[HISTORY: Adopted by the Board of Supervisors of the Township
of Clinton 12-13-2021 by Ord. No. 2021-06. Amendments noted where applicable.]
The purpose of this chapter is to provide permits for the use
of display fireworks within Clinton Township, prescribing safeguards
concerning same, prohibiting the use of professionally displayed fireworks
without obtaining a permit, and prescribing penalties for violations
to prevent nuisances and otherwise protect the general health, safety
and welfare of the residents of the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
Any combustible or explosive composition or any substance or
combination of substances intended to produce visible and/or audible
effects by combustion and which is suitable for use by the public
that complies with the construction, performance, composition, and
display labeling requirements promulgated by the Consumer Products
Safety Commission in 16 CFR, as amended, or any successor regulation,
and which complies with the provisions for "consumer fireworks" as
defined in the American Pyrotechnics Association ("APA") Standard
87-1, as amended, or any successor standard.
In the Commonwealth of Pennsylvania, 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 per discharge shot are considered consumer fireworks. However,
luminaries, cherry bombs, M-80s, M-100s, silver salutes, and "balloons"
or "Brody's Balloons" are not included in any Class C fireworks
and are hereby prohibited for use in Clinton Township.
Shall be defined as provided in Section 2401 of Act 43 of
2017 as 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 the purpose
and use of the Hazardous Materials Table).
A.
It shall be unlawful for any persons, firms, or corporations to possess
or use display fireworks within the limits of the Township unless
a permit is first issued by the Township.
B.
Holders of permits to possess and use display fireworks within the
Township must comply with and abide by all Commonwealth of Pennsylvania,
Butler County, and federal statutes and regulations governing the
use and storage of display fireworks, including, but not limited to,
the International Fire Code and the Uniform Construction Code (Act
45 of 1999, as amended) ("UCC"). In the event of an inconsistency
between the aforementioned state, county, and federal laws and regulations
and this chapter, the more stringent statutes and regulations shall
apply.
C.
Before a permit for the possession and use of display fireworks may
be issued, the applicant must apply to the Township for a permit.
If a UCC permit is required because a temporary structure is being
erected and/or a generator will be used, the UCC permit must be obtained
before a display fireworks permit will be issued by the Township.
If an applicant possesses a valid UCC permit, the site inspection
requirements described in the following subsection are waived.
D.
Every use of display fireworks within the Township shall be handled,
arranged, managed, and directly supervised by a certified or licensed
operator. The local Fire Chief, Fire Marshal, or Fire Code Official
shall inspect the proposed site prior to issuing a permit in accordance
with the International Fire Code and Uniform Construction Code and
other applicable regulations.
E.
No permit is required for the use and enjoyment of consumer fireworks
in the Township by individuals within Clinton Township, provided the
sale, possession and use of which shall be allowed subject to the
conditions listed above in the definition of "consumer fireworks."
Specifically, the sale, possession and use of consumer fireworks is
allowed subject to: No one may intentionally ignite or discharge:
(1)
Consumer fireworks on public or private property without 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 another person;
(4)
Consumer fireworks or sparkling devices while the person is under
the influence of alcohol, a controlled substance, or another drug;
and
(5)
Consumer fireworks within 150 feet of an occupied structure. The
term "consumer fireworks" does not include devices such as ground
or hand-held sparkling devices, novelties, and toy caps in APA Standard
87-1, as amended.
An application for a permit for display fireworks shall be made
in writing to the Township at least 30 days in advance of the date
of the proposed use of display fireworks, setting forth the proposed
date, time, location, and an alternate date in the event of a weather
delay, the character and duration thereof, the name and address of
the certified or licensed operator, and the name and address of the
owner(s) of the grounds on which the display fireworks are to be used,
with the written consent of such owner(s) and a copy of any permit
application required by the International Fire Code and/or the UCC.
The application shall contain copies of all state, federal, and local
permits and/or licenses needed for the use of display fireworks. All
applicants shall pay the Township the appropriate permit fee identified
in the Township's duly enacted fee schedule and provide proof
of liability insurance acceptable to the Township and the required
bond prior to issuance of a permit. The Board of Supervisors or its
designee may attach conditions and/or restrictions on any permit for
the use of display fireworks as deemed necessary.
A.
Permits granted under this section shall be for the approved purpose, date, and time only, unless extended due to unfavorable weather under § 68-6, Weather delays.
B.
No permit for the use of display fireworks shall be issued to an
individual under the age of 21.
C.
No permit for the use of display fireworks shall be issued to an
individual unless said individual provides written documentation that
he or she has obtained all necessary federal licenses and authorizations
to possess, store, and use display fireworks, and has visited the
Local Fire Chief, Marshal, or Fire Official.
D.
No display fireworks shall be ignited within 300 feet of a permanent
or temporary fireworks facility licensed by the Pennsylvania Department
of Agriculture.
E.
No permit shall be issued to a company which provides and/or sets
off display fireworks for profit unless it provides proof of registration
with the Commonwealth of Pennsylvania.
F.
Permits issued pursuant to this chapter may be transferred in accordance
with Act 43 of 2017. Such transfers shall take effect only after 1)
the permit holder provides written notice of the proposed transfer
to the Township; and 2) the transferee provides a written statement
that he or she agrees to comply with the requirements stated in the
permit and this chapter. Both must be provided to the Township at
least 10 days in advance of the transfer.
The Township shall require a bond from the applicant in an amount
deemed appropriate by the Board of Supervisors or its designee. The
bond amount shall be no less than $1,000,000 and shall be provided
for the payment of any and all damages caused to any person(s) and
property by reason of the display and arising from any acts of the
permittee or the permittee's agents, employees, subcontractors,
or volunteers. The bond shall be in a form acceptable to the Township,
and no permit for the use of display fireworks shall be issued unless
an acceptable bond is received by the Township.
If by reason of unfavorable weather the display for which a
permit has been granted does not take place at the time authorized,
the permittee may apply to the Township within 24 hours, setting forth
under oath the fact that such display was not made, the reason, and
request for a continuance of such permit for a specifically designated
day, no later than one week after the day fixed originally in said
permit. An alternate date in the event of a weather or other delay
must be specified when applying for a permit from the Township. Upon
receiving such application for a continuance, the Township shall extend
the provisions of the permit to the day fixed in the application,
no later than one week after the original day designated in the permit,
if it believes the facts to be true. Such extension of time shall
be granted without the payment of any additional fee or requiring
any bond other than the one given for the original permit. The provisions
of the original bond shall extend to and cover all damages which may
be caused by reason of said display taking place at the extended date
in the same manner and to the same extent as if such display had taken
place at the date originally fixed in the permit.
Any person violating the provisions of this chapter shall be
guilty of a summary offense, and, upon conviction thereof, shall be
punished by a fine not exceeding $1,000 or by imprisonment not exceeding
30 days, or by both such fine and imprisonment.
After a permit is obtained from the Township, it is recommended
that the permittee planning to set off display fireworks formally
notify all residents and businesses in the area contiguous to the
location where the display fireworks will be discharged of the date,
time, and duration of the display and post a sign on the property
where the fireworks will be discharged alerting the public to the
event's date and time.
