[HISTORY: Adopted by the Borough Council of the Borough of Carlisle 9-10-2020 by Ord. No. 2365, approved 9-10-2020. Amendments noted where applicable.]
This chapter is enacted pursuant to the power of Borough Council to establish regulations necessary for the health, safety, general welfare, comfort and safety of the Borough of Carlisle pursuant to 8 Pa.C.S.A. § 1202(5) and in accordance with Act 43 of 2017.
Borough Council deems it best for the health, general welfare, cleanliness and safety of the Borough, its residents, visitors and property, to adopt an ordinance prohibiting the use of fireworks on all property of the Borough of Carlisle. Borough Council finds that the use of fireworks as permitted by Act 43 of 2017 creates a danger to the health and safety of persons, exposes property to potential damage and fire, and creates waste and litter.
A. 
The definitions of "consumer fireworks" and "display fireworks," as well as "APA 87-1" and other relevant definitions necessary to define "consumer fireworks" and "display fireworks" as contained in Act 43 of 2017 (specifically 72 P.S. § 9401, Definitions), are incorporated by reference in this section in their entirety.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
A natural person, firm, partnership, limited partnership, limited-liability partnership, limited-liability corporation, association, corporation, trust or other legal entity.
Except as provided in § 132-5 below, no person shall ignite or discharge, and no permission is granted by Borough Council to ignite or discharge, consumer fireworks or display fireworks on any public streets, avenues or alleys of the Borough of Carlisle, public sidewalks of the Borough of Carlisle and on or from any Borough park, recreational facilities, trail or public buildings or other property of the Borough of Carlisle.
Nothing in this chapter shall be construed to prevent Borough Council from approving the use of display fireworks by a properly licensed person on any public property of the Borough of Carlisle.
A person using consumer 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. A person using 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. Enforcement of this section shall be by a police officer of the Police Department of the Borough of Carlisle, but such enforcement shall not prohibit the Borough of Carlisle from pursuing any other remedies available to it in the event of a violation of this chapter, which remedies shall be cumulative.