[HISTORY: Adopted by the Borough Council
of the Borough of Marcus Hook 6-7-2021 by Ord. No. O-21-4, approved 6-7-2021.
Amendments noted where applicable.]
The following words and phrases when used in this chapter shall
have the meanings given to them in this chapter 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 for entertainment purposes, 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 this commonwealth.
The term does not include devices as ground and handheld 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.
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).
The Borough of Marcus Hook.
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.
Prohibitions. A person may not intentionally ignite or discharge:
(1)
Consumer or display fireworks or sparkling devices on public or private
property without the express permission of the owner.
(2)
Consumer or display fireworks or sparkling devices within, or throw
fireworks or sparkling devices from, a vehicle or building.
(3)
Consumer or display fireworks or sparkling devices into or at a vehicle
or building or at another person.
(4)
Consumer or display fireworks or sparkling devices while the person
is impaired under the influence of alcohol, a controlled substance
or another drug.
(5)
Consumer or display fireworks within 150 feet of an occupied structure.
A.
The following shall apply:
(1)
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 $500.
(2)
A person using display fireworks in violation of the provisions of
this chapter commits a third-degree misdemeanor offense and, upon
conviction, shall be punished by a fine of not more than $2,500.
