit issuance.
(1)
The East Stroudsburg Borough Zoning Officer will issue fireworks
display permits only after approval of the proposed site for the fireworks
display by the designee. The approved site shall be set forth on the
fireworks display permit.
(2)
A fireworks display permit issued hereunder shall be transferable
contingent on proper bonding and insurance remaining in place.
(3)
After a fireworks display permit is issued, the possession, use,
discharge, and display of display fireworks shall be lawful only to
the extent authorized by the permit.
(4)
Fireworks display permits will be valid only for the date of the
fireworks display set forth therein; provided, however, that if by
reason of unfavorable weather the display for which a fireworks display
permit has been issued does not take place at the time so authorized,
the person to whom such fireworks display permit was issued may within
24 hours apply to the Zoning Officer who issued the same, setting
forth, subject to penalties of perjury or unsworn falsifications,
the fact that such display was not made, giving the reason therefor,
and requesting a continuance of such fireworks display permit for
a day designated therein, not later than one week after the day originally
fixed in said fireworks display permit. Upon receiving such application
for a continuance, the Zoning Officer, if he/she believes the facts
stated therein are true, may extend the provisions of said fireworks
display permit to the day fixed in said application, not later than
one week after the original day designated in the fireworks display
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 fireworks display permit, provided the
provisions thereof extend to and cover all damages which may be caused
by reason of the said fireworks display taking place at such extended
date in the same manner and to the same extent as if such fireworks
display had taken place at the date originally fixed in the permit
contingent on proper bonding and insurance remaining in place.
(5)
Notwithstanding the issuance of a fireworks display permit, the same
shall automatically be rendered null and void, and no fireworks display
be permitted, if there is a ban on open burning and/or a declared
drought emergency in effect in the Borough on the date of the proposed
display.
E.
Required notifications. Any and all holders of fireworks display
permits will be required to telephonically notify the Fire Chief,
or his or her designee, at least 48 hours in advance of the fireworks
display and further telephonically notify the Monroe County Control
Center (570-992-9911) at least two hours in advance of the fireworks
display, which notification shall advise as to when and where the
display fireworks will be displayed. Permit holders shall also telephonically
notify the Monroe County Control Center (570-992-9911) at the conclusion
of the fireworks display.
F.
Consumer fireworks. A person who is at least 18 years of age and
meets the requirements of this section may purchase, possess and use
consumer fireworks as defined by Act 43 of 2017 and 72 P.S. § 7101,
et seq.
(1)
Prohibited use of consumer fireworks. A person may not intentionally
ignite or discharge:
(a)
Consumer fireworks on public or private property without the
express permission of the owner;
(b)
Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building;
(c)
Consumer fireworks or sparkling devices into or at a motor vehicle
or building or at another person;
(d)
Consumer fireworks or sparkling devices while the person is
under the influence of alcohol, a controlled substance or another
drug;
(e)
Consumer fireworks within 150 feet of an occupied structure.
Nothing in this chapter shall be construed to prohibit the use
of fireworks by railroads or other transportation agencies for signal
purposes or illumination, or those which are used in quarrying or
for blasting or other industrial uses or for the sale or use of blank
cartridges for show or theater or for signal or ceremonial purposes
in athletics or sports or for use by military organizations or organizations
composed of veterans of the United States Army or Navy.
The Chief of Police of the Stroud Area Regional Police Department
and/or police officers of that Department shall seize, take, remove
or cause to be removed, at the expense of the owner, all stocks of
fireworks or combustibles offered or exposed for sale, stored or held
in violation of this chapter.
This chapter shall be enforced by action before a magisterial
district judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person who or which violates or permits a violation of the provisions
of this chapter shall, upon conviction in a summary proceeding, pay
a fine of not less than $100 nor more than $1,000 per violation, plus
all court costs and reasonable attorney's fees incurred by the
Borough in the enforcement proceedings, and/or be imprisoned to the
extent allowed by law for the punishment of summary offenses. Each
day or a portion thereof that a violation exists or continues shall
constitute a separate violation. Further, the appropriate officers
or agents of the Borough are hereby authorized to seek equitable relief,
including injunction, to enforce compliance with this chapter. All
fines, penalties, costs and reasonable attorney's fees collected
for the violation of this chapter shall be paid to the Borough for
its general use.
